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Trump Threatens to Withhold Disaster Declaration for Michigan because Gretchen Whitmer Was Mean to Him

Update: According to NBC’s Geoff Bennett, Trump has now approved the request.

Last night, Donald Trump suggested that he might withhold a disaster declaration for Michigan requested by Governor Whitmer on March 26 because he doesn’t like Governor Whitmer’s public comments about the Federal government’s failures.

“We’ve had a big problem with the young — a woman governor. You know who I’m talking about — from Michigan. We don’t like to see the complaints,” President Trump told Sean Hannity during a FOX News interview on Thursday.

Gov. Whitmer has been openly critical of the federal response to the coronavirus outbreak, voicing her frustration with not having enough COVID-19 test kits and a lack of “clear and concise guidance from the federal government.”

The comments from President Trump come on the same day Gov. Whitmer requested a major disaster declaration for Michigan over the coronavirus outbreak.

“She doesn’t get it done, and we send her a lot. Now, she wants a declaration of emergency, and, you know, we’ll have to make a decision on that,” President Trump continued. “I don’t know if she knows what’s going on, but all she does is sit there and blame the federal government.”

Here are the states for which Trump has declared an emergency with the number of positive cases on the date Trump made that declaration and the party of their governor.

As of yesterday, Michigan has had 2,856 people test positive for COVID-19. Dr. Deborah Birx pointed to SE Michigan’s Wayne County (which includes Detroit and the mostly working class suburbs), along with Cook County, IL, as the alarming hotspots in the country.

And yet Trump doesn’t want to approve a disaster declaration because a girl was mean to him.

Kim DotCom Posts Evidence Trump’s “Best Friend (Name Redacted)” in Pardon Discussions

Last night, Kim DotCom tried to take credit for brokering the meeting at which Dana Rohrabacher tried to pardon a pardon deal whereby Julian Assange would claim Seth Rich was his source for the DNC emails and Trump would pay him off with a pardon. He posted a bunch of texts with “Trumps best friend (name redacted)” where he pushed his  interlocutor to get Trump to take a public step in favor of the deal.

Only, the name of Trump’s “best friend (name redacted)” was not actually redacted.

While I have no doubt DotCom is overselling his own role in this, it does appear he was talking directly to Sean Hannity about it.

Which would suggest a real continuity between whatever happened when Hannity met Assange in January 2017, not long after Roger Stone reached out to Margaret Kunstler to discuss a pardon, and what happened in August 2017, when Dana Rohrabacher resumed discussion of the pardon. That suggests pardon discussions were not — as WikiLeaks is now falsely portraying — a one-time bid that got rejected, leading to Assange’s prosecution, but rather continued from late December 2016 until at least August 2017, through the time when Mike Pompeo labeled WikiLeaks a non-state hostile intelligence agency.

Back Channel: How Sean Hannity Came to Believe “Every Word [Assange] Says”

In a pre-hearing hearing in London today, a lawyer for Julian Assange said they’d call a witness who would testify that Julian Assange was offered a pardon if he would say that Russia wasn’t behind the 2016 hack.

This has led to people discovering for the first time the abundant evidence that Assange and the Trump Administration were discussing pardons in a bunch of different contexts. They weren’t all, at all, an exchange for Assange’s false testimony about his ties to Russia. That’s just the only legally convenient one Assange can mention, because the others involve extortion (either a quid pro quo for the initial campaign dirt, or an offer to limit the damage of the Vault 7 leak in exchange for immunity) that would easily reach the bar for extradition.

As I’ve noted repeatedly, one of the most interesting questions Robert Mueller failed to get Trump to answer in good faith pertained to pardon discussions starting even before the inauguration.

Did you have any discussions prior to January 20, 2017, regarding a potential pardon or other action to benefit Julian Assange? If yes, describe who you had the discussion(s) with, when, and the content of the discussion(s).

Trump’s answer did not cover the transition, when — testimony from his trial made clear — Roger Stone was already working on a pardon.

I do not recall having had any discussion during the campaign regarding a pardon or action to benefit Julian Assange.

The record shows that discussions of an Assange pardon — for any of a variety of reasons — continued from late 2016 through early 2018.

But now that Assange is preparing to unpack one point of blackmail he has against Trump — and given the abundant effort we’ve seen that various people (including but not limited to Paul Manafort) use Sean Hannity as a back channel to the President — it’s time for folks to reconsider the Sean Hannity interview of Julian Assange from early January, 2017, just days after Roger Stone was known to be pursuing a pardon for Assange.

How Paul Manafort Lied to Mueller to Protect Jared Kushner

Paul Manafort appears to have saved the President’s son-in-law by lying to Mueller’s prosecutors.

That’s what his 302 from September 13, 2018, released yesterday under FOIA, appears to show.

The 302 records the last interview before he sealed his plea deal (starting at PDF 223). Much of it focuses on how the campaign dealt with WikiLeaks. The 302 includes the following topics:

  1. A reminder that on the previous two days, Manafort had lied about meeting Konstantin Kilimnik in February 2017, but after being shown travel records in this interview he admitted it.
  2. Mostly redacted (for ongoing investigation likely tied to Roger Stone’s prosecution) discussions about how Manafort didn’t want Trump “distracted by the titillation of a WikiLeaks release.”
  3. A claim that the RNC would handle press on the WikiLeaks release, even though three Trump staffers had been strategizing just that for weeks.
  4. Manafort’s claim he was surprised by the “Russia are you listening” comment, which is consistent with other people’s claims, if unbelievable.
  5. Language designed to sustain a claim that Manafort had no idea why Trump attributed the stolen emails to Russia in his “Russia are you listening” comment.
  6. A claim that no one suspected Trump of “colluding” with Russian before Robbie Mook made the allegation.
  7. A discussion that ties the two October 7 events (the release of the Podesta emails and the Access Hollywood tape) with details of his own crimes in Ukraine, along with an admission that Manafort spoke to Trump about all that.
  8. Manafort’s claims to be absolutely ignorant about whether Trump had any entanglements with Russia.
  9. Lies about (almost certainly) Steve Calk’s awareness that his bank loan paperwork submission was false.

