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In a Bid to Jettison Flynn, Trump Suggests Hope Hicks and Steve Bannon Lied to the FBI

In the wake of yesterday’s disclosures in the Mike Flynn docket, Judge Emmet Sullivan issued three somewhat confusing orders demanding that the government provide transcripts and Mueller Report passages relating to Flynn

With respect, Judge Sullivan, if you’re going to order additional files released, please also ask the government to release a less redacted version of Mike Flynn’s original 302, which is docket #62-1, redacted sections of which (especially pertaining to the meeting at which Jared Kushner asked for a back channel with Russia) appear in unredacted form in the Mueller Report, and which was inexplicably not included in the WaPo request.

In any case, perhaps because Sullivan asked for files that may be very damning (especially if they include the contacts Flynn had with Kislyak before the election, which aren’t discussed in the Mueller Report), Donald Trump now claims he didn’t know Flynn was under a counterintelligence investigation and would have replaced him had he known.

Of course he knew. Obama warned Trump against hiring Flynn on November 10, 2016. And it’s no longer just three former Obama officials who say that. According to the Mueller Report, both Hope Hicks and Steve Bannon not only corroborate that Obama warned Trump, but their FBI testimony makes it clear that Trump was really bugged about Obama’s warning.

Several witnesses said that the President was unhappy with Flynn for other reasons at this time. Bannon said that Flynn’s standing with the President was not good by December 2016. Bannon 2/12/18 302, at 12. The President-Elect had concerns because President Obama had warned him about Flynn shortly after the election. Bannon 2/12/18 302, at 4-5; Hicks 12/8/17 302, at 7 (President Obama’s comment sat with President-Elect Trump more than Hicks expected). Priebus said that the President had become unhappy with Flynn even before the story of his calls with Kislyak broke and had become so upset with Flynn that he would not look at him during intelligence briefings. Priebus 1/18/18 302, at 8. Hicks said that the President thought Flynn had bad judgment and was angered by tweets sent by Flynn and his son, and she described Flynn as “being on thin ice” by early February 2017. Hicks 12/8/17 302, at 7, 10. [my emphasis]

No lesser Trump supporter than Bannon says that at the time Mike Flynn called up the Russian Ambassador and undermined the policy the President of the United States had just implemented, Trump was already concerned about the warnings that Obama gave him.

As I have noted, the evidence in the Mueller Report — as well as the silences about most earlier things Flynn did that raised counterintelligence concerns — suggest that Mueller has to believe that Flynn did what he did with Trump’s blessing. Otherwise Mueller would have had abundant evidence that Flynn, while freelancing, hiding that he was freelancing, and lying about it to the FBI, did things that directly benefitted the Russian state and undermined US policy.

Sullivan’s moves (which may be an attempt to explain why he raised such sharp questions about Flynn’s loyalty last December) may reveal evidence to substantiate that.

Which, in turn, may be why Trump is accusing two of his closest aides of lying to the FBI to pretend he didn’t get the warning from Obama they say he did.

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 Orange Injector and the Troubling Tariffs

[NB: Check the byline, thanks. /~Rayne]

He did it again. I am so fed up with this nonsense. This:

is yet another perfect opportunity for someone to game the market and do so in a big way.

Just look at this drop:

One needed only to short the market before it opened on Monday make huge amounts of money with no effort. And this time even the entire American market could have jumped on this; no more advance notice required apart from Trump’s Sunday and Monday tweets.

Believe me, the opportunity tempted me. I could see it coming. I only needed to short the NYSE:DIA using my pre-open trading access and I’d have raked in cash.

But it’s unethical; I can’t make money off people on the wrong side of Trump’s ridiculous foreign policy. It’s more like gambling on a steroid-doped horse and not true investment.

Nothing about Trump’s trade policy makes any sense (not that anything he does makes sense to a rational, ethical, sentient human being). What is the fundamental problem he wants to solve?

…Trump withdrew from the Trans-Pacific Partnership without ever proposing a replacement, and he appeared ready to do the same with the North American Free Trade Agreement (NAFTA). He imposed stiff levies on imported steel and aluminum, leading Canada, China, Mexico, and the European Union to slap the United States with retaliatory tariffs. At the same time, however, his administration ultimately agreed to a renegotiated NAFTA without major changes to the original agreement. It did the same for the U.S. free trade agreement with South Korea. So what signs could reveal his true intentions in 2019?

(source: Understanding Trump’s Trade War by Doug Irwin via Foreign Policy Winter 2019)

This entire paragraph operates on the assumption Trump acted in good faith on NAFTA.

This is the biggest mistake anyone can make about Trump, however. He has never done anything altruistic in his life. Every he’s done has been transactional. His lack of empathy for others combined with his selfish transactional nature precludes any good faith.

One need only look at his marriages to see his true self. He didn’t make any concerted effort to keep his vows, and when he’d obtained all he wanted from those relationships, he ditched his wives.

Even his Access Hollywood “grab them by the pussy” video revealed this: he believes that if one is a celebrity, one can do anything to a woman. In other words, the woman is receiving the attention of a celebrity in exchange for access to her body.

A transaction. Presence and access is consent as far as he’s concerned.

He is incapable of seeing anything he does as president as action on behalf of the country. In his mind the country already got what it wanted — his attention of a celebrity and his commitment to live in our house.

Rather like a second or third wife, we’re supposed to have gone into this relationship with our eyes open and have already received the best that we’ll get out of this deal. Meanwhile, he’s using our house for his personal aims.

And he’s using our relationship with major trading partners to shake them down for something to his benefit.

Re-read that paragraph from Foreign Policy again, only this time recognize the shakedown, the grift in between the lines. He received something from rattling NAFTA partners even if in the end it looks like nothing changed.

The New York Times published another expose on Trump’s finances based on transcripts of his IRS filings from 1985 to 1994. In the wake of the article there’s been a lot of chatter about how deeply in debt he was during the period these filings covered. But debt is just a number; it’s all in the accounting. The average American under the age of 40 is also deeply in debt if they’re buying a home, a car or two, and/or paying off the last of their tuition debt. Some of these debtors may tell you they made money and put it in the bank last year, though.

Trump was doing the same thing but at a much larger scale, only without the same consequences upon failure the average American would face:

Mr. Trump was able to lose all that money without facing the usual consequences — such as a steep drop in his standard of living — in part because most of it belonged to others, to the banks and bond investors who had supplied the cash to fuel his acquisitions. And as The Times’s earlier investigation showed, Mr. Trump secretly leaned on his father’s wealth to continue living like a winner and to stage a comeback.

Here’s the bit that jumped out at me from the NYT’s piece:

As losses from his core enterprises mounted, Mr. Trump took on a new public role, trading on his business-titan brand to present himself as a corporate raider. He would acquire shares in a company with borrowed money, suggest publicly that he was contemplating buying enough to become a majority owner, then quietly sell on the resulting rise in the stock price.

The tactic worked for a brief period — earning Mr. Trump millions of dollars in gains — until investors realized that he would not follow through. That much has been known for years. But the tax information obtained by The Times shows that he ultimately lost the bulk of the gains from his four-year trading spree.

Now Trump — or any of his partners/associates/financiers — no longer has to buy stock in a specific company to make money. He can use our house to act like a corporate raider. He can threaten to make or break a deal using the good faith and credit of the United States (instead of his own bad faith) and mess with the entire market.

