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The Ongoing Proceeding into Paul Manafort’s Kevin Downing-Related Texts

Yesterday, Judge Amy Berman Jackson finally released texts between Paul Manafort and Sean Hannity that she first considered releasing on April 29. While lots of people are looking at the texts, I haven’t seen any reporting on why we got them — or the significance of the texts we didn’t get.

ABJ received those texts on February 26 of this year as Attachment F to the government’s sentencing memorandum. They are one of at least seven attachments to an attachment to the memorandum objecting to the probation office’s presentence investigation report into Manafort — presumably making an argument noting that he contemptuously violated ABJ’s gag order. The government appears to have first objected to the PSR on February 14.

Importantly, there’s another set of communications, Attachment 7, that ABJ didn’t release yesterday that are the subject of an ongoing proceeding of some sort.

Amy Berman Jackson considered referring Kevin Downing for criminal contempt

On the same day as Manafort’s sentencing (where the government objection did not come up), on March 13, ABJ issued an order for a hearing on March 22 to explain why she, “should not institute proceedings against [Manafort lawyer Kevin Downing] under Fed. R. Crim. Pro. 42 alleging a past violation of this Court’s” gag order. She also instructed both sides to tell her by March 19 whether the texts — Attachments 6 and 7 — should be filed on the public docket or not. The hearing on whether Downing should be sanctioned was postponed and ultimately held on April 2; a transcript of that hearing, with grand jury and privilege information redacted, should be released imminently. After the hearing, on April 25, ABJ asked both sides, again, if she should release Attachments 6 and 7. The government responded by May 17. Manafort’s lawyers only responded, in two separate filings, sometime after June 12. Which is what led ABJ to finally issue her order yesterday ordering that her March 13 order reviewing Downing’s behavior be released, the April 2 transcript be released in redacted form, and Attachment 6 — the texts released yesterday — be released with privacy redactions.

But ABJ did not release Attachment 7, the other set of texts (or some other kind of communication), because “Attachment 7 is covered by Federal Rule of Criminal Procedure Rule 6(e) and relates to ongoing matters, and therefore, it shall remain under seal.” That is, Attachment 6 — yesterday’s release — is neither covered by grand jury rules nor part of an ongoing matter. But Attachment 7 is.

Which raises questions about how the two sets of texts were obtained and what they show.

Manafort’s witness tampering probably retroactively disclosed his gag violation

It’s almost certain that the Manafort-Hannity texts weren’t discovered in real time. Had they been, it would have been Manafort’s second violation of his gag order, and a much more severe violation than his first (where he helped draft an op-ed defending himself that was published in Ukraine). Had the government found these in real time, it’s likely Manafort would have been jailed six months earlier than he ultimately was (as Manafort’s lifelong friend Roger Stone might be next week for second violation of ABJ’s gag order).

They probably, instead, were discovered as part of the government’s investigation into Manafort’s witness tampering last spring. The texts released yesterday span from July 14, 2017 to June 5, 2018. They appear to have been obtained via cell phone extraction of a phone owned by Manafort (note, too, that the time shown on the texts is UTC, not ET, something a lot of the commentary suggesting these are middle of the night chats gets wrong).

On May 25, 2018, just as ABJ was about to reconsider Manafort’s final attempt to show adequate liquid assets to get out of house arrest on bail, the government filed a sealed notice of the witness tampering Manafort and Kilimnik engaged in starting immediately after the Hapsburg project was first charged on February 23, 2018. That witness tampering was charged in a second superseding indictment obtained June 8, 2018. In a declaration submitted with the May 25 filing, FBI Agent Brock Domin noted that,

The government is actively investigating the evidence regarding Manafort and obstruction of justice while under home confinement, in violation of title 18, U.S.C. section 1512. I submit that there are pending investigative inquiries whose completion could be jeopardized by disclosure, and the outcome of which could be relevant to the Court’s determination regarding bail herein.

And prosecutors informed ABJ that,

During the next ten days, the government anticipates taking additional investigative steps pertinent to the investigation.

The cell phone extraction of these texts was likely one result of the pending investigative inquiries described on May 25.

One possible explanation for a cell phone extraction on June 5, 2018 is that, as a result of being informed by Manafort’s former consultants that Manafort and Kilimnik were trying to persuade them to lie, the government identified another cell phone Manafort was using and got a warrant to obtain that in advance of the June 8 superseding indictment. Indeed, among the very last texts are two where Manafort tries to convince Hannity that the witness tampering allegations — which he calls “jury tampering” — were bullshit.

Manafort may have thought they were bullshit (or, just as likely, was lying to Hannity about it). But they appear to have given the government probable cause to obtain a new copy of the contents of his phone, which would lead to the discovery of these texts, including abundant evidence that Manafort was violating his gag order, continually, from the time it was imposed.

To obtain these texts, the government likely obtained a new search warrant. But the other set of communications may have been obtained with some kind of grand jury process — perhaps a grand jury subpoena requiring that, in addition to testifying, a witness turn over all the texts he had with Manafort. That would be one reason why ABJ could not release that second set of texts (or whatever they are): if they were obtained through grand jury process, they would be (and are) protected by grand jury secrecy rules.

The Downing-Hannity outreach took place not long after Manafort learned he’d be facing tax charges

The Hannity-Manafort texts show that in the days before the latter was first indicted, the two had a plan to pre-empt the indictment with a media campaign. Because ABJ imposed a gag right away, that effort kept getting delayed, with Hannity asking for Manafort or his lawyer to go on his shows over and over, and with Manafort deferring first because of his gag order and his first violation of it (the publication in Ukraine of an op-ed defending him) and then by his ultimately futile efforts to get out of house arrest. On January 3, 2018, Manafort suggested that the filing of a civil complaint might give Downing a way around the gag order. On January 17, Manafort said he’d connect Downing with Greg Jarrett on background. On January 24, 2018, Manafort told Hannity he needed to brief him on something. So even before January 25, the texts make it clear that both Manafort and one of his lawyers were violating ABJ’s gag.

But in threatening a criminal contempt referral, ABJ pointed, “in particular, [to] the communications dated January 25, 2018, found on pages 26-27 of Attachment 6.” Those are the texts that make it clear — because Manafort referred to Downing ahead of time and discussed their call after the fact — that Downing was the Manafort lawyer who violated the gag.

On January 24, 2018, after telling Hannity he needed to brief him on something, Manafort confirmed that Downing would speak with Hannity the next day, on January 25 at 11:30 AM. The next morning, Manafort reminded Hannity again. Later that day, Manafort asked Hannity how the call went, and Hannity said that Downing needed to send him stuff every day.

Something happened that made Manafort willing to violate his gag order (and ask his lawyer to violate his gag) where beforehand he had some hesitation.

One of the things that likely happened is that, sometime in the days leading up to January 16, the government informed Manafort and Gates they were filing new (tax) charges within a month.