Between topic 8 and 9, the 302 also captures the basis for one of Mueller’s claims that Manafort lied during his cooperation agreement, an allegation (that Judge Amy Berman Jackson upheld) that Manafort lied about another DOJ investigation to protect someone.

I laid out what the breach determination disclosed about the investigation here. Basically, shortly before Manafort left the campaign, someone (which it’s now clear is almost certainly Roger Stone and indeed appears to have come up in Stone’s trial) offered up a way to save the candidate. The question is how closely involved someone else — someone with a 7-character name — got involved in this effort to save the candidate. According to the breach proceedings, Manafort told one story that incriminated the person with a 7-character name when first interviewed, prior to getting his plea deal, on September 13 (that is, in this 302). But when Mueller’s team brought prosecutors from another investigation in to hear the story on October 5, Manafort at first gave a very different version, one that was much less incriminating to that 7-character name person, a version that aligned with the story that person was telling the FBI at the time, and that put more of the blame on the 5-character name person, presumably Stone.

It appears highly likely that the person he was protecting was Jared Kushner.

In the breach hearing (discussion starts on page 110), the names of both people involved are redacted.

But in the 302 released yesterday, Kushner’s name is not redacted.

Numerous times in Paul Manafort’s texts with Sean Hannity (who, in another of the 302s released yesterday, he admitted to treating as a back channel to Trump), Manafort talked about his certainty that Mueller would go after Kushner. Indeed, he claimed that’s who he would have to give up to get a plea deal.

We now know he discussed Kushner the day before he got a plea deal. And then he reneged on telling that story.

As I disclosed in 2018, I provided information to the FBI on issues related to the Mueller investigation. 

Was Chris Ruddy a Second Back Channel between Manafort and Trump?

Yesterday, Buzzfeed released the next tranche of FOIAed Mueller 302s. There’s actually some interesting details. They show:

  • Details of how KT McFarland lied and then, when she realized Mueller had obtained Transition emails, cleaned up her story in a panic
  • Some but not all of Jerome Corsi’s 302s, which are actually fairly informative
  • Some but not all of Manafort’s 302s where he lied (one of which I’ll return to)
  • Manafort’s admission he used Sean Hannity as a go-between with Trump

It also includes Chris Ruddy’s 302 (starting at PDF 58). As DOJ has been doing with most 302s, they’ve left mostly stuff that showed up in the Mueller Report unredacted, hiding the rest under deliberative (b5) exemptions.

But I’m interested in Ruddys’ 302 because four paragraphs that show a b7ABC redaction, which mostly has been used to hide stuff pertaining to Roger Stone.

I doubt this redaction pertains to Stone, though, at least not exclusively.

As I noted last June when Amy Berman Jackson liberated the Sean Hannity texts with Manafort, she withheld another set of communications (probably showing Kevin Downing reached out to the media, as he had done with Hannity, which is why they were submitted as part of Manafort’s sentencing). She withheld the other texts because of an ongoing proceeding.

At the time, I suggested that the other proceeding might pertain to Chris Ruddy because:

  • Ruddy was a key source for a key Howard Fineman story in the same time frame as Kevin Downing had reached out to Hannity
  • Prosecutors probably obtained all of Manafort’s WhatsApp texts after learning he had been witness tampering using that account
  • Ruddy testified to Mueller the day after they had extracted the Manafort-Hannity texts, suggesting he was a likely candidate to be the other person whose texts showed ongoing communication with the media

Here’s my logic from that post:

All that provides one possible explanation for why Manafort decided it’d be a good idea to put his lawyer directly in touch with Hannity, in violation of her gag order. But that doesn’t explain the other reason ABJ decided not to release the second set of texts: some “ongoing matters” that require the communications remain secret.

[snip]

There’s one other notable date in that time period. As I’ve noted, the Downing – Hannity discussions came just before Howard Fineman reported, on January 30, 3018, not only that Trump planned to beat Mueller by having Sessions investigate him…

Instead, as is now becoming plain, the Trump strategy is to discredit the investigation and the FBI without officially removing the leadership. Trump is even talking to friends about the possibility of asking Attorney General Jeff Sessions to consider prosecuting Mueller and his team.

… But also reported that Trump was confident that Manafort would not flip on him.

He’s decided that a key witness in the Russia probe, Paul Manafort, isn’t going to “flip” and sell him out, friends and aides say.

Chris Ruddy was one source for the Fineman story. And Ruddy was interviewed by the FBI about his knowledge of Trump’s efforts to obstruct justice on June 6, 2018, the day after the FBI extracted the Hannity texts from Manafort’s phone.

On Monday, June 12, 2017, Christopher Ruddy, the chief executive ofNewsmax Media and a longtime friend of the President’s, met at the White House with Priebus and Bannon.547 Ruddy recalled that they told him the President was strongly considering firing the Special Counsel and that he would do so precipitously, without vetting the decision through Administration officials.548 Ruddy asked Priebus if Ruddy could talk publicly about the discussion they had about the Special Counsel, and Priebus said he could.549 Priebus told Ruddy he hoped another blow up like the one that followed the termination of Corney did not happen.550 Later that day, Ruddy stated in a televised interview that the President was “considering perhaps terminating the Special Counsel” based on purported conflicts of interest.551 Ruddy later told another news outlet that “Trump is definitely considering” terminating the Special Counsel and “it’s not something that’s being dismissed.”552 Ruddy’s comments led to extensive coverage in the media that the President was considering firing the Special Counsel.553

547 Ruddy 6/6/18 302, at 5.

548 Ruddy 6/6/18 302, at 5-6.

549 Ruddy 6/6/ l 8 302, at 6.

550 Ruddy 6/6/18 302, at 6.

551 Trump Confidant Christopher Ruddy says Mueller has “real conflicts” as special counsel, PBS (June 12, 2017); Michael D. Shear & Maggie Haberman, Friend Says Trump ls Considering Firing Mueller as Special Counsel, New York Times (June 12, 2017).