In addition to Trump’s Sunday tweets. I suspect participants in the US and overseas markets in Asia and Russia could also have traded on Trump’s early Monday morning tweet:

This tweet is pure bullshit. There is nothing factual about it; it displays a gross ignorance about the trade deficit.

Putting aside the rational explanations about the trade deficit, the U.S. must keep in mind that China has been carefully negotiating its recovery after Mao Tse-tung’s Great Leap Forward and a realignment of mixed capitalist-communist system. It would be all too easy for the balance to shift reactively toward a more militarized communist system if it had an insufficient demand for its capitalist output.

But understanding this requires a degree of nuance beyond the grasp of the malignant narcissist-in-chief. He can only manage to ponder what’s in it for him.

Trump’s early Monday morning tweet would have been seen at these local times:

4:06 am Washington DC
6:06 pm Sydney Australia
5:06 pm Tokyo Japan
5:06 pm Seoul South Korea
4:06 pm Beijing PRC
11:06 am Moscow Russia

Ample time to jump in between the Sunday tweets and this Monday tweet if one was already holding index shares.

Those of use who didn’t trade on this information, though, went for a roller coaster ride on our hard-earned retirement savings and college funds as they plummeted Monday morning.

And because Trump is using our good faith and credit for his own aims, we can’t be absolutely certain he isn’t running some opaque con for a personal gain we know nothing about. We’re trapped in this vehicle for as long as he wants to run this scam.

And like some of the investors who loaned him money or contractors who worked for him in good faith in the past, we’ll end up holding the bag.

Just stop this crazy thing.

~ ~ ~

Oh, two more things:

First, Steve Bannon needs to be de-platformed. He is deliberately sowing anarchy across the globe by promoting white nationalism. Populism, he calls it, but it’s racist appeals encouraging insurrection and sedition against liberal democracy.

When he encourages Trump’s stupidity toward China it’s not because it’s helpful to the common good. He may say that Trump’s tariff threats are a benefit to the working class but Bannon has no fucking clue how manufacturing actually works. It’s all an abstraction to him that capital might reshore from investment in China to investment here.

Reality looks more like Lordstown, Ohio where General Motors just shut down a plant. The economic changes that led to the closure have been years in the making. It takes years and hundreds of millions in capital investment to plan a new product line to respond to trends in consumers’ tastes including the manufacturing processes required. We’re also in the midst of a massive sea change in transportation, with competing countries shifting entirely to electric cars within the next two decades.

But Trump can tweet damaging nonsense in seconds, smashing those carefully laid-out product manufacturing plans to smithereens.

Which may be the point considering Trump and his minions and financial backers are no fans of organized labor in the U.S.

I’m sure Bannon will assure the workers of Lordstown jobs will be there for them at any moment once the impending trade war with China has settled.

[Note: While I was drafting this post Trump tweeted that GM was selling the Lordstown plant to electric truck manufacturer Workhorse. Now Trump will look like a winner for badgering GM’s CEO Mary Barra when this deal was likely in the offing for some time. Really stupid move on Barra’s part because now he’ll use this as leverage — her call gave him presence and access.]

 

Second, it may be valuable to note that key problem children who have supported anarchic white nationalism through Trumpism in the US and Brexit in the UK have something in common:

Steve Bannon = former investment banker

Robert Mercer = former co-CEO of hedge fund

Rebekah Mercer = former trader at daddy’s hedge fund

Nigel Farage = former commodities trader

Arron Banks = owner, insurance company

Wilbur Ross = investment banker

Steve Mnuchin = former mortgage securities and hedge fund executive

Imagine them realizing they could make a shit ton of money by injecting planned volatility into the market using Trump (or Brexit) as their injector.

I wouldn’t be surprised if the entire Trump administration was in on this scam. Here’s U.S. Trade Reprepresentative Robert Lighthizer about Trump’s latest tariffs on Chinese goods:

“This was Trump acting out on a rainy Sunday in Washington with nothing on the public schedule,” he added. “To paraphrase Lenin: there are decades where nothing happens and there are weeks when decades happen…and then there is a single week in the Trump Presidency. What a time to be alive.”

Head, meet desk.

This is an open thread.

Why Didn’t Mueller Hold Counterintelligence Suspect Mike Flynn Responsible for Sanctions Call?

There’s a problem with the way the Mueller Report describes events pertaining to Mike Flynn.

It describes how someone under active counterintelligence investigation for his ties to Russia and already on thin ice with the President-Elect got on the phone and, through the Russian Ambassador, persuaded Vladimir Putin to hold off on retaliating for US sanctions. It describes how Flynn avoided leaving a paper trail of that call. Ultimately, the report remains inconclusive about whether Flynn made that call on his own initiative — which would seem to bolster the case he had suspect loyalties with the Russians — or at the direction of the President — in which case his actions would be appropriate from a constitutional standpoint (because this is the kind of thing the President can choose to do), but not a legal one (because he was purposely hiding it from the Obama Administration). One or the other would seem to be a necessary conclusion, but the Mueller Report reaches neither one.

In part, that’s because both Flynn and KT McFarland seem to have protected President Trump’s plausible deniability even after both got caught lying about these events. But it also appears that Mueller is more certain about the answer than he lets on in the public report.

This is the subject that, in my post noting that the Mueller Report has huge gaps precisely where the most acute counterintelligence concerns about Trump’s relationship with Putin are, I suggested created a logical problem for the report as a whole.

If it is the case that Flynn did what he did on Trump’s orders — which seems the only possible conclusion given Mueller’s favorable treatment of Flynn — then it changes the meaning of all of Trump’s actions with regard to the Russian investigation, but also suggests that that conclusion remains a counterintelligence one, not a criminal one.

Mike Flynn was under active counterintelligence investigation but he’s not an Agent of Russia

According to the Mueller Report, the first Rosenstein memo laying out the detailed scope of the investigation, dated August 2, 2017, included “four sets of allegations involving Michael Flynn, the former National Security Advisor to President Trump.” Two of those four must be his unregistered sleazy influence peddling for Turkey (which he got to plead off of as part of his plea agreement) and the Peter Smith operation to obtain Hillary’s deleted emails (about which his testimony is reflected in the Mueller Report).

Then there’s the counterintelligence investigation into Flynn. We’ve known that the FBI had a counterintelligence investigation into Flynn since before HPSCI released its Russian Report, and a later release of that report described that the investigation was still active when the FBI interviewed Flynn on January 24, 2017.

A key focus of that investigation —  one reflected in Flynn’s January 24, 2017 302 — was his paid attendance at a December 10, 2015 RT event in Moscow in December 2015, where he sat with Putin. The Mueller Report makes just one reference to that event, and only as a way of describing the public reporting on Trump flunkies’ ties to Russia during the campaign.

Beginning in February 2016 and continuing through the summer, the media reported that several Trump campaign advisors appeared to have ties to Russia. For example, the press reported that campaign advisor Michael Flynn was seated next to Vladimir Putin at an RT gala in Moscow in December 2015 and that Flynn had appeared regularly on RT as an analyst.15

15 See, e.g., Mark Hosenball & Steve Holland, Trump being advised by ex-US. Lieutenant General who favors closer Russia ties, Reuters (Feb. 26, 2016); Tom Hamburger et al., Inside Trump’s financial ties to Russia and his unusual flattery of Vladimir Putin, Washington Post (June 17, 2016). Certain matters pertaining to Flynn are described in Volume I, Section TV.B.7, supra.