GREG ANDRES: We’ve notified both defendants of our intention to bring additional charges. Those charges — the venue for those charges don’t lie in this district. So we asked each of the defendants whether they would be willing to waive venue so that those charges could be brought before Your Honor and all of those issues be tried together. One defendant agreed to waive venue, the other defendant did not.

So our intention is to move forward in a separate district with those separate charges. We just wanted the Court to be aware of that. The government’s view is that shouldn’t prevent the Court from setting a trial date because those issues will all be before a different court in a different district and not before Your Honor. And again, we’re asking for a trial date so that we can get this case moving and scheduled. But we certainly wanted the Court to be aware of that additional fact.

THE COURT: All right. Do you have a sense of the timing of that?

MR. ANDRES: You know, there are different variables, but we’re hoping within the next 30 days to have that indictment returned.

Among the things Hannity and Manafort discussed later in the day after Hannity spoke with Downing were the new charges Manafort had learned about prior to the January 16 hearing.

Manafort may also have had a sense that Gates was considering flipping. After all, at some point in January, he and Gates discussed pardons, but Manafort was unable to promise Gates that he would get one.

In January 2018, Manafort told Gates that he had talked to the President’s personal counsel and they were “going to take care of us.”848 Manafort told Gates it was stupid to plead, saying that he had been in touch with the President’s personal counsel and repeating that they should ” sit tight” and “we’ll be taken care of.”849 Gates asked Manafort outright if anyone mentioned pardons and Manafort said no one used that word.850

In the days after Downing and Hannity first spoke — on January 29, 30, and 31, 2018 — Gates would have his first known proffer discussions with Mueller’s team, discussions that likely led to the Hapsburg charges filed the same day the new tax charges were filed.

When Gates flipped, a month later, Hannity asked Manafort if Gates had given him a heads up. Manafort never responded.

That suggests he may not have been honest with Hannity in real time about his risks.

Also of note, the first thing Hannity raised in the same conversation after he and Manafort spoke was Jared Kushner.

In other words, the Downing contact with Hannity happened at a time when Manafort had to have realized he was in much deeper shit than he was telling Hannity. He likely realize that the new charges — cut-and-dry tax charges — were far more likely than the untested FARA charges to land him in prison, where he would have to trust Trump to bail him out with a pardon.

What are the ongoing matters that prevent disclosure of the second set of texts?

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 sent of texts: some “ongoing matters” that require the communications remain secret.

It’s possible that she did refer Downing, as she threatened to do, for criminal contempt (!!!). [See update: she did not.] Except if that were the case, both sets of texts would pertain to an ongoing matter. It appears that Attachment 7 is more important to those ongoing matters than Attachment 6, which we got yesterday.

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.

ABJ’s timing

I’m particularly curious about ABJ’s persistent interest in releasing these Attachments and her timing. Here’s what the docket for the month of June looks like:

599 (June 6): Unrelated order on encumbered property

[June 6: first John Solomon report]

600: Sealed filing

601 (June 12): ABJ Order unsealing the April 2 hearing transcript

602: Manafort

603: Manafort

604: Sealed filing, with Sealed copy of Attachment 6

[June 19: second John Solomon report]

605 (June 21): Order releasing materials

606 (June 21): Docketed copy of Attachment 6

As noted in bold, there’s still two sealed filings, dockets #600 and #604 (though 604, which includes a sealed copy of Attachment 6, must relate to this issue). Some time since June 6 — perhaps not coincidentally the first of two John Solomon reports that appear to be based off Manafort discovery — Manafort finally responded to ABJ’s order on unsealing.

In other words, this publication of Downing’s contempt for ABJ’s gag order comes as some other reporting seems to align not just with the narrative that Manafort was pushing for the entirety of his chats with Hannity, but seems to rely on perspective that Manafort’s lawyers seem uniquely well suited to have.

But it also comes as ABJ prepares to deal with Manafort’s lifelong friend Roger Stone latest violation of her gag order, who seems to be showing similar signs of contempt for Judge Jackson.

Update: While it’s almost certainly a coincidence, the Manafort outreach to Hannity happened just days before, on January 27, someone impersonating Hannity got Julian Assange to respond to her DM and direct her to a different communications channel. Assange was dealing Hannity information on Mark Warner (probably about his discussions with Adam Waldman).

Also, CNN (which appears to have paid for the newly unredacted transcript, which will otherwise become available July 2) notes that ABJ decided not to do anything with the texts unless prosecutors showed more of a pattern.

The texts were released along with the transcript of an April hearing where Judge Amy Berman Jackson was considering whether Manafort or his attorney Kevin Downing had violated a gag order through the communications.

Jackson decided to have the lawyers involved in the case determine what, “if any,” portions of the texts and hearing transcript should be publicly released once “some portion of the Mueller Report becomes publicly available.”

In the transcript of the April 2 hearing, Jackson says she is unlikely to do anything more with the texts.

“And absent further information from the government that there were more communications, I’m unlikely to do anything beyond today,” she said.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Paul Manafort Seemed Certain Mueller Would Indict Jared Kushner

Amy Berman Jackson just released texts that she used to consider sanctioning Manafort lawyer Kevin Downing for violating her gag order by speaking with Sean Hannity. They include almost a year of remarkably friendly texts between Hannity and Manafort.

There’s a whole lot to unpack in these texts, starting with how certain Manafort was that Mueller would prosecute Jared Kushner. he first raises it shortly after he got raided in summer 2017, just before he complains that “Russia is history now that they have the spec counsel.”

Then Hannity raised it in January 2018, not long before a story revealed that Trump was telling people Manafort could incriminate him.

In March, Hannity asked Manafort why he didn’t get a plea deal like Gates got. Manafort said prosecutors would expect him to give up Kushner, though claimed Kushner hadn’t done anything wrong.

After the search on Michael Cohen, Hannity said it was war. Manafort predicted Mueller would get Jared.

All this happened months before Manafort accepted a plea deal. As part of that, he agreed to cooperate in another DOJ investigation about an effort in August 2016 to save the Trump campaign. As soon as he got the plea deal, however, he changed his story to match the one being told by the target of that other investigation.

Effectively, Manafort was asked some questions in a proffer session before his plea on September 13, in response to which he offered information that implicated someone with a 7-character name. [These dates are in the government’s January 15 filing at 23.] Then, in a debriefing on October 5, he changed his story to make it less incriminating — and to match the story the subject of the investigation was telling to the FBI at the time (last fall). When pressed by his lawyers, Manafort mostly changed his story back to what it had been. But the head fake made Manafort useless as a witness against this person.

Judge Amy Berman Jackson summed up this change this way:

The allegation is that the defendant offered a version of events that downplayed [redacted; “the President’s” or “the Candidate”s might fit] role and/or his knowledge. Specifically, his knowledge of any prior involvement of the [16-17 character redaction] that was inconsistent with and less incriminating of [7 character redaction] than what he had already said during the proffer stage and now consistent with what Mr. [7 character redaction] himself was telling the FBI.