If you’re going to contact one of Trump’s close media allies — Hannity — to send Trump an ultimatum about Manafort and get the media person on board for a plan to undercut Mueller, you’re likely to contact Trump’s other closest media ally, Chris Ruddy.

None of that answers what Downing had to explain to Hannity and what the ongoing proceeding might be. But it does suggest that Ruddy was in the same kind of discussion circle in January 2018 as Hannity was.

The four paragraphs in Ruddy’s 302 that, nine months after Mueller finished remain redacted because of an ongoing investigation, suggest my speculation was probably right, and that the ongoing proceeding pertains to communications between either Manafort or Downing back before Howard Fineman reported that Trump had confidence that the one witness who might hurt him, Manafort, would not flip on him.

I’m not sure what ongoing proceeding that would entail. And if Manafort was also using Ruddy as a back channel to Trump, it would mean his later testimony was false, because he didn’t also admit to using Ruddy in that fashion.

The Persistence of Jared in the WikiLeaks Operation

As I noted repeatedly (one, two), there were a number of provocative loose threads left in Roger Stone’s trial. I want to look at one more: Roger Stone’s effort to involve Kushner in WikiLeaks related stuff.

Rick Gates testified that in the weeks before WikiLeaks dropped the DNC emails in July 2016, a group including Stephen Miller, Jason Miller, Paul Manafort, and him brainstormed how they would respond to emails that — according to Roger Stone (as well as other public reporting) — would soon be released.

Jared Kushner was pointedly not named as participating in that group.

That’s interesting because, just before 10PM on June 14, 2016 — the day that the DNC first announced it had been hacked — Stone had two phone calls with Trump on his home line, lasting a total of 4:18 minutes. The government admits they don’t know what happened on those calls, but for some reason they seem to be certain it had to do with the DNC emails. Late afternoon the next day, after Guccifer 2.0 first released documents billed as DNC documents, Stone wrote Gates asking first for Jared Kushner’s contact info, then his email. There were also a number of texts that day (the trial exhibit doesn’t clarify whether these are ET or UTC, so it’s unclear whether they happen around 4 and 12 PM, which is most likely, or 8PM and 4AM the next day).

Stone: Call me. Important

Gates: On con call but will call right after. Thanks.

Stone: Please

Stone: Awake ?

Gates: Yep.

Stone: Call me?

Gates said that Stone wanted Jared’s contact info to debrief him on the hacked materials. Which is one reason it’s weird that Kushner was not named in the group that prepared for new emails to drop.

Especially since, late in the campaign, Kushner is the one Paul Manafort advised on how to capitalize on WikiLeaks’ releases. On October 21, for example, Manafort told him to use WikiLeaks to demonstrate Hillary’s alleged corruption.

For example, on October 21, 2016, Manafort sent Kushner an email and attached a strategy memorandum proposing that the Campaign make the case against Clinton “as the failed and corrupt champion of the establishment” and that “Wikileaks provides the Trump campaign the ability to make the case in a very credible way – by using the words of Clinton, its campaign officials and DNC members.”936

When, on November 5, Manafort sent Kushner an email warning that Hillary would blame any win on hacked voting machines, Steve Bannon responded by linking Manafort, Russia, and the WikiLeaks releases. (PDF 258)

We need to avoid this guy like the plague

They are going to try and say the Russian worked with wiki leaks to give this victory to us

Paul is nice guy but can’t let word out he is advising us

That suggests that Bannon was a lot warier of continuing to accept Manafort’s counsel than Kushner was — and Bannon was wary because it linked a campaign win to Russia’s help.

When Bannon was asked about this in an early, not entirely truthful, interview, he in turn linked Manafort to someone else who, given the name length and redaction purpose, is likely Stone.

Candidate Trump never said to Bannon that he was in contact with [5 letter name redacted for ongoing proceeding] or Manafort. Bannon knew they were going to win, and in this email he wanted to avoid Manafort because Bannon believed that if people could link them to Manafort, they could then try to link them to Russia.

Now go back to something else introduced in the trial. On August 18, the day after Bannon was first hired onto the campaign (but the day before Manafort would resign), Stone emailed him and explained, “I do know how to win this but it ain’t pretty.”

That appears to be the “other investigation” that Paul Manafort was supposed to, but reneged, on helping DOJ investigate last year, one where Manafort first implicated (to get his plea deal), then tried to exonerate (after he got it) someone with a seven-letter name. Even at the time, a different part of DOJ was investigating it.

Finally, consider one other detail. Back in March 2018, when Sean Hannity was grilling Paul Manafort about whether he might flip, Manafort explained that he would be expected to give up Kushner.

These are just data points.

But they are consistent with there being two strands of WikiLeaks discussions on the campaign. One — involving Gates, Stephen Miller, and Jason Miller — doing little more than optimizing the releases. And another — involving Manafort and Kushner, one that Bannon didn’t want any tie to — involving something more.

Why Won’t Sean Hannity Defend Trump against Impeachment Under Oath?

Yesterday, the Republicans released their list of requested witnesses for the public impeachment hearings this week. The list includes:

  • Devon Archer, Hunter Biden’s business partner
  • Hunter Biden
  • Alexandrea Chalupa, the DNC consultant who conducted oppo research on Manafort [corrected] via non-official sources
  • Undersecretary of State David Hale, who gave a private deposition the details of which have not yet leaked
  • Tim Morrison, the NSC staffer who was on the Trump call but has said (in part because saying anything else would implicate him criminally) nothing he heard was a problem
  • Nellie Ohr, whom Nunes falsely accuses of assisting with the Steele dossier, but who collected oppo research on Trump based off leads which were in turn based off open source research
  • Kurt Volker
  • The whistleblower
  • The whistleblower’s sources

I’m amuses me they think Volker will help them, as it reflects their inability to process information as it has come in. In his testimony, Volker made a concerted effort to spin what happened in the least damaging way for Trump. He based much of that defense on the then-operative understanding that Trump had never mentioned Burisma in his conversation with Volodymyr Zelensky, thereby suggesting that that improper request never got beyond Rudy Giuliani to the President. But we now know that Trump did explicitly invoke Burisma in the call, but that it got redacted out by John Eisenberg and others. That is, precisely the detail that Volker used to exonerate the President has now been overtaken by events. Volker will likely spend part of his public testimony backtracking off the stances Republicans believe help the President.