However, in addition to that trip, the FBI must have been scrutinizing earlier Kislyak contacts that don’t show up in the Report at all:

  • A meeting on December 2, 2015 (described in the HPSCI report) that Kislyak that Flynn and his failson attended in advance of the RT trip at the Russian Embassy
  • A call to Kislyak sometime after GRU head Igor Sergun’s death in Lebanon on January 6, 2016; in his interview with the FBI; Flynn said he called to offer condolences, though he used that excuse for other calls that involved substantive policy discussions; he also claimed, not entirely credibly, not to be associated with the Trump campaign yet
  • Other conversations during the campaign that Flynn revealed to friends that otherwise don’t show up in public documents

In one of the only (unredacted) references to the counterintelligence investigation into Flynn, the Mueller Report describes that Flynn’s contacts with Kislyak became a key focus of that investigation.

Previously, the FBI had opened an investigation of Flynn based on his relationship with the Russian government.105 Flynn’s contacts with Kislyak became a key component of that investigation.10

But that passage doesn’t reveal the scope of those contacts and, in spite of detailed analysis of other people’s contacts with Kislyak (including an invite to JD Gordan to his residence that appears similar to the December 2015 one Kislyak extended to Flynn and his son), the Report doesn’t mention those earlier contacts.

Perhaps far more interesting, in the report’s analysis of whether any Trump aide was an agent of Russia, it does not include Flynn in the paragraph explaining why Paul Manafort, George Papadopoulos, and Carter Page were not charged as such. Instead, his foreign influence peddling is treated in a separate paragraph discussing just Turkey.

In addition, the investigation produced evidence of FARA violations involving Michael Flynn. Those potential violations, however, concerned a country other than Russia (i.e., Turkey) and were resolved when Flynn admitted to the underlying facts in the Statement of Offense that accompanied his guilty plea to a false-statements charge. Statement of Offense, United States v. Michael T Flynn, No. l:17-cr-232 (D.D.C. Dec. 1, 2017), Doc. 4 (“Flynn Statement of Offense”). 1281

The footnote to that paragraph, which given the admission elsewhere that a separate counterintelligence investigation into Flynn focused on Russia, likely deals with Russia, is entirely redacted for Harm to Ongoing Matters reasons.

While we can’t be sure (hell, we can’t even be totally sure this does relate to Russia!), this seems to suggest that the investigation into Russian efforts to cultivate Flynn is ongoing, but he has been absolved of any responsibility for — as an intelligence officer with 30 years of counterintelligence training — nevertheless falling prey to such efforts.

All of which is to say that, along with the descriptions of Trump’s most alarming interactions with Russians including Vladimir Putin, many of Flynn’s contacts with Kislyak and other Russians (including not just Putin but the guy who headed GRU until just before the election hacking started in earnest in January 2016) appear to be treated as counterintelligence information not suitable for public sharing.

The Mueller Report deliberately obscures key details of the timeline on the sanctions call

That’s important to note, because the counterintelligence conclusion on Flynn has to be utterly central to the analysis of Trump’s attempt to obstruct the investigation into Flynn.

The two discussions in the Mueller Report (Volume I pages 168 to 173 and Volume II pages 24 to 48) of Flynn’s December 2016 conversations with Sergey Kislyak are totally unsatisfying, probably in part because two key witnesses (Flynn and KT McFarland, and possibly others including Steve Bannon) lied when the FBI first interviewed them about the calls; they had also created a deliberately misleading paper trail for the events.

In both places, the Report provides times for some events on December 29, but obscures the most critical part of the timeline. I’ve put the Volume I language at the end of this post. It provides the following timeline for December 29, 2016:

1:53PM: McFarland and other Transition Team members and advisors (including Flynn, via email) discuss sanctions.

2:07PM: [Transition Team Member] Flaherty, an aide to McFarland, texts Flynn a link to a NYT article about the sanctions.

2:29PM: McFarland calls Flynn, but they don’t talk.

Shortly after 2:29PM: McFarland and Bannon discuss sanctions; according to McFarland’s clean-up interview, she may have told Bannon that Flynn would speak to Kislyak that night.

3:14PM: Flynn texts Flaherty and asks “time for a call??,” meaning McFarland. Flaherty responds that McFarland was on the phone with Tom Bossert. Flynn informs Flaherty in writing that he had a call with Kislyak coming up, using the language, “tit for tat,” that McFarland used on emails with others and that Flynn himself would use with Kislyak later that day.

Tit for tat w Russia not good. Russian AMBO reaching out to me today.

Sometime in here but the Report doesn’t tell us precisely when: Flynn talks to Michael Ledeen, KT McFarland, and then Kislyak. [my emphasis]

4:43PM: McFarland emails other transition team members saying that,  “Gen [F]lynn is talking to russian ambassador this evening.”

Before 5:45PM: McFarland briefed President-Elect Trump, Steve Bannon, Reince Priebus, Sean Spicer, and others on the sanctions. McFarland remembers that someone at the briefing may have mentioned the upcoming Kislyak call.

After the briefing: McFarland and Flynn speak by phone. Flynn tells McFarland, “that the Russian response to the sanctions was not going to be escalatory because they wanted a good relationship with the incoming Administration,” and McFarland tells Flynn about the briefing with Trump.

The next day, December 30, 2016 — after Putin announced they would not retaliate to Obama’s sanctions — Flynn sent a text message to McFarland that very deliberately did not reflect the true content of his communication with Kislyak, reportedly because he wanted to hide that from the Obama Administration (the Trump team had falsely told Obama they would not fuck with their existing policy initiatives).

Shortly thereafter, Flynn sent a text message to McFarland summarizing his call with Kislyak from the day before, which she emailed to Kushner, Bannon, Priebus, and other Transition Team members. 1265 The text message and email did not include sanctions as one of the topics discussed with Kislyak. 1266 Flynn told the Office that he did not document his discussion of sanctions because it could be perceived as getting in the way of the Obama Administration’s foreign policy.126

On December 31, after Kislyak called again to tell Flynn that Putin had decided not to retaliate because of the Trump Administration request not to, he and McFarland communicated again about their attempts to convince Russia not to respond to sanctions. Flynn spoke with others that day but “does not recall” whether they discussed the sanctions, though he remembers (but Bannon does not) that Bannon seemed to know about Flynn’s conversation with Kislyak.

The narrative for the same events in the obstruction section has less detail, but infuriatingly, similarly manages to leave out all the details (in bold above) about when Flynn spoke to McFarland and when he called Kisylak.

The thing is, Mueller knows precisely when those Flynn calls happened. The Volume I version of events make it clear they have the call records of Flynn, Michael Ledeen, and McFarland that would provide a precise timeline.

They just refuse to provide those times and the times of key emails, which would add to the clarity about whether Trump learned of Flynn’s plans before he contacted Kislyak.

In the “Intent” discussion regarding obstruction, however, the report suggests that the Trump briefing, where sanctions did come up, preceded the first Flynn call to Kislyak (even though the timeline here suggests it did not).