This investigation pertains to events that happened “prior to [Manafort] leaving the campaign (on August 19).” [January 15 filing at 26]

As Andrew Weissman described in the breach hearing, Manafort’s version of the story first came when prosecutors, “were asking questions about an e-mail that Mr. [5 character name] had written about a potential way of saving the candidate. That’s sort of paraphrasing it. And this was a way of explaining, or explaining away that e-mail.” In the Janaury 15 filing, this conversation arises to explain “a series of text messages.” [See 25]

Weissmann describes that the revised story Manafort told was, “quite dramatically different. This is not I forgot something or I need to augment some details of a basic core set of facts.” Manafort’s original story involved Mr. [7 character redaction] providing information about a [redacted] who was doing something. Manafort appears to have made a representation about what Mr. [7 character name] believed about that (likely important to proving intent).

But in the second session, Manafort appears to have shifted the blame, implicating Mr. [5 character name] whom, “Mr. Manafort had previously said, I did not want to be involved in this at all,” but leaving out what Mr. [7 character name] had said. Manafort’s testimony effectively left out that when Mr. [5 character name] had called previously, Manafort had said, “I’m on it, don’t get involved.”

It appears that Manafort had something very specific in mind in which he could implicate Jared.

Update: On second read, it’s clear why ABJ released these: it has taken that much time to get the two parties to weigh in. First, the government weighed sometime before May 17. It took until sometime this month for Manafort’s team to respond to ABJ’s order to decide whether it can be released. Which is why it is only now being released. Note that there’s a second set of communications that she has withheld, as it is grand jury material related to an ongoing matter.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Manafort Told Hannity Gates Was in for the Long Haul after Discussing Pardons with Him

As you’ve likely heard, Amy Berman Jackson just released almost a year of texts between Sean Hannity and Paul Manafort, which I’m sure will end up in a series of posts.

In one exchange, Hannity asked Manafort why Rick Gates was hiring a new lawyer. Manafort promised Hannity that Gates was “totalky united with trump and m.”

Days later, of course, Gates would sign a plea deal.

These texts take place against the background of a conversation Manafort had a month earlier in which he told Gates that Trump would take care of them.

In January 2018, Manafort told Gates that he had talked to the President’s personal counsel and they were “going to take care of us.”848 Mana fort told Gates it was stupid to plead, saying that he had been in touch with the President’s personal counsel and repeating that they should ” sit tight” and “we’ll be taken care of.”849 Gates asked Manafort outright if anyone mentioned pardons and Manafort said no one used that word.850

That is, Manafort was likely certain that Gates wouldn’t flip because he had implied that he would get a pardon.

Rick Gates’ first proffers in Mueller Report took place on January 29, 30, 31, and continued into early February.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Why Did Mueller Include the June 9 Meeting Statement in His Obstruction Case?

I’ve got a bunch more posts on the Mueller Report I’m going to eventually write; I’ve still got a slew of theories and observations to share. But there’s one topic I just have guesses on, one I’d love to have more people weigh in on.

Why did Mueller’s team include Donald Trump’s statement on the June 9 meeting — which is described not as a false statement, but an effort to prevent the disclosure of Don Jr’s emails setting up the meeting — in his obstruction analysis?

The obstruction analysis on the June 9 meeting shows it’s not itself obstruction

As a number of reviews of the Mueller Report obstruction analysis show, the June 9 meeting cover-up is the one obstructive act where the report concludes the evidence did not establish it as an act of obstruction for all three factors:

As the obstruction analysis lays out, Trump talked hopefully about ensuring the emails didn’t get out, but there’s no evidence he took action, beyond lying publicly, to suppress them.

Each of these efforts by the President involved his communications team and was directed at the press. They would amount to obstructive acts only if the President, by taking these actions, sought to withhold information from or mislead congressional investigators or the Special Counsel. On May 17, 2017, the President’s campaign received a document request from SSCI that clearly covered the June 9 meeting and underlying emails, and those documents also plainly would have been relevant to the Special Counsel’s investigation.

But the evidence does not establish that the President took steps to prevent the emails or other information about the June 9 meeting from being provided to Congress or the Special Counsel. The series of discussions in which the President sought to limit access to the emails and prevent their public release occurred in the context of developing a press strategy.

It then repeats that analysis by showing that while withholding the emails might amount to obstruction, he did not withhold emails.

As noted above, the evidence does not establish that the President sought to prevent disclosure of the emails in those official proceedings.

Then, in the intent section, it shows Trump’s central role in crafting the adoptions statement, while again concluding that the statement doesn’t amount to withholding the email.

The evidence establishes the President’s substantial involvement in the communications strategy related to information about his campaign’s connections to Russia and his desire to minimize public disclosures about those connections. The President became aware of the emails no later than June 29, 2017, when he discussed them with Hicks and Kushner, and he could have been aware of them as early as June 2, 2017, when lawyers for the Trump Organization began interviewing witnesses who participated in the June 9 meeting. The President thereafter repeatedly rejected the advice of Hicks and other staffers to publicly release information about the June 9 meeting. The President expressed concern that multiple people had access to the emails and instructed Hicks that only one lawyer should deal with the matter. And the President dictated a statement to be released by Trump Jr. in response to the first press accounts of the June 9 meeting that said the meeting was about adoption.

But as described above, the evidence does not establish that the President intended to prevent the Special Counsel’s Office or Congress from obtaining the emails setting up the June 9 meeting or other information about that meeting.

Curiously, this analysis of intent doesn’t talk about why Trump may have wanted to hide the truth about the June 9 meeting, even though elsewhere the report suggests that, overall, one motive for Trump obstructing the investigation might be because he thought the June 9 meeting would be found to be criminal.

So Mueller spent over eight pages laying out whether Trump’s role in crafting a deceitful statement about the June 9 meeting was obstruction of justice when, according to the report’s analysis of obstruction of justice, it was not even a close call.

So why — in a report that might better be understood as an impeachment referral — did they include that?

Trump’s statement on the June 9 meeting as evidence of corrupt intent for other obstructive acts

I’ve commented elsewhere that one of the posts I’ll eventually do is a narratological analysis of the report. I said that, in part, for the way the report intersperses several acts of potential Trump obstruction that all happened during the same time period in summer 2017. While the report only mentions this in passing, Trump’s lies about the June 9 meeting occur during the same time frame as three other potential obstructive acts that the report shows do amount to obstruction: the effort to get Don McGahn to get Rod Rosenstein to fire Mueller, the request that Corey Lewandowski (!!) fire Jeff Sessions, and the effort to get Sessions to unrecuse.

And, as noted, the June 9 meeting is one of three things — along with the Trump Tower Moscow deal and Trump’s push to have Roger Stone optimize the release of the stolen emails — that the report posits might be the underlying facts Trump was attempting to hide with his other obstruction (note that the report never focuses on Mike Flynn’s discussion on sanctions, which I’ll return to in a later post).