While I assume Schiff will accept the request to call witnesses he himself has asked for depositions, Schiff has already ruled out calling Hunter Biden or the whistleblower.

Still, the most telling part of this list is that the most loyal defender of the President, Sean Hannity, is not on it.

It is now clear that Hannity is a key player in this information operation (unsurprisingly, given what we know about his efforts to coordinate Paul Manafort’s defense). Unlike John Solomon, Hannity’s personal implication in the slimy nest of legal conflicts that the President calls legal representation seem to have ended when Michael Cohen got busted. Unlike Rudy, Hannity’s status as a journalist should protect him from legal liability.

So there’s no reason — besides the fact he’d be under oath — why he shouldn’t be willing to testify about the several key events he played a part in.

For example, Marie Yovanovitch testified that she understands during a period when Hannity was attacking her personally, someone close to Mike Pompeo called Hannity and asked him to either substantiate the charges or stop.

THE CHAIRMAN: And did you ever find out when, you know, the allegations were being made or the attacks were being made by Donald Trump, )r., or Rudy Giuliani, did you ever find out what the Secretary of State’s position, whether the Secretary of State was going to defend you or not, apart from the refusal by the Secretary to issue a statement in your defense?

MS. YOVANOVITCH: What I was told by Phil Reeker was that the Secretary or perhaps somebody around hjm was going to place a call to Mr. Hannity on FOX News to say, you know, what is going on? I mean, do you have proof of these kinds of allegations or not? And if you have proof, you know, telI me, and if not, stop. And I understand that that call was made. I don’t know whether it was the Secretary or somebody else in his inner circle. And for a time, you know, things kind of simmered down.

THE CHAIRMAN: I mean, does that seem extraordinary to you that the Secretary of State or some other high-ranking official would call a talk show host to figure out whether you should be retained as ambassador?

MS . YOVANOVITCH: Wet 1 , I ‘m not sure that’ s exactly what was being asked.

THE CHAIRMAN: Well , they were aski ng i f what basi s they was Hannity one of the people criticizing you?

MS. Y0VANOVITCH: Yes. THE CHAIRMAN: 5o some top administration official was going to him to find out what the basis of this FOX host was attacking you tor?

YOVANOVITCH: Uh- huh.

THE CHAIRMAN: And did you ever get any readout on what the result of that conversation was?

MS. YOVANOVITCH: No, I didn’t, although I was told that it did take place.

Then later in the same deposition, Yovanovitch described how, in an appearance on Hannity’s show, the President pivoted from a question about Russia to focus on Ukraine, which the Ambassador thought might also be targeted at her.

[Dan Goldman] Are you also aware that on the night of April 25th that President Trump went on Sean Hannity’s show and discussed Ukraine?

A Yes. He was asked a question about Russia and he answered by responding about Ukraine.

Q And what was your reaction to that?

A Well, you know, I mean, I was concerned about what this would all mean.

Q In what way?

A Well, obviously, for me personally, not to make it all about me, but for me personally. But also, what does this mean for our policy? Where are we going?

In response, Hannity issued two angry denials on Twitter, not under oath, then linked to a (!!!) now debunked John Solomon piece, as if that did anything but confirm he was part of an information operation.

If Hannity wants to clear his name, surely he’s willing to do so under oath? While there, he can also explain why he keeps bringing Solomon, Joe DiGenova, and Victoria Toensing on his show, and why he doesn’t disclose that the latter two are working for mobbed up Ukrainian oligarch Dmitry Firtash.

Hannity has repeatedly hosted Joseph diGenova and Victoria Toensing, lawyers for Ukrainian oligarch Dmitry Firtash.

According to a Media Matters database, diGenova has appeared on Hannity’s show at least 37 times in 2018 and 2019. His partner Toensing has appeared on Hannity’s show at least 20 times during the same period.

Additionally, Hannity has hosted conservative writer John Solomon over 100 times in 2018 and 2019. Solomon, now a Fox News contributor, is also a client of Toensing and diGenova, and he coordinated with personal Trump lawyer Rudy Giuliani to inject his Ukraine disinformation into the media.

More importantly, when testifying under oath before the impeachment inquiry, Hannity can explain why Rudy’s Ukrainian grifters, Lev Parnas and Igor Fruman, were setting up an interview between him and Ukrainian prosecutor Viktor Shokin in Vienna, where Firtash has been bankrolling this entire influence operation.

While questions in Washington swirl around Shokin’s role in this controversy, Giuliani, Parnas, Fruman had specific plans for the former Ukrainian official up until the day of their arrest. According to those four sources, they told others they were headed to Vienna to help with a planned interview the next day: Shokin, they said, was scheduled to do an interview from the Austrian capital with Sean Hannity.

Through a spokesperson, Hannity said that “we never reveal our sources, potential sources, or persons they may or may not request to interview. Sean Hannity takes the first amendment seriously.”

He might even be able to explain whether, in Attorney General Barr’s visit to Rupert Murdoch’s home the night the grifters got arrested trying to flee the country (and so the night before Hannity was supposed to interview Shokin), he tipped off Hannity not to get on any planes?

Sean Hannity is a far more central fact witness on events associated with the impeachment than Biden, Archer, Chalupa, or Ohr. He’s one of Trump’s most loyal fans, so if there’s a defense of the President to be made, surely he’s willing to make it … under oath.

And yet, either Republicans aren’t willing to risk Hannity’s reputation, or Hannity is unwilling to repeat his claims denying involvement under oath.