In advance of Flynn’s initial call with Kislyak, the President attended a meeting where the sanctions were discussed and an advisor may have mentioned that Flynn was scheduled to talk to Kislyak.

That’s particularly interesting given that the Volume II discussion of events describes how, after Trump fired Flynn, he also fired KT McFarland but offered her a position as Ambassador to Singapore. There’s very little discussion of the explanation for her firing, but they do describe how Trump tried to make McFarland write a memo — very similar to the false one he tried to make Don McGahn write denying that Trump had ordered him to have Rod Rosenstein removed — denying that he had any role in Flynn’s discussion with Kislyak about sanctions. McFarland did not write the memo, as she explained in a Memo for the Record, because she did not know whether Trump had spoken with Flynn or with Russia directly.

The next day, the President asked Priebus to have McFarland draft an internal email that would confirm that the President did not direct Flynn to call the Russian Ambassador about sanctions.253 Priebus said he told the President he would only direct McFarland to write such a letter if she were comfortable with it.254 Priebus called McFarland into his office to convey the President’s request that she memorialize in writing that the President did not direct Flynn to talk to Kislyak.255 McFarland told Priebus she did not know whether the President had directed Flynn to talk to Kislyak about sanctions, and she declined to say yes or no to the request.256

256 KTMF _00000047 (McFarland 2/26/ 17 Memorandum_ for the Record) (“I said I did not know whether he did or didn’t, but was in Maralago the week between Christmas and New Year’s (while Flynn was on vacation in Carribean) and I was not aware of any Flynn-Trump, or Trump-Russian phone calls”); McFarland 12/22/ 17 302, at 17.

Again, at a minimum, Mueller knows if Trump called Flynn, and may know if Trump called Kislyak or — more likely — Putin. But he’s not telling.

Trump was already pissy with Flynn, so why didn’t he blame him for the sanctions calls?

There’s one more contradictory detail about Trump’s behavior in this narrative.

According to enough witnesses to make it a reliable claim, Trump had already soured on Flynn in December 2016, before all this blew up (but not before Obama warned Trump and Elijah Cummings warned Mike Pence about Flynn’s suspect loyalties).

Several witnesses said that the President was unhappy with Flynn for other reasons at this time. Bannon said that Flynn’s standing with the President was not good by December 2016. Bannon 2/12/18 302, at 12. The President-Elect had concerns because President Obama had warned him about Flynn shortly after the election. Bannon 2/12/18 302, at 4-5; Hicks 12/8/17 302, at 7 (President Obama’s comment sat with President-Elect Trump more than Hicks expected). Priebus said that the President had become unhappy with Flynn even before the story of his calls with Kislyak broke and had become so upset with Flynn that he would not look at him during intelligence briefings. Priebus 1/18/18 302, at 8. Hicks said that the President thought Flynn had bad judgment and was angered by tweets sent by Flynn and his son, and she described Flynn as “being on thin ice” by early February 2017. Hicks 12/8/17 302, at 7, 10

As I’ve noted before, Trump made the same complaint to Jim Comey in their “loyalty demand” dinner on January 27, 2017 — but he did so in the context of Flynn not informing him that Vladimir Putin had beaten Theresa May to congratulating him about his inauguration.

All these details — including that Flynn publicly informed Trump of Putin’s call — should make Flynn a bigger counterintelligence concern, not one that could be dismissed more easily than Page and Manafort and Papadopoulos.

Unless Mueller had more certainty that Trump was in the loop of these sanctions discussions — either through Flynn or directly with Putin — than he lets on in the public report.

Mike Flynn’s Interviews with Prosecutors

To sum up, Mueller knows that someone already under investigation for his suspect calls to Russia and Sergey Kislyak got on the phone with Kislyak and undercut the Obama Administration’s attempt to punish Russia for its election interference. Flynn deliberately created a false record of that call, then lied about it when it became public the following month, and continued to lie about it when the FBI asked him about it.Trump allegedly got pissy that Flynn’s counterintelligence exposure had already been raised by Obama, but also got pissy that Flynn wasn’t being obsequious enough to Putin. But, when this all began to blow up in the press, rather than firing Flynn right away for being a counterintelligence problem — the outcome Sally Yates clearly expected would be the no-brainer result — Trump instead repeatedly tried to protect Flynn.

Which is why the likelihood that a key part of Flynn’s cooperation, that relating to the counterintelligence side of the equation, is so interesting.

As I noted when the addendum showing Flynn’s cooperation came out, it likely broke into the Turkish influence peddling [A], two (or maybe three?) topics relating to Trump [B], as well as more classified part of the investigation conducted under Mueller [C].

A Criminal Investigation:

11+ line paragraph

6.5 line paragraph

2 line paragraph

B Mueller investigation:

Introductory paragraph (9 lines)

i) Interactions between Transition Team and Russia (12 lines, just one or two sentences redacted)

ii) Topic two

10 line paragraph

9 line paragraph

C Entirely redacted investigation:

4.5 line paragraph

The footnotes from the Mueller Report describing what Flynn told prosecutors when seems to reinforce this.

  1. November 16, 2017: Trump appoint Flynn as NSA, first call with Putin, Israel vote, communications with Kislyak, December Kislyak call
  2. November 17, 2017: Israel vote, December Kislyak call, especially comms with Mar a Lago, re Ignatius Flynn said he had not talked sanctions, Mar a Lago with Trump, Flynn’s last meeting with Trump, “we’ll take care of you”
  3. November 19, 2017: Why sanctions, whether he told others at MAL, comms on 12/29, re Ignatius Flynn said he had not talked sanctions, Mar a Lago with Trump
  4. November 20, 2017: Whether he told others at MAL, response to Ignatius
  5. November 21, 2017: Whether he told others at MAL, response to Ignatius, meeting with Trump
  6. November 29, 2017: Peter Smith
  7. January 11, 2018: November 30 meeting with Kislyak
  8. January 19, 2018: Flynn did not have specific recollection about telling POTUS on January 3, 2017
  9. April 25, 2018: Peter Smith
  10. May 1, 2018: Peter Smith
  11. September 26, 2018: Proffer response on meetings with Foresman

We know from court filings that Flynn had 19 interviews with prosecutors, of which four pertain to his sleazy influence peddling with Turkey. Here’s what that seems to suggest about his interviews (assuming, probably incorrectly, that they didn’t cover multiple topics at once):

  • Turkish influence peddling: 4 interviews, unknown dates
  • Transition events, 7 interviews: 11/16/17, 11/17/17, 11/19/17, 11/20/17, 11/21/17, 1/11/18, 1/19/18
  • Peter Smith, 3 interviews: 11/29/17, 4/25/18, 5/1/18
  • Counterintelligence: Remaining 5 interviews???, unknown dates

It’s possible, however, there’s a third “links” topic pertaining to Transition era graft, which for scope reasons would not appear in the Mueller Report.

The possibility that Flynn may have had five interviews dedicated to a counterintelligence investigation that implicated Trump would make this Brian Ross story far more interesting. As the Report lays out, when hints that Flynn flipped first came out on November 22, 2017, one of Trump’s lawyers (probably John Dowd) left a voice mail message (!!!) with one of Flynn’s lawyers (probably Rob Kelner). He specifically wanted a heads up about anything that “implicates the President” which would create a “national security issue.”