Which suggests Trump’s involvement in the June 9 statement is there not for those actions themselves, but for the way his actions prove corrupt intent for other obstructive actions.

A story describing Trump’s unique actions that nevertheless leaves out the biggest detail

Still, the specific story the report tells is damning. It includes details that suggest this was a unique event, with Trump trying to retain plausible deniability even though several witnesses say he knew about the meeting, and describing Trump preferring to break his cardinal sin, remaining silent on a story. But note that the story leaves out one of the most important details: Vladimir Putin’s interactions with the President during the day Trump wrote his deceitful statement.

Here’s the story, as told in the obstruction section.

Trump claims he didn’t know about the meeting ahead of time, contrary to what several witnesses said.

According to written answers submitted by the President in response to questions from this Office, the President had no recollection of learning of the meeting or the emails setting it up at the time the meeting occurred or at any other time before the election 668

The Chief of Staff learns about the meeting from Sean Hannity, which is just crazy train.

[Reince] Priebus recalled learning about the June 9 meeting from Fox News host Sean Hannity in late June 2017.672

Trump tells Jared not to share details of the meeting with him, according to Hope Hicks.

According to Hicks, Kushner said that he wanted to fill the President in on something that had been discovered in the documents he was to provide to the congressional committees involving a meeting with him, Manafort, and Trump Jr.678 Kushner brought a folder of documents to the meeting and tried to show them to the President, but the President stopped Kushner and said he did not want to know about it, shutting the conversation down.’

[snip]

On June 28, 2017, Hicks viewed the emails at Kushner’s attorney’s office 68° She recalled being shocked by the emails because they looked “really bad.”68′ The next day, Hicks spoke privately with the President to mention her concern about the emails, which she understood were soon going to be shared with Congress.682 The President seemed upset because too many people knew about the emails and he told Hicks that just one lawyer should deal with the matter.”‘ The President indicated that he did not think the emails would leak, but said they would leak if everyone had access to them.684

Later that day, Hicks, Kushner, and Ivanka Trump went together to talk to the President.685 Hicks recalled that Kushner told the President the June 9 meeting was not a big deal and was about Russian adoption, but that emails existed setting up the meeting.686 Hicks said she wanted to get in front of the story and have Trump Jr. release the emails as part of an interview with “softball questions.”687 The President said he did not want to know about it and they should not go to the press 688 Hicks warned the President that the emails were “really bad” and the story would be “massive” when it broke, but the President was insistent that he did not want to talk about it and said he did not want details!'” Hicks recalled that the President asked Kushner when his document production was due.699 Kushner responded that it would be a couple of weeks and the President said, “then leave it alone.”‘ Hicks also recalled that the President said Kushner’s attorney should give the emails to whomever he needed to give them to, but the President did not think they would be leaked to the press.692 Raffel later heard from Hicks that the President had directed the group not to be proactive in disclosing the emails because the President believed they would not leak.693

But Jared claims that didn’t happen. This narrative is largely sourced to interviews with Hope Hicks. Even in his second interview, Jared said it didn’t happen this way.

Hicks 12/7/17 302, at 7; Hicks 3/13/18 302, at I. Counsel for Ivanka Trump provided an attorney proffer that is consistent with Hicks’s account and with the other events involving Ivanka Trump set forth in this section of the report. Kushner said that he did not recall talking to the President at this time about the June 9 meeting or the underlying emails. Kushner 4/11/18 302, at 30.

Hicks is confused about why Trump wants to commit his ultimate sin.

On July 7, 2017, while the President was overseas, Hicks and Raffel learned that the New York Times was working on a story about the June 9 meeting.695 The next day, Hicks told the President about the story and he directed her not to comment.696 Hicks thought the President’s reaction was odd because he usually considered not responding to the press to be the ultimate sin.697 Later that day, Hicks and the President again spoke about the story.698 Hicks recalled that the President asked her what the meeting had been about, and she said that she had been told the meeting was about Russian adoption.699 The President responded, “then just say that.”706

The Report neglects to mention the Putin meeting where he and Trump talked about the subject of the statement.

[see this post]

Trump edits Jr’s statement because it admits they were offered dirt and discussed sanctions relief, defaulting on Putinesque spin.

On the flight home from the G20 on July 8, 2017, Hicks obtained a draft statement about the meeting to be released by Trump Jr. and brought it to the President.701 The draft statement began with a reference to the information that was offered by the Russians in setting up the meeting: “I was asked to have a meeting by an acquaintance I knew from the 2013 Miss Universe pageant with an individual who I was told might have information helpful to the campaign.”702 Hicks again wanted to disclose the entire story, but the President directed that the statement not be issued because it said too much.703 The President told Hicks to say only that Trump Jr. took a brief meeting and it was about Russian adoption.704 After speaking with the President, Hicks texted Trump Jr. a revised statement on the June 9 meeting that read:

It was a short meeting. I asked Jared and Paul to stop by. We discussed a program about the adoption of Russian children that was active and popular with American families years ago and was since ended by the Russian government, but it was not a campaign issue at that time and there was no follow up. 705

Hicks’s text concluded, “Are you ok with this? Attributed to you.”706 Trump Jr. responded by text message that he wanted to add the word “primarily” before “discussed” so that the statement would read, “We primarily discussed a program about the adoption of Russian children.”707 Trump Jr. texted that he wanted the change because “[t]hey started with some Hillary thing which was bs and some other nonsense which we shot down fast. “708 Hicks texted back, “I think that’s right too but boss man worried it invites a lot of questions[.) [U]ltimately [d]efer to you and [your attorney] on that word Be I know it’s important and I think the mention of a campaign issue adds something to it in case we have to go further.” 709 Trump Jr. responded, “lfl don’t have it in there it appears as though I’m lying later when they inevitably leak something.” 710

Hope Hicks channels the President hoping the damning emails would never leak.

Corallo told the President the statement had been authorized and further observed that Trump Jr. ‘s statement was inaccurate and that a document existed that would contradict it.722 Corallo said that he purposely used the term “document” to refer to the emails setting up the June 9 meeting because he did not know what the President knew about the emails.723 Corallo recalled that when he referred to the “document” on the call with the President, Hicks responded that only a few people had access to it and said “it will never get out.”724 Corallo took contemporaneous notes of the call that say: “Also mention existence of doc. Hope says ‘ only a few people have it. It will never get out.”‘725 Hicks later told investigators that she had no memory of making that comment and had always believed the emails would eventually be leaked, but she might have been channeling the President on the phone call because it was clear to her throughout her conversations with the President that he did not think the emaiis would leak.726

Trump’s flunkies deny that the guy who met Vladimir Putin twice during the drafting of the statement wrote the statement.