After Engaging in Multiple Overt Acts Benefitting a Conspiracy, Bill Barr Had Kerri Kupec Commit the Most Overt Act

Before I get into how gullible DOJ reporters continue to be in this WaPo story relaying how Bill Barr refused to publicly announce that the President broke no law in his July 25 phone call with Volodymyr Zelensky, let me review a series of overt acts that might fairly be deemed part of what DOJ has already charged as a conspiracy.

DOJ fails to do the most basic “connect-the-dots” assessment implemented after 9/11

First, after John Demers went to the White House and discovered that his boss was implicated in a phone call that a whistleblower had complained about, when the Intelligence Community Inspector General sent a more formalized complaint to DOJ, DOJ limited the scope of their review of the complaint to one small part of it, just the TELCON, not the full complaint. This had the effect of preventing anyone from doing what the entire surveillance apparatus of FBI has been designed to do since 9/11, which is to search in their databases for all the people mentioned in a lead to find out if that lead connects to other known criminals. Here’s some of what DOJ knew when on the Ukraine investigation.

Had anyone followed the standard connect-the-dot rules in reviewing the whistleblower complaint, they would have searched on all the names in the references in the complaint, including those in this OCCRP piece, which was mentioned multiple times in the complaint.

That piece is a profile of Igor Fruman and Lev Parnas.

So if any person reviewing the whistleblower complaint had followed the approach put into place to protect the nation after 9/11, that person would have discovered:

  • Fruman and Parnas were making big donations to Republicans tied to certain policy outcomes and paying for those donations through a shell company
  • Parnas was also involved in propaganda sent, on White House stationery, to State in support of the same policy outcomes
  • The money for the shell company came from a lawyer who specializes in laundering money through real estate for foreigners
  • One policy issue Fruman and Parnas were pushing with their donations was one of the policy outcomes described in the Trump-Zelensky call, the withdrawal of Marie Yovanovitch

In short, there is no way a competent investigator would have done a connect-the-dots assessment on the whistleblower complaint and not realized it was closely related to a Full Investigation bearing down on an indictment in SDNY.

Instead of doing that marginally competent assessment, DOJ instead gave the whistleblower complaint the all-clear, in part by severing the transcript (which was damning enough) from the backup (which described OMB withholding funds, which is a separate crime, but also included the reference to the profile on suspects against whom SDNY had a fully predicated investigation into related actions). The decision to consider only the transcript affirmatively prevented DOJ from doing the kind of dot-connecting everything since 9/11 has claimed to support.

Whoever made that decision — whether willfully or unknowingly — prevented DOJ from formally realizing that the President’s call was closely tied to behavior that DOJ would indict less than two months later.

DOJ fails to share the whistleblower complaint with the FEC

At that point in late August, having decided that no crimes were committed, DOJ should have shared the whistleblower complaint — which even DOJ acknowledged raised possible election related crimes — with the Federal Election Commission under the terms of a Memorandum of Understanding they have. As of October 18, according to a letter from Ellen Weintraub responding to questions from Amy Klobuchar, DOJ had not done so.

This is the second time that you, as Ranking Member of the Senate Rules Committee with jurisdiction over federal elections, have written to commissioners of the Federal Election Commission to get a simple Yes or No answer to the question: Did the Department of Justice (DOJ) notify the FEC about or refer to the FEC a campaign finance complaint regarding potential violations of the foreign national political-spending ban by the President? Your October 2 letter specifically referenced a New York Times op-ed referring to a complaint reportedly originating with the Office of the Inspector General of the Intelligence Community.1 As noted in the Commission’s October 8 response, the FEC does not generally confirm or deny the agency’s receipt of notice or a referral from DOJ.2 However, you have asked me an important question in the exercise of your oversight authority, and commissioners should be responsive if it is legal for us to do so. It is.

For these reasons, I am answering your question: No. The FEC has not received a notification or referral from DOJ regarding the complaint you reference.

While DOJ is empowered to make any decisions about whether the call involved a crime, FEC is empowered to make decisions about whether it merits a civil penalty. And FEC might have connected the dots DOJ failed to. They would have seen that the phone call related to a campaign finance complaint plus follow-up it had already received on Parnas and Fruman, so it would have known almost as much as DOJ, had DOJ tried to connect the dots.

It turns out, it is a crime to prevent the FEC from learning information it needs to do its job. It’s not only the crime DOJ is about to charge the Russian Internet Research Agency trolls with a superseding indictment for, but it’s the crime that SDNY charged Parnas and Fruman with even before Weintraub sent her letter.

DOJ might have decided that they didn’t need to forward the complaint because Republican Matthew Petersen resigned from the FEC on the suspiciously timed August 26 and so ensured FEC couldn’t conduct any official business. But as the timing of the Parnas and Fruman indictment — which Bill Barr knew about — makes clear, DOJ still believes it can charge people for withholding information from FEC.

DOJ delays notifying Congress and hides Bill Barr’s involvement by overclassifying their OLC memo

Then, having prevented FEC from receiving information that would alert them that the President had a dodgy call that related to an existing campaign finance complaint, OLC tried to prevent Congress from learning of this — as required by whistleblower laws — by writing an OLC memo saying that this complaint did not amount to an official action.

OLC head Steve Engel wrote that memo on September 3, by which day DOJ should have alerted the Intelligence Committees of the complaint. That memo was used as an excuse to delay informing Congress. That delay included over a week during which the Administration continued to illegally withhold duly authorized security funding from Ukraine without explaining to Congress why it was doing so, a delay that Bill Taylor said (in his testimony to Congress) did real harm to Ukraine. All told, the OLC memo succeeded in delaying sharing the complaint with Congress for 23 days, something that DOJ’s own Inspector General noted (in a letter written on behalf of 70 Inspectors General) was a clear violation of the Intelligence Community Whistleblower Protection Act.