I understand your situation, but let me see if I can’t state it in starker terms. . . . [I]t wouldn’t surprise me if you’ve gone on to make a deal with … the government. … [I]f . .. there’s information that implicates the President, then we’ve got a national security issue, . . . so, you know, . . . we need some kind of heads up. Um, just for the sake of protecting all our interests ifwe can …. [R]emember what we’ve always said about the ‘ President and his feelings toward Flynn and, that still remains ….

The following day, Trump’s lawyer told Flynn’s that cooperating would reflect hostility to the President.

A week later, once the plea was official on December 1, Flynn had the following leaked to ABC.

During the campaign, Trump asked Flynn to be one of a small group of close advisors charged with improving relations in Russia and other hot spots. The source said Trump phoned Flynn shortly after the election to explicitly ask him to “serve as point person on Russia,” and to reach out personally to Russian officials to develop strategies to jointly combat ISIS.

[snip]

“Flynn is very angry,” the confidant told ABC News Friday. “He will cooperate truthfully on any question they ask him.” [my emphasis]

Only, originally, the story read that Trump asked Flynn to reach out to Russia before the election. The story is often cited as one of the big gaffes of the Russian investigation, but Mother Jones has since corroborated the pre-election timeline with two Flynn associates.

For some reason, Mueller did not hold Mike Flynn responsible for — at a time when he was under active counterintelligence investigation for his ties to Russia — undercutting the official policy of the US on punishing Russia for its election year attack. I wonder whether the content of up to five counterintelligence interviews with Flynn may explain why.

As they are elsewhere, the Washington Post is trying to liberate the filings about Flynn’s cooperation that would explain all this. On Thursday, Emmet Sullivan — the same judge who, after seeing all the sealed filings in Flynn’s case, used some really inflammatory language about Flynn’s loyalty — set a briefing schedule for that effort. Then, acting on his own on Friday, Sullivan scheduled a hearing for June 24 (after the next status report in Flynn’s case but before he would be sentenced) to discuss liberating those filings.

So maybe we’ll find out from the WaPo’s efforts to liberate those documents.

Timeline of known Flynn investigation

November 10, 2016: Obama warns Trump that Mike Flynn’s name kept surfacing in concerns about Russia.

November 18, 2016: Trump names Flynn National Security Adviser.

November 18, 2016: Elijah Cummings warns Mike Pence of Flynn’s Turkish lobbying.

Shortly after inauguration: On “first” call with Kislyak, Flynn responds to Ambassador’s invitation to Russian Embassy that, “You keep telling me that,” alerting others to previous contacts between them.

January 24, 2017: In interview with FBI, Flynn lies about his contacts with Sergey Kislyak.

January 26 and 27, 2017: Sally Yates warns the White House about Flynn’s lies.

February 2, 2017: WHCO lawyer John Eisenberg reviews materials on Flynn’s interview.

February 13, 2017: Flynn fired.

July 19, 2017: Peter Strzok interviewed, in part, about Flynn interview, presumably as part of obstruction investigation.

November 16, 2017: Interview covers: Trump appoint Flynn as NSA, first call with Putin, Israel vote, communications with Kislyak, December Kislyak call.

November 17, 2017: Interview covers: Israel vote, December Kislyak call, especially comms with Mar a Lago, re Ignatius Flynn said he had not talked sanctions, Mar a Lago with Trump, Flynn’s last meeting with Trump, “we’ll take care of you.”

November 19, 2017: Interview covers: Why sanctions, whether he told others at MAL, comms on 12/29, re Ignatius Flynn said he had not talked sanctions, Mar a Lago with Trump.

November 20, 2017: Interview covers: Whether he told others at MAL, response to Ignatius.

November 21, 2017: Interview covers: Whether he told others at MAL, response to Ignatius, meeting with Trump.

November 22, 2017: Flynn withdraws from Joint Defense Agreement; Trump’s lawyer leaves a message for Flynn’s lawyer stating, in part, “if… there’s information that implicates the President, then we’ve got a national security
issue,…so, you know,…we need some kind of heads up.”

November 23, 2017: Flynn’s attorney returns Trump’s attorney’s call, the latter says cooperation would reflect hostility to the President.

November 29, 2017: Interview covers Peter Smith.

December 1, 2017: Flynn pleads guilty, has story leaked to Brian Ross that his cooperation covers Trump’s orders that he take “serve as point person on Russia,” originally stating that the order preceded the election; the story is corrected to say the order comes ” shortly after the election.” Two Flynn associates subsequently told Mother Jones the contacts did start before the election.

January 11, 2018: Interview covers November 30 meeting with Kislyak.

January 19, 2018: Interview covers Flynn did not have specific recollection about telling POTUS on January 3, 2017.

April 25, 2018: Interview covers Peter Smith.

May 1, 2018: Interview covers Peter Smith.

September 17, 2018: Status report asking for sentencing.

September 26, 2018: Flynn’s attorney offers proffer response on meetings with Bob Foresman.

December 18, 2018: After Judge Emmet Sullivan invokes treason and selling out his country, Flynn delays sentencing.


The Volume I Narrative about December 29, 2016

Shortly thereafter, Flynn sent a text message to McFarland summarizing his call with Kislyak from the day before, which she emailed to Kushner, Bannon, Priebus, and other Transition Team members. 1265 The text message and email did not include sanctions as one of the topics discussed with Kislyak. 1266 Flynn told the Office that he did not document his discussion of sanctions because it could be perceived as getting in the way of the Obama Administration’s foreign policy.126

The sanctions were announced publicly on December 29, 2016. 1231 At 1 :53 p.m. that day, McFarland began exchanging emails with multiple Transition Team members and advisors about the impact the sanctions would have on the incoming Administration. 1232 At 2:07 p.m., a Transition Team member texted Flynn a link to a New York Times article about the sanctions. 1233 At 2:29 p.m., McFarland called Flynn, but they did not talk. 1234 Shortly thereafter, McFarland and Bannon discussed the sanctions. 1235 According to McFarland, Bannon remarked that the sanctions would hurt their ability to have good relations with Russia, and that Russian escalation would make things more difficult. 1236 McFarland believed she told Bannon that Flynn was scheduled to talk to Kislyak later that night. 1237 McFarland also believed she may have discussed the sanctions with Priebus, and likewise told him that Flynn was scheduled to talk to Kislyak that night. 1238 At 3: 14 p.m., Flynn texted a Transition Team member who was assisting McFarland, “Time for a call???”1239 The Transition Team member responded that McFarland was on the phone with Tom Bossert, a Transition Team senior official, to which Flynn responded, “Tit for tat w Russia not good. Russian AMBO reaching out to me today.” 1240

Flynn recalled that he chose not to communicate with Kislyak about the sanctions until he had heard from the team at Mar-a-Lago.1241 He first spoke with Michael Ledeen, 1242 a Transition Team member who advised on foreign policy and national security matters, for 20 minutes. 1243 Flynn then spoke with McFarland for almost 20 minutes to discuss what, if anything, to communicate to Kislyak about the sanctions. 1244 On that call, McFarland and Flynn discussed the sanctions, including their potential impact on the incoming Trump Administration’s foreign policy goals. 1245 McFarland and Flynn also discussed that Transition Team members in Mar-a-Lago did not want Russia to escalate the situation. 1246 They both understood that Flynn would relay a message to Kislyak in hopes of making sure the situation would not get out of hand.1247