Over the next several days, the President’s personal counsel repeatedly and inaccurately denied that the President played any role in drafting Trump Jr. ‘s statement.729 After consulting with the President on the issue, White House Press Secretary Sarah Sanders told the media that the President “certainly didn’t dictate” the statement, but that “he weighed in, offered suggestions like any father would do.”730

The Report again neglects to mention the Putin meeting where he and Trump spoke about the subject of the statement.

On July 19, 2017, the President had his follow-up meeting with Lewandowski and then met with reporters for the New York Times. In addition to criticizing Sessions in his Times interview, the President addressed the June 9, 2016 meeting and said he “didn’t know anything about the meeting” at the time.734 The President added, “As I’ve said-most other people, you know, when they call up and say, ‘By the way, we have information on your opponent,’ I think most politicians – I was just with a lot of people, they said … , ‘Who wouldn’ t have taken a meeting like that?”‘735

[see this post]

Providing the framework for the Putin involvement

As I’ve said, I think it remarkable — though perhaps explicable on constitutional grounds — that the report does not mention Putin’s role in all of this, and Trump’s bizarre behavior at the G20 (where he had Ivanka sit in on a meeting while he worked on the statement) more generally. Trump’s interactions with Putin — and his efforts to keep them secret even from staffers — is the subject of other congressional investigation. Which is why this passage from the beginning of the obstruction section sticks out.

Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.

As noted, I think Mueller included the June 9 meeting statement not because it, by itself, amounts to obstruction, but because the evidence laid out — plus evidence available publicly or via separate congressional investigation — provides an important motivational explanation for the rest of it. Trump made three separate attempts to gut the Mueller investigation in this period, all at a time he was acting unusually (for him) in his efforts to bury the June 9 meeting.

This is the lie he was telling while using his office to try to stop the investigation. Or rather, this is the lie he and Vladimir Putin were telling.

EMPTYWHEEL’S MUELLER REPORT COVERAGE

Two Exceptions to Trump’s “Do Not Recall” Responses: A Limited Answer on an Assange Pardon and a Non-Answer on Sanctions Relief

The Significance of Trump’s Obstruction of Investigation of His Family’s Campaign Finance Crimes, Plural

How “Collusion” Appears in the Mueller Report

Putin’s Ghost: The Counterintelligence Calculus Not Included in the Obstruction Analysis

Working Twitter Threads on the Mueller Report

The Trump Men and the Grand Jury Redactions

Mueller’s Language about “Collusion,” Coordination, and Conspiracy

The Many Lies and Prevarications of Bill Barr

Giorgi Rtslchiladze’s Honor Has Been Sullied because He Can’t Decide Whether He Knows the Tapes He Suppressed Exist or Not

Why Did Mueller Include the June 9 Meeting Statement in His Obstruction Case?

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

The Year Long Trump Flunky Effort to Free Julian Assange

The NYT has an unbelievable story about how Paul Manafort went to Ecuador to try to get Julian Assange turned over. I say it’s unbelievable because it is 28 paragraphs long, yet it never once explains whether Assange would be turned over to the US for prosecution or for a golf retirement. Instead, the story stops short multiple times of what it implies: that Manafort was there as part of paying off Trump’s part of a deal, but the effort stopped as soon as Mueller was appointed.

Within a couple of days of Mr. Manafort’s final meeting in Quito, Robert S. Mueller III was appointed as the special counsel to investigate Russian interference in the 2016 election and related matters, and it quickly became clear that Mr. Manafort was a primary target. His talks with Ecuador ended without any deals.

The story itself — which given that it stopped once Mueller was appointed must be a limited hangout revealing that Manafort tried to free Assange, complete with participation from the spox that Manafort unbelievably continues to employ from his bankrupt jail cell — doesn’t surprise me at all.

After all, the people involved in the election conspiracy made multiple efforts to free Assange.

WikiLeaks kicked off the effort at least by December, when they sent a DM to Don Jr suggesting Trump should make him Australian Ambassador to the US.

Hi Don. Hope you’re doing well! In relation to Mr. Assange: Obama/Clinton placed pressure on Sweden, UK and Australia (his home country) to illicitly go after Mr. Assange. It would be real easy and helpful for your dad to suggest that Australia appoint Assange ambassador to DC “That’s a really smart tough guy and the most famous australian you have! ” or something similar. They won’t do it, but it will send the right signals to Australia, UK + Sweden to start following the law and stop bending it to ingratiate themselves with the Clintons. 12/16/16 12:38PM

Weeks later, Hannity would go to the Embassy to interview Assange. Assange fed him the alternate view of how he obtained the DNC emails, a story that would be critical to Trump’s success at putting the election year heist behind him, if it were successful. Trump and Hannity pushed the line that the hackers were not GRU, but some 400 pound guy in someone’s basement.

Then the effort actually shifted to Democrats and DOJ. Starting in February through May 2017, Oleg Deripaska and Julian Assange broker Adam Waldman tried to convince Bruce Ohr or Mark Warner to bring Assange to the US, using the threat of the Vault 7 files as leverage. In February, Jim Comey told DOJ to halt that effort. But Waldman continued negotiations, offering to throw testimony from Deripaska in as well. He even used testimony from Christopher Steele as leverage.

This effort has been consistently spun by the Mark Meadows/Devin Nunes/Jim Jordan crowd — feeding right wing propagandists like John Solomon — as an attempt to obstruct a beneficial counterintelligence discussion. It’s a testament to the extent to which GOP “investigations” have been an effort to spin an attempt to coerce freedom for Assange.

Shortly after this effort failed, Manafort picked it up, as laid out by the NYT. That continued until Mueller got hired.

There may have been a break (or maybe I’m missing the next step). But by the summer, Dana Rohrabacher and Chuck Johnson got in the act, with Rohrabacher going to the Embassy to learn the alternate story, which he offered to share with Trump.

Next up was Bill Binney, whom Trump started pushing Mike Pompeo to meet with, to hear Binney’s alternative story.

At around the same time, WikiLeaks released the single Vault 8 file they would release, followed shortly by Assange publicly re-upping his offer to set up a whistleblower hotel in DC.

Those events contributed to a crackdown on Assange and may have led to the jailing of accused Vault 7 source Joshua Schulte.

In December, Ecuador and Russia started working on a plan to sneak Assange out of the Embassy.

A few weeks later, Roger Stone got into the act, telling Randy Credico he was close to winning Assange a pardon.

These efforts have all fizzled, and I suspect as Mueller put together more information on Trump’s conspiracy with Russia, not only did the hopes of telling an alternative theory fade, but so did the possibility that a Trump pardon for Assange would look like anything other than a payoff for help getting elected. In June, the government finally got around to charging Schulte for Vault 7. But during the entire time he was in jail, he was apparently still attempting to leak information, which the government therefore obtained on video.

Ecuador’s increasing crackdown on Assange has paralleled the Schulte prosecution, with new restrictions, perhaps designed to provide the excuse to boot Assange from the Embassy, going into effect on December 1.