As Congress has done in every other whistleblower law passed since 1978, it entrusted IGs to play a central role in the evaluation of the information provided. Specifically, the ICWPA requires an IG to make within 14 days a factual determination as to whether an alleged urgent concern provided to the IG “appears credible.” If the IG determines that the allegation appears credible, which necessarily includes a determination by the IG that it involves an “urgent concern,” the IG is required to forward the allegation to the head of the agency and the agency head “shall” forward it to Congress within 7 days “with any comments.” The ICWPA’s use of the word “shall” makes it clear that the statute does not authorize the agency head, or any other party for that matter, to review or second-guess an IG’s good faith determination that a complaint meets the ICWPA’s statutory language.

Worse still, DOJ tried to delay informing Congress that Bill Barr was personally implicated by this call by overclassifying the OLC memo — in part by treating Barr’s implication in it, which the White House had deemed Secret, as Top Secret — and having done so, sharing a water-downed version of its own OLC memo with Congress on September 24 that hid Barr’s role and other key details.

Bill Barr continues to engage in overt acts in a conspiracy to provide John Durham propaganda to support an investigation into those who investigated Trump

And all this while — in the period while DOJ was scoping its own investigation to avoid connecting the dots and while DOJ was preventing FEC from learning of the whistleblower complaint and while DOJ was preventing Congress from receiving the complaint (the latter two acts in contravention of the law) — Bill Barr continued to engage in overt acts in the broader conspiracy to collect and provide to John Durham corroboration (no matter how sketchy or obviously coerced) that the investigation into Trump’s ties to Russia was ginned up by the Deep State.

Mind you, Barr may have already committed an overt act in the Ukrainian side of this conspiracy. By September 25, according to a DOJ statement, individual Ukrainians had already “volunteered” information to Durham.

A Department of Justice team led by U.S. Attorney John Durham is separately exploring the extent to which a number of countries, including Ukraine, played a role in the counterintelligence investigation directed at the Trump campaign during the 2016 election,” DOJ spokeswoman Kerri Kupec said Wednesday. “While the Attorney General has yet to contact Ukraine in connection with this investigation, certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating.”

Barr is micromanaging Durham’s investigation, so there’s little chance that these “volunteers” got from Rudy Giuliani to Durham without Barr’s own involvement.

In addition, Barr took a meeting with Victoria Toensing and Joe DiGenova to talk about their client, the mobbed up Dmitry Firtash, which was something valuable the lawyers could offer to the Firtash in exchange for him funding the Parnas and Fruman influence operation. To be sure, the Supreme Court has determined that taking a meeting does not amount to a thing of value amounting to bribery. But their ability to get such a meeting was nevertheless one of the reasons Firtash replaced Lanny Davis with Toensing and DiGenova and, in exchange, helped them feed propaganda to the Durham investigation.

The head of the Criminal Division, Brian Benczkowski, also took a meeting with Rudy in this time period (it’s unclear which client Rudy was pitching), but he claims to be unaware of the investigation into Rudy that was ongoing at SDNY, which may well be true but if so is tantamount to a confession that Benczkowski did not attempt to connect any dots on the whistleblower complaint.

But as to Barr, even as this story was breaking, Barr was in Italy pretending to be a Line FBI Agent, watching movies created by the Russian linked lawyer for Joseph Mifsud, in hopes of getting Italy to tell him and Durham that Mifsud was actually a Western intelligence asset and not the Russian one that Mueller (and abundant public evidence) suggested him to be.

In other words, by September 25, someone had already shared “evidence” with the Barr-micromanaged Durham investigation from the Ukrainian side of this information operation, and Barr was in Italy looking for more propaganda, to say nothing of how his meeting with Dmitry Firtash’s lawyers helped fund the information operation.

Barr did not publicly exonerate Trump personally — he had Kerri Kupec do it for him

I apologize for being long-winded. But all that is the necessary context that DOJ beat reporters should bring to a story on what Barr did in response to a request from Trump to make a public statement exonerating the President. Here’s the news in the WaPo piece, amid a bunch of Barr’s past PR and absent most of the details I’ve laid out above.

President Trump wanted Attorney General William P. Barr to hold a news conference declaring that the commander in chief had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said.

The request from Trump traveled from the president to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s declination to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say.

[snip]

The request for the news conference came sometime around Sept. 25, when the administration released a rough transcript of the president’s July phone call with Ukrainian President Volodymyr Zelensky.

[snip]

As the rough transcript was released, a Justice Department spokeswoman said officials had evaluated it and the whistleblower complaint to see whether campaign finance laws had been broken, determined that none had been and decided “no further action was warranted.”

It was not immediately clear why Barr would not go beyond that statement with a televised assertion that the president broke no laws, nor was it clear how forcefully the president’s desire was communicated. A Justice Department spokeswoman declined to comment. A senior administration official said, “The DOJ did in fact release a statement about the call, and the claim that it resulted in tension because it wasn’t a news conference is completely false.”

So, at a time after someone had already shared Ukrainian information with the Barr-micromanaged Durham investigation, after Barr had met with lawyers who were trading that access for propaganda to feed Durham, after Barr’s DOJ had scoped the whistleblower complaint to ensure it would not tie the complaint to the fully predicated criminal investigation in SDNY, after DOJ failed to turn over the complaint to FEC as required by a memorandum of understanding, after DOJ created an excuse to delay sharing the whistleblower complaint with Congress as mandated by law, after DOJ tried to hide Barr’s own involvement from Congress by overclassifying that fact … after all those overt acts that, depending on Barr’s understanding of what he got briefed way back in February and learned in multiple different ways since then, might amount to overt acts in the conspiracy SDNY has already charged Parnas and Fruman in, Barr declined to go out before cameras and comment on an ongoing investigation (which is, remember, what Jim Comey was ostensibly fired for) by publicly exonerating the President.

Instead, he had DOJ’s spox Kerri Kupec do so, in a statement that offered up excuses for why DOJ failed to connect the dots on a complaint that tied to a fully predicated investigation being conducted by SDNY.