Immediately after speaking with McFarland, Flynn called and spoke with Kislyak. 1248 Flynn discussed multiple topics with Kislyak, including the sanctions, scheduling a video teleconference between President-Elect Trump and Putin, an upcoming terrorism conference, and Russia’s views about the Middle East. 1249 With respect to the sanctions, Flynn requested that Russia not escalate the situation, not get into a “tit for tat,” and only respond to the sanctions in a reciprocal manner.1250

Multiple Transition Team members were aware that Flynn was speaking with Kislyak that day. In addition to her conversations with Bannon and Reince Priebus, at 4:43 p.m., McFarland sent an email to Transition Team members about the sanctions, informing the group that “Gen [F]lynn is talking to russian ambassador this evening.” 1251 Less than an hour later, McFarland briefed President-Elect Trump. Bannon, Priebus, Sean Spicer, and other Transition Team members were present. 1252 During the briefing, President-Elect Trump asked McFarland if the Russians did “it,” meaning the intrusions intended to influence the presidential election. 1253 McFarland said yes, and President-Elect Trump expressed doubt that it was the Russians.1254 McFarland also discussed potential Russian responses to the sanctions, and said Russia’s response would be an indicator of what the Russians wanted going forward. 1255 President-Elect Trump opined that the sanctions provided him with leverage to use with the Russians. 1256 McFarland recalled that at the end of the meeting, someone may have mentioned to President-Elect Trump that Flynn was speaking to the Russian ambassador that evening. 1257

After the briefing, Flynn and McFarland spoke over the phone. 1258 Flynn reported on the substance of his call with Kislyak, including their discussion of the sanctions. 1259 According to McFarland, Flynn mentioned that the Russian response to the sanctions was not going to be escalatory because they wanted a good relationship with the incoming Administration.1260 McFarland also gave Flynn a summary of her recent briefing with President-Elect Trump. 1261

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. 

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

With few exceptions, the questions Mueller posed to Trump were questions I expected: his awareness of the June 9 meeting,  the Russian hacking and Stone’s attempts to optimize the release of stolen emails, the Trump Tower Moscow deal,  Manafort’s sharing of polling data and the platform on sanctions relief, and Trump’s role in Flynn’s calls with Sergey Kislyak.

One question I did not expect was about whether Trump attended the World Chess Championship on November 10, 2016; the report makes it clear there were allegations that Kirill Dmitriev made a last minute decision to attend it to meet with Trump, though Trump denies he attended. Notably, by answering, Trump reflected a willingness to answer a question about the transition period.

One question I did not expect, however, pertained to a pardon for Julian Assange.

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).

As with most of the questions, Trump answered with a “do not recall” answer.

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

Except that (as he did on some other questions that largely pertained solely to election period activities), he specifically limited his answer to the campaign period. He basically refused to answer regarding any discussion of a pardon during the transition. That’s particularly interesting for two reasons.

In the report’s discussion of Don Jr’s DMs with WikiLeaks, they don’t mention the one where Assange suggests his father should get him named 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

And, we know that after inauguration and into 2018, a series of Trump flunkies kept trying to broker a pardon for Assange.

Now, as reported, Trump refused to answer questions about about the transition (except for that chess championship one). So that may be his explanation for limiting his answer. But the effect seems to suggest he did discuss pardoning Assange.

His refusal to answer questions about the transition also explains why he didn’t answer a slew of other questions, generally about Flynn’s communications with Kislyak and Kushner and Steve Bannon’s attempts to establish a back channel with Russia.

Particularly given Bannon and Erik Prince’s deleted texts and the inclusion of the follow-up in the January 28 conference call with Putin, it’s pretty clear Trump knew about it (and so probably also knew about Flynn’s activities).

But there is one question about sanctions relief that Trump didn’t answer, offering no excuse. It appears as a sub-question to one about the Trump’s promise — at the same press conference he asked and Russia to further hacking Hillary — to lift sanctions on Russia.

g. On July 27, 2016, in response to a question about whether you would recognize Crimea as Russian territory and lift sanctions on Russia, you said: “We’ ll be looking at that. Yeah, we’ll be looking.” Did you intend to communicate by that statement or at any other time during the campaign a willingness to lift sanctions and/or recognize Russia’s annexation of Crimea if you were elected?

i. What consideration did you give to lifting sanctions and/or recognizing Russia’s annexation of Crimea if you were elected? Describe who you spoke with about this topic, when, the substance of the discussion(s).

Trump responded to the Crimea question — by claiming his statement did not communicate any position.

But Trump did not answer the sub-question, whether he considered lifting sanctions and whom he spoke with about that. That question was in no way limited to the transition, and therefore should have been answered.

And it’s not like Trump simply missed the question: His lawyers replicated it in their own answers. And they read Mueller’s questions closely enough to add a “sic” where Mueller had included a double “about.”

Were you asked to attend the World Chess Championship gala on November 10, 2016? If yes, who asked you to attend, when were you asked, and what were you told about about why your presence was requested?

[snip]

Were you asked to attend the World Chess Championship gala on November 10, 2016? If yes, who asked you to attend, when were you asked, and what were you told about about [sic] why your presence was requested?

So they presumably saw the question, a question that on its face pertained to the election as well as the transition.

They just didn’t answer it.

So the two things that even given Trump’s contemptuous response to responding to basic answers about the Russian investigation he refused to answer pertain to a Julian Assange pardon (for the transition period) and sanctions relief.

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

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. 

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

The Mueller Report does not include the investigation’s counterintelligence analysis. It says that explicitly here (see also this Ben Wittes report, though I think he gets a few things wrong).

From its inception, the Office recognized that its investigation could identify foreign intelligence and counterintelligence information relevant to the FBI’s broader national security mission. FBI personnel who assisted the Office established procedures to identify and convey such information to the FBI. The FBI’s Counterintelligence Division met with the Office regularly for that purpose for most of the Office’s tenure. For more than the past year, the FBI also embedded personnel at the Office who did not work on the Special Counsel’s investigation, but whose purpose was to review the results of the investigation and to send-in writing-summaries of foreign intelligence and counterintelligence information to FBIHQ and FBI Field Offices. Those communications and other correspondence between the Office and the FBI contain information derived from the investigation, not all of which is contained in this Volume. This Volume is a summary. It contains, in the Office’s judgment, that information necessary to account for the Special Counsel’s prosecution and declination decisions and to describe the investigation’s main factual results. [my emphasis]

These FBI Agents were only co-located for part of Mueller’s tenure, perhaps around the same time as the IRA indictment? And this description does not include the three NSD prosecutors described as detailees, Heather Alpino, Ryan Dickey, and Jessica Romero, as distinct from prosecutors originally assigned to Mueller.

Plus, we know there was always a counterintelligence focus to this investigation; all the initial subjects of it (Manafort, Page, Papadopoulos, and Flynn) were counterintelligence concerns. Other Trump associates got added in October 2017, but even there, the investigation into Michael Cohen started as a FARA investigation and Gates and probably others were brought in along with Manafort’s counterintelligence concerns. Then there’s Trump (who must have been brought in for obstruction, but I don’t think the report says how).