Don’t get me wrong: if I were Assange I’d use any means I could to obtain safe passage.

Indeed, this series of negotiations — and the players involved — may be far, far more damning for those close to Trump. Sean Hannity, Oleg Deripaska, Paul Manafort, Chuck Johnson, Dana Rohrabacher, Roger Stone, and Don Jr, may all worked to find a way to free Assange, all in the wake of Assange playing a key role in getting Trump elected. And they were conducting these negotiations even as WikiLeaks was burning the CIA’s hacking tools.

It’s Not Hannity’s Pee Tape that Matters

Late afternoon on Sunday, Margaret Sullivan wrote a column arguing that Donald Trump might survive his own Saturday Night Massacre of firing Rod Rosenstein or Robert Mueller. The reason Trump might survive where Nixon didn’t, she argues, is Sean Hannity.

Nixon didn’t have Fox News in his corner.

President Trump does — and that might make all the difference if he were to fire Deputy Attorney General Rod J. Rosenstein or even special counsel Robert S. Mueller III.

The pro-Trump media, led by Fox, would give cover, and huge swaths of Americans would be encouraged to believe that the action was not only justified but absolutely necessary.

You can see it coming.

Night after night — for many months — Trump’s sycophant-in-chief, Sean Hannity, has been softening the ground. And his message is sinking in.

In a recent Reuters/Ipsos poll, three of four Republicans said they believed the Justice Department and the FBI are actively working to undermine Trump.

“Hannity has been poisoning the well for Mueller’s ‘deeply corrupt’ investigation and laying the groundwork to support the president if he seeks an authoritarian recourse,” wrote Matthew Gertz, of the progressive watchdog group Media Matters for America. That was back in October.

Six months, five convictions and more than a dozen indictments later, that poison has done its job.

Less than 24 hours later, Michael Cohen’s lawyer revealed the name of the third client to whom Cohen claimed to have provided legal advice he wanted to protect under attorney-client privilege, a person who — Cohen had claimed in a brief Sunday, hadn’t wanted his name disclosed. “The client’s name that is involved is Sean Hannity.

In response to the ensuing uproar over learning he was the hidden Client 3, Hannity offered a series of contradictory statements, presumably designed to tamp down any speculation that Cohen had negotiated a hush payment for the star, but which only served to make Cohen’s legal claims more specious.

Michael Cohen has never represented me in any matter. I never retained him, received an invoice, or paid legal fees. I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective.

I assumed those conversations were confidential, but to be absolutely clear they never involved any matter between me and a third-party.

In response to some wild speculation, let me make clear that I did not ask Michael Cohen to bring this proceeding on my behalf, I have no personal interest in this proceeding, and, in fact, asked that my de minimis discussions with Michael Cohen, which dealt almost exclusively about real estate, not be made a part of this proceeding.

As I joked, Hannity said he had eight lawyers. I wonder which three different lawyers wrote these statements, and whether one of them was the other lawyer he shares with Donald Trump, Jay Sekulow.

So Cohen advised Hannity “almost exclusively about real estate,” which in this crowd sometimes means money laundering, and not about buying off Playboy bunnies.

But what are the other conversations about?

Hannity has played even more of a role in protecting Trump than Sullivan makes out. It’s not just that he fed the uproar over Trump’s lawyer being raided. But he did an interview with Julian Assange in January 2017 that helped seed the narrative that Russia didn’t hand the DNC files to Wikileaks. More grotesquely, Hannity fed the conspiracy theories about Seth Rich (I hope the multiple entities that are suing Hannity over that will demand discovery on any claimed privileged conversations about the topic with Trump’s lawyer).

Sure, the matters on which Cohen purportedly gave legal advice to Hannity might be about buying a condo.

But given the effort Cohen made to protect those conversations from the eyes of the FBI, they also might involve coordination on some of the more insidious pushback on the Russian story.

The Timing of Mark Warner’s PseudoScandal Texts

By now, you’ve heard about Fox News’ scoop that Mark Warner made efforts last year to obtain testimony from two key figures in the Senate Intelligence Committee investigation into Russia’s involvement in the 2016 election via DC fixer Adam Waldman: Christopher Steele and Oleg Deripaska. (In my opinion, the news buried at the bottom of the story that Deripaska agreed to provide testimony if he could get immunity, but did not get it, is far more interesting than the rest of this, but I’m not a Fox News editor.)

“We have so much to discuss u need to be careful but we can help our country,” Warner texted the lobbyist, Adam Waldman, on March 22, 2017.

“I’m in,” Waldman, whose firm has ties to Hillary Clinton, texted back to Warner.

The story also includes this paragraph, which also has gotten less attention.

Warner began texting with Waldman in February 2017 about the possibility of helping to broker a deal with the Justice Department to get the WikiLeaks founder Julian Assange to the United States to potentially face criminal charges. That went nowhere, though a Warner aide told Fox News that the senator shared his previously undisclosed private conversations about WikiLeaks with the FBI.

Interestingly, the Fox story relies on texts that Warner and Richard Burr jointly requested in June (targeting Waldman’s phone, not Warner’s, apparently), and then turned over to the committee in October. I look forward to seeing how the notoriously anti-leak Burr deals with the apparent leak of committee sensitive materials to the right wing press.

Even while the story links to texts from SSCI, it comes a week after a woman duped the famously paranoid Julian Assange into exchanging texts with her fake Sean Hannity account promising news on Mark Warner.

[Dell] Gilliam, a technical writer from Texas, was bored with the flu when she created @SeanHannity__ early Saturday morning. The Fox News host’s real account was temporarily deleted after cryptically tweeting the phrase “Form Submission 1649 | #Hannity” on Friday night. Twitter said the account had been “briefly compromised,” according to a statement provided to The Daily Beast, and was back up on Sunday morning.

[snip]

Just minutes after @SeanHannity disappeared, several accounts quickly sprung up posing as the real Hannity, shouting from Twitter exile. None were as successful as Gilliam’s @SeanHannity__ account, which has since amassed over 24,000 followers.

Gilliam then used her newfound prominence to direct message Assange as Hannity within hours.

“I can’t believe this is happening. I mean… I can. It’s crazy. Nothing can be put past people,” Gilliam, posing as Hannity, wrote to Assange. “I’m exhausted from the whole night. What about you, though? You doing ok?”

“I’m happy as long as there is a fight!” Assange responded.

Gilliam reassured Assange that she, or Hannity, was also “definitely up for a fight” and set up a call for 9:30 a.m. Eastern, about six hours later.

“You can send me messages on other channels,” said Assange, the second reference to “other channels” he made since their conversation began.

“Have some news about Warner.”

With that in mind, I want to look at the timing of some security issues last year.

While the texts turned over to Congress date to February 14, the conversation pertaining to Steele started around March 22. That puts it not long after news of a massive hack involving T-Mobile, first reported March 16.