Had Barr made that public comment, with his knowledge that the subject of the complaint connected to an ongoing investigation in SDNY into the underlying information operation that led up to the President’s call, his involvement in the Durham investigation that had already been fed by that information operation, and his meeting with lawyers that helped to provide a payoff for some of that information operation, it would have been an overt act that even Barr, with his abundant flair for PR (as witnessed by this WaPo article), could not deny was an overt act in a conspiracy being investigated by his subordinates.

So instead, he had a different subordinate (there is no evidence Kupec had any knowledge of these other acts) do that.

But that is not — as portrayed by the WaPo — evidence of distance between Barr and the White House. Rather, it’s evidence that Barr recognizes his own risk of becoming an active member of the conspiracy his DOJ went to great lengths to avoid investigating.

And all that’s before Barr slinked into a meeting with Rupert Murdoch as Sean Hannity was about to become part of the conspiracy.

If the AG Is Involved in a Foreign Influence Operation, Does He Have to Register with Himself?

Way at the end of a CNN story on Rudy Giuliani’s grifters, Lev Parnas and Igor Fruman, this bombshell appears:

Two weeks ago when they were arrested, Parnas and Fruman were preparing to fly to Vienna, Austria, to meet Giuliani and another key figure in the impeachment investigation, Ukraine’s former prosecutor general Viktor Shokin, according to four sources familiar with their trip. Shokin is the same Ukrainian official who former Vice President Joe Biden — along with other Western leaders — had pushed to have removed over concerns he wasn’t prosecuting corruption.

While questions in Washington swirl around Shokin’s role in this controversy, Giuliani, Parnas, Fruman had specific plans for the former Ukrainian official up until the day of their arrest. According to those four sources, they told others they were headed to Vienna to help with a planned interview the next day: Shokin, they said, was scheduled to do an interview from the Austrian capital with Sean Hannity.

Through a spokesperson, Hannity said that “we never reveal our sources, potential sources, or persons they may or may not request to interview. Sean Hannity takes the first amendment seriously.”

The bullshit about how the First Amendment is why he’s not revealing his “potential source” who the TV star would have interviewed on TV got added overnight.

The news that Hannity was only saved from being a part of this influence operation by the arrest of two of its key players is news enough. But it dramatically changes the import of this news — that the night before this interview was scheduled, and after meeting with SDNY that same day, and probably after the grifters had been arrested as they tried to leave the country, the Attorney General of the United States had a meeting with Rupert Murdoch at the latter’s home.

Attorney General William P. Barr met privately Wednesday evening with Rupert Murdoch, the media mogul who is one of President Trump’s frequent confidants but whose Fox News is viewed by the president as more hostile toward him than it used to be.

The meeting was held at Mr. Murdoch’s home in New York, according to someone familiar with it. It was unclear if anyone else attended or what was discussed. Aides to both Mr. Murdoch and Mr. Barr declined requests for comment on the meeting.

So the presumed schedule for the players looks like this:

Lunch: Rudy meets with the grifters across the street from DOJ

Before the arrest: Barr informed they would be arrested (he met with SDNY that day)

Roughly 6:30: SDNY has the grifters as they prepare to fly to Vienna using one way tickets

After the arrest: Barr meets privately with Sean Hannity’s boss

This story from Parnas and Fruman’s arraignment yesterday revealed that SDNY has been monitoring twelve different phone lines.

Assistant U.S. Attorney Rebekah Donaleski told Oetken that evidence in the case that will need to be turned over to the defense was “quite voluminous.” She mentioned about 50 bank accounts and more than a dozen cell phones that were monitored in some fashion, as well as search warrants and subpoenas.

Admittedly, this number is across four different defendants (thus far), but twelve is a lot, and that word, “monitor” sure sounds like wiretapping. Which may be why Rudy is finally shopping for a defense attorney.

Wiretaps might be the kind of thing SDNY would brief Barr on if he met with prosecutors the day of the arrest. Prosecutors might also tell Barr what kind of high profile people had been caught up on the grifters’ encrypted texts, as Hannity was with Paul Manafort. In either case, it is virtually certain that Hannity was caught in the surveillance of the grifters, even if contacts between him and Rudy weren’t already obtained.

It looks bad, but given how much Barr has mainlined Fox propaganda over the last two decades, it wouldn’t be surprising if Barr attempted to protect the propaganda channels’ top entertainer.

All of which leads me back to something else: the Attorney General’s very narrow denials that he was pursuing Ukrainian dirt in the wake of the release of the Trump-Zelensky call on September 25.

At the end of August, when two top intelligence officials asked a Justice Department lawyer whether a whistle-blower’s complaint should be forwarded to Congress, they were told no, Attorney General William P. Barr and his department could handle the criminal referral against the president of the United States.

About four weeks later, the department rendered its judgment: President Trump had not violated campaign finance laws when he urged Ukraine’s president to work with Mr. Barr to investigate a political rival, former Vice President Joseph R. Biden Jr.

[snip]

The rough transcript showed that Mr. Trump believes he has that man. In a single sentence during the call with Ukraine’s leader, Mr. Trump said that he would have Rudolph W. Giuliani, his personal lawyer, and Mr. Barr reach out to help further an investigation of Mr. Biden and his younger son, Hunter Biden, who had served on the board of a Ukrainian corporation.

“I will have Mr. Giuliani give you a call, and I am also going to have Attorney General Barr call, and we will get to the bottom of it,” Mr. Trump said.

A Justice Department official said that Mr. Barr had no knowledge of the call until the director of national intelligence and the intelligence community’s inspector general sent the department the whistle-blower’s criminal referral late last month, and that Mr. Trump has not spoken with the attorney general “about having Ukraine investigate anything relating to former Vice President Biden or his son.”

Mr. Trump has not asked Mr. Barr to contact Ukraine for any reason, Mr. Barr has not communicated with Ukraine on any topic, and Mr. Barr has not spoken with Mr. Giuliani about the president’s phone call “or anything relating to Ukraine,” a Justice Department spokeswoman, Kerri Kupec, said in a statement.