But the most significant thing that doesn’t show up in this report is whether Trump was undercutting the investigation as a favor to Russia, reportedly one of the concerns Rod Rosenstein had when he first hired Mueller. This report does not explicitly treat that concern, at all (to significant detriment to one area of its analysis, as I’ll show in a follow-up post).

That’s most evident in the way the report deals with Vladimir Putin in the post-inauguration period. The report itself invokes Putin at least 163 times, often describing the many different efforts to set up a meeting between Putin and Trump. But when Trump actually started meeting with top Russian officials — and Putin specifically — the report gets quiet.

We finally get a read-out of the January 28 phone call

Start with the phone call between Trump and Putin on January 28, 2017. The report describes that setting up this call was among the things Mike Flynn spoke to Sergey Kislyak about.

Flynn discussed multiple topics with Kislyak, including the sanctions, scheduling a video teleconference between President-Elect Trump and Putin, an upcoming terrorism conference, and Russia’s views about the Middle East.

That Kislyak asked him to set up the call was actually something Flynn told the FBI the truth about in his interview with the FBI. More importantly, the report reveals several details that previous reporting about the George Nader channel did not: first, the role of Jared Kushner’s hedge fund buddy Rick Gerson in that back channel with Kirill Dmitriev, and the role that a “reconciliation plan” that Dmitriev got to Kushner via Gerson played in that January 28 meeting.

On January 16, 2017, Dmitriev consolidated the ideas for U.S.-Russia reconciliation that he and Gerson had been discussing into a two-page document that listed five main points: (1) jointly fighting terrorism; (2) jointly engaging in anti-weapons of mass destruction efforts; (3) developing “win-win” economic and investment initiatives; (4) maintaining an honest, open, and continual dialogue regarding issues of disagreement; and (5) ensuring proper communication and trust by “key people” from each country. 1111 On January 18, 2017, Gerson gave a copy of the document to Kushner. 1112 Kushner had not heard of Dmitriev at that time. 1113 Gerson explained that Dmitriev was the head of RDIF, and Gerson may have alluded to Dmitriev’s being well connected. 1114 Kushner placed the document in a file and said he would get it to the right people. 1115 Kushner ultimately gave one copy of the document to Bannon and another to Rex Tillerson; according to Kushner, neither of them followed up with Kushner about it. 1116 On January 19, 2017, Dmitriev sent Nader a copy of the two-page document, telling him that this was “a view from our side that I discussed in my meeting on the islands and with you and with our friends. Please share with them – we believe this is a good foundation to start from.” 1117

Gerson informed Dmitriev that he had given the document to Kushner soon after delivering it. 1118 On January 26, 2017, Dmitriev wrote to Gerson that his “boss”-an apparent reference to Putin-was asking if there had been any feedback on the proposal. 1119 Dmitriev said, ” [w]e do not want to rush things and move at a comfortable speed. At the same time, my boss asked me to try to have the key US meetings in the next two weeks if possible.”1120 He informed Gerson that Putin and President Trump would speak by phone that Saturday, and noted that that information was “very confidential.”1121

The same day, Dmitriev wrote to Nader that he had seen his “boss” again yesterday who had “emphasized that this is a great priority for us and that we need to build this communication channel to avoid bureaucracy.” 1122 On January 28, 2017, Dmitriev texted Nader that he wanted “to see if I can confirm to my boss that your friends may use some of the ideas from the 2 pager I sent you in the telephone call that will happen at 12 EST,”1123 an apparent reference to the call scheduled between President Trump and Putin. Nader replied, “Definitely paper was so submitted to Team by Rick and me. They took it seriously!”1124 After the call between President Trump and Putin occurred, Dmitriev wrote to Nader that “the call went very well. My boss wants me to continue making some public statements that us [sic] Russia cooperation is good and important.” 1125 Gerson also wrote to Dmitriev to say that the call had gone well, and Dmitriev replied that the document they had drafted together “played an important role.” 1126 [my emphasis]

This was a meeting that the US side provided just a terse readout of (and, if I remember correctly, only after Russia released its readout). 27 months later, we’re learning that Dmitriev (whose bank was of questionable status because of sanctions) and convicted pedophile Nader were prepping the meeting less than an hour before it began (the report cites text messages between them from 11:05 and 11:11 AM the morning of the 12PM meeting, as well as texts involving Gerson). Between them, the two of them plus Gerson (none of whom had clearance) had a better sense of how the meeting went than the American public. Among the things they learned — but we did not — was that part of the reconciliation plan included “win-win” economic and investment initiatives pitched by the head of RDIF.

The lead-up to this meeting is the subject about which Steve Bannon and Erik Prince mysteriously lost the encrypted texts they exchanged discussing it.

While the report does describe this meeting in its assessment of links between Russians and Trump associates, it doesn’t focus on how it lines up with questions about firing Mike Flynn.

The correlation of Trump’s decision to fire Comey and his conversation with Putin

The report gets still more coy when it describes the role of a meeting with Sergey Lavrov and Sergey Kislyak the day after Trump fired Jim Comey. One of the most pregnant footnotes in the report (h/t Laura Rozen) notes that the May 10, 2017 meeting was planned in a call between Putin and Trump and confirmed the day Trump first dictated the Comey termination at Bedminster Golf Course.

468 SCR08_000353 (5/9/17 White House Document, “Working Visit with Foreign Minister Sergey Lavrov of Russia”); SCR08_001274 (5/10/17 Email, Ciaramella to Kelly et al.). The meeting had been planned on May 2, 2017, during a telephone call between the President and Russian President Vladimir Putin, and the meeting date was confirmed on May 5, 2017, the same day the President dictated ideas for the Comey termination letter to Stephen Miller. SCR08_001274 (5/10/17 Email, Ciaramella to Kelly et al.).

According to Don McGahn, in the leadup to Comey’s May 3 testimony to Congress, Trump told him that if Comey did not confirm that Trump was not under investigation it would “be the last straw” because it was “hurting his ability to … deal with foreign leaders.”

McGahn recalled that in the week leading up to the hearing, the President said that it would be the last straw if Comey did not take the opportunity to set the record straight by publicly announcing that the President was not under investigation.384 The President had previously told McGahn that the perception that the President was under investigation was hurting his ability to carry out his presidential duties and deal with foreign leaders.385

Trump brought up Comey at least 8 times with Bannon in the following two days, and Bannon warned Trump not to fire Comey.

Bannon recalled that the President brought Comey up with him at least eight times on May 3 and May 4, 2017 .399 According to Bannon, the President said the same thing each time: “He told me three times I’m not under investigation. He’s a showboater. He’s a grandstander. I don’t know any Russians. There was no collusion.”400 Bannon told the President that he could not fire Comey because “that ship had sailed.”401 Bannon also told the President that firing Comey was not going to stop the investigation, cautioning him that he could fire the FBI director but could not fire the FBI.402

On the 5th — the day (the report helpfully notes) the Russian meeting was confirmed — Trump dictated to Stephen Miller to start Comey’s termination letter by stating that the Trump-Russia story was fabricated.

[T]he President told Miller that the letter should start, “While I greatly appreciate you informing me that I am not under investigation concerning what I have often stated is a fabricated story on a Trump-Russia relationship – pertaining to the 2016 presidential election, please be informed that I, and I believe the American public – including Ds and Rs – have lost faith in you as Director of the FBI.”