An unusual amount of highly suspicious cellphone activity in the Washington, D.C., region is fueling concerns that a rogue entity is surveying the communications of numerous individuals, likely including U.S. government officials and foreign diplomats, according to documents viewed by the Washington Free Beacon and conversations with security insiders.

A large spike in suspicious activity on a major U.S. cellular carrier has raised red flags in the Department of Homeland Security and prompted concerns that cellphones in the region are being tracked. Such activity could allow pernicious actors to clone devices and other mobile equipment used by civilians and government insiders, according to information obtained by the Free Beacon.

It remains unclear who is behind the attacks, but the sophistication and amount of time indicates it could be a foreign nation, sources said.

I would hope to hell that former cell company mogul and current Ranking Member on the Senate Intelligence Committee running an important counterintelligence investigation Mark Warner would be aware of the security problems with mobile phones. But what do I know? [Update: Not much. Looking more closely it looks like he was using Signal.] In the last several months we’ve learned that FBI’s investigators discuss the even more sensitive aspects of the more important side of counterintelligence investigation on SMS texts on their Samsung cell phones.

¯\_(ツ)_/¯

But who knows what Waldman (who apparently chats a lot with spies, mobbed up Russian oligarchs, and — as Mike Pompeo deemed Wikileaks — non-state hostile intelligence services) knows about cell phone security?

In any case, the day before that was reported publicly, Ron Wyden and Ted Lieu sent a letter to John Kelly (who, as a reminder, in spite of or because he ran DHS for a while, had his own cell phone compromised), stating in part,

We are also concerned that the government has not adequately considered the counterintelligence threat posed by SS7-enabled surveillance.

[snip]

What resources has DHS allocated to identifying and addressing SS7-related threats? Are these resources sufficient to protect U.S. government officials and the private sector.

If the government started considering such issues in March, they might have gotten around to discovering what kinds of problems were created by the T-Mobile hack in June, when Warner and Burr moved to get the texts for SSCI.

In any case, at around that point in time, APT 28 (one of the entities blamed for hacking the DNC the previous year) started a phishing campaign targeting the Senate’s email server.

Beginning in June 2017, phishing sites were set up mimicking the ADFS (Active Directory Federation Services) of the U.S. Senate. By looking at the digital fingerprints of these phishing sites and comparing them with a large data set that spans almost five years, we can uniquely relate them to a couple of Pawn Storm incidents in 2016 and 2017. The real ADFS server of the U.S. Senate is not reachable on the open internet, however phishing of users’ credentials on an ADFS server that is behind a firewall still makes sense. In case an actor already has a foothold in an organization after compromising one user account, credential phishing could help him get closer to high profile users of interest.

Reporting at the time suggested this was an effort in advance of the 2018 election (which aside from minimizing the damage Russia might do in the interim, ignores the fact that staffers are ostensibly prohibited from using Senate resources for election related activities). But it always seemed to me it would more profitably target policy.

Or, maybe the only reasonable work Congress is doing to investigate the Russians?

Whether there’s a connection between these two compromises last year or not, and Julian Assange, and this Mark Warner story, it’s clear that DC remains ill-prepared to address the counterintelligence problems they’re faced with.

The Nameless Non-Agents Arranging Rohrabacher’s Trump Meeting

Sean Hannnity, who himself met with Julian Assange early this year, then went on to champion the Seth Rich hoax, had Dana Rohrabacher on to push Rohrabacher’s efforts to broker a pardon for Assange in exchange for an alternative source for Wikileaks. When asked if he had a specific message for the president, Rohrabacher dodged, saying only, “We discussed what I would tell the president.”

But the funniest dodge came when Hannity asked Rohrabacher about meeting with the president. The congressman answered,

It is my understanding from other parties who are trying to arrange the rendezvous that a rendezvous with myself and the President is being arranged for me to give him the firsthand information from [Assange]

Not only do these other parties not have names, but ultimately, this meeting “is being arranged” like a loveless marriage.

You’d almost think Rohrabacher recognizes the legal problems here.

One wonders whether those nameless non-agents do?

Dana Rohrabacher Brokering Deal for Man Publishing a CIA Exploit Every Week

Yesterday, right wing hack Charles Johnson brokered a three hour meeting between Dana Rohrabacher and Julian Assange. At the meeting, Assange apparently explained his proof that Russia was not behind the hack of the DNC. In a statement, Rohrabacher promises to deliver what he learned directly to President Trump.

Wikileaks founder Julian Assange on Wednesday told Rep. Dana Rohrabacher that Russia was not behind leaks of emails during last year’s presidential election campaign that damaged Hillary Clinton’s candidacy and exposed the inner workings of the Democratic National Committee.

The California congressman spent some three hours with the Australian-born fugitive, now living under the protection of the Ecuadorian embassy in the British capital.

Assange’s claim contradicts the widely accepted assessment of the U.S. intelligence community that the thousands of leaked emails, which indicated the Democratic National Committee rigged the nomination process against Sen. Bernie Sanders in favor of Clinton, were the result of hacking by the Russian government or persons connected to the Kremlin.

Assange, said Rohrabacher, “emphatically stated that the Russians were not involved in the hacking or disclosure of those emails.” Rohrabacher, who chairs the House Foreign Affairs Subcommittee on Europe, Eurasia, and Emerging Threats, is the only U.S. congressman to have visited the controversial figure.

The conversation ranged over many topics, said Rohrabacher, including the status of Wikileaks, which Assange maintains is vital to keeping Americans informed on matters hidden by their traditional media. The congressman plans to divulge more of what he found directly to President Trump.

I’m utterly fascinated that Assange has taken this step, and by the timing of it.

It comes not long after Rod Wheeler’s lawsuit alleging that Fox News and the White House worked together to invent a story that murdered DNC staffer Seth Rich was in contact with WikiLeaks. Both that story and this one have been promoted aggressively by Sean Hannity.

It comes in the wake of the VIPS letter that — as I’ve begun to show — in no way proves what it claims to prove about the DNC hack.

It comes just after a very long profile by the New Yorker’s Raffi Khatchadourian, who has previously written more sympathetic pieces about Assange. I have a few quibbles with the logic behind a few of the arguments Khatchadourian makes, but he makes a case — doing analysis on what documents got released where that no one else has yet publicly done (and about which numerous people have made erroneous claims in the past) — that Assange’s claims he wasn’t working with Russia no longer hold up.

But his protestations that there were no connections between his publications and Russia were untenable.

[snip]

Whatever one thinks of Assange’s election disclosures, accepting his contention that they shared no ties with the two Russian fronts requires willful blindness. Guccifer 2.0’s handlers predicted the WikiLeaks D.N.C. release. They demonstrated inside knowledge that Assange was struggling to get it out on time. And they proved, incontrovertibly, that they had privileged access to D.N.C. documents that appeared nowhere else publicly, other than in WikiLeaks publications. The twenty thousand or so D.N.C. e-mails that WikiLeaks published were extracted from ten compromised e-mail accounts, and all but one of the people who used those accounts worked in just two departments: finance and strategic communications. (The single exception belonged to a researcher who worked extensively with communications.) All the D.N.C. documents that Guccifer 2.0 released appeared to come from those same two departments.