[snip]

But Mr. Barr is also closely overseeing a review of the intelligence community’s decision to start a counterintelligence investigation into the Trump campaign during the 2016 election, which is being led by John Durham, the United States attorney in Connecticut. As part of that review, Mr. Durham is exploring what role, if any, a number of countries including Ukraine played in the investigation of the Trump campaign.

“While the attorney general has yet to contact Ukraine in connection with this investigation, certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating,” Ms. Kupec said.

According to DOJ, the following is true (or was true, as of September 25):

  • Barr had no knowledge of the call until Joseph Maguire sent the whistleblower complaint “late last month” (subsequent reporting probably moves that date back to when John Demers reviewed the transcript on August 15, and not knowing about the call is not the same thing as not knowing about the extortion attempt)
  • Trump has not spoken to Barr “about having Ukraine investigate anything relating to former Vice President Biden or his son,” which doesn’t exclude Trump asking Barr to investigate 2016, which is what the transcript more directly references
  • Trump has not asked Mr. Barr to contact Ukraine for any reason, nor has Barr communicated with Ukraine (multiple reports have noted that Barr’s wild goose chase has largely bypassed official legal request channels, which would present problems regarding the admissibility of any evidence he receives, but also would be consistent with the public reporting that he is pursuing Ukrainian dirt outside of official channels)
  • Barr has not spoken with Rudy about the call “or anything relating to Ukraine,” which doesn’t address whether he has addressed other sources of disinformation with Rudy, nor does it say whether Barr has communicated to Rudy via other channels or received a dossier of disinformation on Ukraine, sent by Rudy on White House stationary, as Pompeo did
  • Certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating;” this does not exclude Barr speaking to these same Ukrainians, as Barr has been with so many other parts of his wild goose chase, nor does it exclude Barr learning of the Ukrainians when he took a meeting with Joseph DiGenova and Victoria Toensing to discuss the Ukrainian oligarch whose bid to beat a bribery charge involves disinformation created by Viktor Shokin, the guy Hannity was going to interview

Given this narrow denial, it would be more likely than not that Barr knew of Firtash’s effort to use Shokin’s claim that he was unfairly targeted and encouraged John Durham to reach out to Shokin, to say nothing of several other pieces of disinformation Rudy has been floating.

What is absolutely certain, though, is that DOJ’s narrow denial in no way denies that Barr’s wild goose chase has incorporated materials that Rudy obtained as a result of the extortion attempt with Ukraine.

Indeed, back in the halcyon days before the grifters were arrested, frothy right wingers — up to and including close Rudy associate Michael Mukasey — keyed on DOJ’s confirmation that Durham was reviewing materials from Ukraine, as if that validated Rudy’s efforts. Back before Parnas and Fruman were arrested, the frothy right boasted that Durham had received these Ukrainian “leads.”

Which may be why Bill Barr’s DOJ did two things — consider the call transcript, and not the full whistleblower complaint, as the referral, and not forward the complaint to FEC as required under a standing MOU — that prevented others from identifying the ties between Parnas and Fruman (whom DOJ has repeatedly said Barr knew were being investigated) and the President’s July 25 call. To say nothing of the way his OLC treated his implication by the call as Top Secret, even though the White House itself considered it less classified.

Already, we have three solid pieces of evidence that Bill Barr’s DOJ engaged in a cover-up in a failed attempt to prevent anyone from tying the Parnas and Fruman influence campaign, his own wild goose chase, and the President’s extortion of Ukraine together.

But if Barr shared information learned about an ongoing investigation to prevent Hannity from embarrassment or even legal jeopardy, that would be a far more significant step.

Update: In the wake of Mick Mulvaney’s confirmation that Trump withheld duly appropriated funding from Ukraine to coerce it to cooperate in the Durham investigation, three different outlets did articles on what Durham is up to (NYT, NBC, CNN). Although all three provided new details on the investigation generally, none provided details describing from which Ukrainians Durham has received information.

Will Fox News Ask Its Commentators to Disclose Their Mobbed Up Clients?

Yesterday, I asked Fox Media Critic Howard Kurtz if he could dedicate a show to why Fox News commentators Joe DiGenova (who recently took to the air to accuse Democrats of “regicide”) and Victoria Toensing don’t disclose their representation of Dmitry Fitash, whom Rudy Giuliani has publicly asserted has close ties to mobster Semion Mogilevich. It would also be nice if they disclosed that in recent months they were being paid by corrupt Ukrainian oligarch Firtash $250,000 a month to to complain that Hunter Biden was paid $50,000 a month by a different corrupt Ukrainian oligarch.

To be sure, I’m not arguing that there’s a problem with DiGenova and Toensing representing a mobbed up oligarch. Everyone deserves good legal representation and if Firtash wants to spend his money paying for disinformation rather than sound legal advice, that’s his choice.

Mind you, Fox News might feel differently. After all, the network aggressively backed a smear campaign during the Obama Administration to tar any DOJ appointee who had ever represented a terrorism defendant. Among the Fox personalities who, in 2010, believed that lawyers’ past representation of certain kinds of defendants suggested a current ideological affinity for the underlying crime were:

According to Sean Hannity’s logic — “logic” I’m not adopting — DiGenova and Toensing’s representation of a guy with ties to organized crime suggests they, themselves, must support organized crime (and bribery, which is the charge Firtash is trying to beat in the US).

Still, particularly given this precedent, so long as Fox News pretends to be a news organization, it would seem advisable for the network to require DiGenova and Toensing to disclose their ties to someone that the President’s own personal lawyer says has ties to the mob.

Update: Laura Rozen notes that Chris Wallace was among the first to report that Di Genova and Toensing were part of Rudy’s plot.

FOX News has learned the president’s private attorney, Rudy Giuliani, was not acting alone in trying to get dirt from Ukrainian officials on 2020 rival Joe Biden. Two high-profile Washington lawyers, Joe diGenova, who’s been a fierce critic of the Democratic investigation, and his wife Victoria Toensing, were working with Giuliani to get oppo research on Biden.

According to a top U.S. official, all three were working off the books apart from the administration. The only person in government who knows what they were doing is President Trump.