The Podesta e-mails only make the connections between WikiLeaks and Russia appear stronger. Nearly half of the first forty documents that Guccifer 2.0 published can be found as attachments among the Podesta e-mails that WikiLeaks later published.

The Assange-Rohrabacher meeting also follows a NYT story revealing that the author of a piece of malware named in the IC’s first Joint Analysis Report of the DNC hack, Profexor, has been cooperating with the FBI. The derivative reports on this have overstated the connection Profexor might have to the DNC hack (as opposed to APT 28, presumed to be associated with Russia’s military intelligence GRU).

A member of Ukraine’s Parliament with close ties to the security services, Anton Gerashchenko, said that the interaction was online or by phone and that the Ukrainian programmer had been paid to write customized malware without knowing its purpose, only later learning it was used in Russian hacking.

Mr. Gerashchenko described the author only in broad strokes, to protect his safety, as a young man from a provincial Ukrainian city. He confirmed that the author turned himself in to the police and was cooperating as a witness in the D.N.C. investigation. “He was a freelancer and now he is a valuable witness,” Mr. Gerashchenko said.

It is not clear whether the specific malware the programmer created was used to hack the D.N.C. servers, but it was identified in other Russian hacking efforts in the United States.

But Profexor presumably is describing to the FBI how he came to sell customized access to his tool to hackers working for Russia and who those hackers were.

In other words, this bid by Assange to send information to Trump via someone protected by the Constitution’s Speech and Debate Clause, but who is also suspected — even by his Republican colleagues! — of being on Russia’s payroll, comes at a very interesting time, as outlets present more evidence undermining Assange’s claims to have no tie to Russia.

Coming as it does as other evidence is coming to light, this effort is a bit of a Hail Mary by Assange: as soon as Trump publicizes his claims (which he’ll probably do during tomorrow’s shit-and-tweet) and they get publicly discredited, Assange (and Trump) will have little else to fall back on. They will have exposed their own claims, and provided the material others can use to attack Trump’s attempts to rebut the Russia hack claims. Perhaps Assange’s claims will be hard to rebut; but by making them public, finally, they will be revealed such that they can be rebutted.

I’m just as interested in the reporting on this, though, which was first pushed out through right wing outlets Daily Caller and John Solomon.

The story is presented exclusively in terms of Assange’s role in the DNC hack, which is admittedly the area where Assange’s interests and Trump’s coincide.

Yet not even the neutral LAT’s coverage of the meeting, which even quotes CIA Director and former Wikileaks fan Mike Pompeo,mentions the more immediate reason why Assange might need a deal from the United States. Virtually every week since March, Wikileaks has released a CIA exploit. While some of those exploits were interesting and the individual exploits are surely useful for security firms, at this point the Vault 7 project looks less like transparency and more like an organized effort to burn the CIA. Which makes it utterly remarkable a sitting member of Congress is going to go to the president to lobby him to make a deal with Assange, to say nothing of Assange’s argument that Wikileaks should get a White House press pass as part of the deal.

Dana Rohrabacher is perhaps even as we speak lobbying to help a guy who has published a CIA hack of the week. And that part of the meeting is barely getting notice.

Sean Hannity Cries Himself A River

There has been a lot of upheaval at Fox News lately. Gretchen Carlson went nuclear on Ailes and the misogynistic rapey culture that Fox cultivated over decades, and nothing has been the same there since.

That is a good thing. It may have been a limited, even if loud start, but Carlson initiated ripples in the Murdoch empire that could not be easily contained, even with the ample crisis suppression talents of hired liar Ted Wells and his firm, Paul Weiss. The once closed barn door was open, and all horses and carts were suddenly out.

The Murdoch cabal, give them an iota of credit, realized the situation….kind of, and cut bait with Ailes in record speed for a bigly man that supposedly was untouchable and was a bff of Trump.

Probably motivated by Rupert’s sons, James and Lachlan, but still correct, even if horribly behind the curve of human decency and sexual harassment law. But so much has happened since Gretchen Carlson cooked the supposed golden goose, Roger Ailes, that common lore held responsible for all the Fox News golden eggs.

Whatever the impetus, Roger Ailes was summarily dismissed when obviously necessary. The Murdochs and Fox News probably thought that might contain the exposure of their decades long belligerent misogyny. But, no, then came the claims against Bill O’Reilly. An odious asshole every bit as despicable as Ailes. And one known as exactly that since the Andrea Makris out of court settlement over O’Reilly’s loofah phone fetishes back in 2004.

Instead, Fox not only kept O’Reilly until they could no longer, they kept Ailes Number Two, Bill Schein and attendant protective underlings in place. Until they no longer could. That started today with Schein’s ouster. And Hannity is floating like an overboard deck chair in the seas away from the Titanic, away from the mothership. (Killer graphic by the one and only Darth – click to enlarge!). But the suddenly disposable Sean Hannity deck chair is drifting away from the ignorant and misogynistic shipwreck he helped perpetuate all these years.

In any normal corporation, especially such a public facing one like Fox News, they would have culled the problems out immediately after the Ailes embarrassment. But not Fox. Oh no. Instead, Fox and Fox News allowed O’Reilly and Sean Hannity to bellow with umbrage about the public admissions of their owners of misogyny and bigotry. Fox, as a company, had not learned their lesson going back to Andrea Makris in 2004, nor insured that their precious bought and paid for “talent” did.

But now the Murdoch sons, James and Lachlan, are protecting the family name by cleaning up their father’s idiocy at warp speed in a way that the gel headed sons in the Trump family can only dream of. Today, the Murdochs the younger have outed Bill Schein. Via Digby, a quote from Andrew Kirell at Daily Beast:

Sean Hannity is looking to leave Fox News, according to sources, following the resignation of Fox News co-president Bill Shine officially on Monday.

Schein was Hannity’s long-time ally whom he personally recommended the network hire two decades ago to produce Hannity & Colmes.

So, cry me a river Sean Hannity you stuporous dolt. In recent days, Hannity warned it would be the “total end” of Fox News should Shine leave, and he rallied conservative activists to back him up.

Initially, insiders said, Hannity’s army of lawyers had hoped to discuss with Fox ways of protecting his 8-year-old primetime show, amid fears that Lachlan and James Murdoch—fresh off the ousting of Bill O’Reilly—were looking to push the network away from hard-right politics.

Yeah, good riddance. See ya, wouldn’t want to be ya, Sean. Go fuck yourself in hell.

[Okay, went with that version of Cry Me a River because it is sooo much better audio and video production wise than the one from Mad Dogs and Englishmen (with Leon Russell, of course) that I really envisioned.]