Trump prohibited Miller from telling anyone at the White House about his plan to fire Comey.

All that would lead you to believe the report might make further note about this correlation, about the appearance (which had already been suggested, but the report makes far more clear) that Trump took action in advance of that meeting.

It doesn’t really. The description of the meeting does make clear that, in the wake of Trump’s comments to Lavrov boasting about firing Comey, the White House released a statement that incorporated and expanded on the language about Comey’s grandstanding from finalized Miller letter drafted at Bedminster.

In the morning on May 10, 2017, President Trump met with Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval Office.468 The media subsequently reported that during the May 10 meeting the President brought up his decision the prior day to terminate Comey, telling Lavrov and Kislyak: “T just fired the head of the F.B.I. He was crazy, a real nut job. I faced great pressure because of Russia. That’s taken off. … I’m not under investigation.”469 The President never denied making those statements, and the White House did not dispute the account, instead issuing a statement that said: “By grandstanding and politicizing the investigation into Russia’s actions, James Comey created unnecessary pressure on our ability to engage and negotiate with Russia. The investigation would have always continued, and obviously, the termination of Comey would not have ended it. Once again, the real story is that our national security has been undermined by the leaking of private and highly classified information.”470 Hicks said that when she told the President about the reports on his meeting with Lavrov, he did not look concerned and said of Comey, “he is crazy.”471 When McGahn asked the President about his comments to Lavrov, the President said it was good that Comey was fired because that took the pressure off by making it clear that he was not under investigation so he could get more work done.472 [my emphasis]

What the report doesn’t mention, at all, is that Trump shared sensitive Israeli intelligence with the Russians at this meeting, an obvious counterintelligence concern.

Trump’s secret co-author on the June 9 meeting statement

An even more remarkable silence in the report pertains to the conversation Trump had with Putin at the G20 while his team was working on drafting the statement about the June 9 meeting.

The description of Trump’s actions on this matter are fairly superlative, with Hope Hicks describing Trump in what is best described as denial, refusing to be included in conversations about it, yet strongly suggesting that it was Trump making the comment — suggesting they could withhold the damning emails — that Mark Corallo later attributed to her. Hicks even describes Trump as committing what he considered the ultimate sin, not commenting on a story.

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

The report then describes how (in what would have been in the wake of Trump’s first face-to-face meeting with Putin) Trump instructed her to claim the meeting was just about adoptions. It then describes Trump dictating a statement, watering down the offer of dirt to just adoptions, something that not even Don Jr was willing to put out.

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.”700

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

The passage mentions nothing about Trump’s meeting, with no American aides, with Putin at the G20 dinner in between the first discussion of a statement about adoptions and the one Trump drafted personally.

Nor does the report, in repeated discussions of Trump’s unplanned interview with the NYT at which he admitted discussing adoptions with Putin that night, mention that admission.

Within hours of the President’s meeting with Lewandowski on July 19, 2017, the President gave an unplanned interview to the New York Times in which he criticized Sessions’s decision to recuse from the Russia investigation.630 The President said that “Sessions should have never recused himself, and if he was going to recuse himself, he should have told me before he took the job, and I would have picked somebody else.”631 Sessions’s recusal, the President said, was “very unfair to the president. How do you take a job and then recuse yourself? If he would have recused himself before the job, I would have said, ‘Thanks, Jeff, but I can’t, you know, I’m not going to take you.’ It’s extremely unfair, and that’s a mild word, to the president.”632 Hicks, who was present for the interview, recalled trying to “throw [herself] between the reporters and [the President]” to stop parts of the interview, but the President “loved the interview.”633

[snip]

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

Trump’s admission that he spoke to Putin about adoptions in the same interview where he prepared the ground to fire Sessions and insisted that everyone would take a meeting with foreigners offering dirt on your opponent would seem important to the discussion of whether in attempting to fire Sessions, Trump was obstructing not a criminal investigation into his own conduct, but a counterintelligence investigation into his own ties with Putin.

But the report not only doesn’t consider it, the report doesn’t mention it.

Nor does the report discuss some of the other bizarre Trump interactions with Putin, most of all the Helsinki meeting that took place in the wake of the release of the GRU indictment, leading Trump to yet again very publicly deny Russia’s role in the attack, that time in the presence of Putin himself.

Now, there may be very good constitutional reasons why the analysis of Trump’s weird relationship with Putin as President is not part of this report. The President is empowered with fairly unlimited authority to conduct foreign policy and to declassify information, which would cover these instances.

Plus, if Mueller conducted this analysis, you wouldn’t want to share that publicly so the Russians could read it.

But it must be noted that the report doesn’t answer what a lot of people think it does: whether Trump has been compromised by Russia, leading him to pursue policies damaging to US interests. Let me very clear: I don’t think Trump is a puppet being managed by Vladimir Putin. But contrary to a great number of claims that this report puts those concerns to rest, the report does the opposite. With the limited exception of the suggestion of a tie between firing Comey and the meeting with Lavrov, the report doesn’t even mention the key incidents that would be the subject of such analysis.

If anything, new details released in this report provide even further reason to think Trump obstructed the Russian investigation to halt the counterintelligence analysis of his ties with Russia. But the report itself doesn’t ever explicitly consider whether that’s why Trump obstructed this investigation.

Update: As TC noted, one thing the report does include is the detail that during a period he was trying to fire Sessions, Trump wanted him to limit Mueller’s mandate to future elections, which would have the effect of limiting the investigation into Russia’s crime as well as any potential exposure of his own.

During the June 19 meeting, Lewandowski recalled that, after some small talk, the President brought up Sessions and criticized his recusal from the Russia investigation.605

The President told Lewandowski that Sessions was weak and that if the President had known about the likelihood of recusal in advance, he would not have appointed Sessions.606 The President then asked Lewandowski to deliver a message to Sessions and said “write this down.” 607 This was the first time the President had asked Lewandowski to take dictation, and Lewandowski wrote as fast as possible to make sure he captured the content correctly.608 The President directed that Sessions should give a speech publicly announcing: I know that I recused myself from certain things having to do with specific areas. But our POTUS . .. is being treated very unfairly. He shouldn’t have a Special Prosecutor/Counsel b/c he hasn’t done anything wrong. I was on the campaign w/ him for nine months, there were no Russians involved with him. I know it for a fact b/c I was there. He didn’t do anything wrong except he ran the greatest campaign in American history.609

The dictated message went on to state that Sessions would meet with the Special Counsel to limit his jurisdiction to future election interference:

Now a group of people want to subvert the Constitution of the United States. T am going to meet with the Special Prosecutor to explain this is very unfair and let the Special Prosecutor move forward with investigating election meddling for future elections so that nothing can happen in future elections.610

emptywheel’s Mueller Report coverage

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

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. 

Three Things: Big Day, Big Top

[NB: Check the byline, thanks. /~Rayne]

It’s going to be a big day under the big top. Attorney General Bill Barr has planned quite the circus, beginning right now with his so-called press conference. But first, three things, one of which includes hygiene for the day ahead.

~ 3 ~

Let’s face it: it’s Maundy Thursday, the weather in West Palm Beach is supposed to be partly sunny tomorrow and Saturday, and sunny on Easter Sunday. Which means Trump will likely be on Air Force One this afternoon, winging his way to Mar-a-Lago and the promise of golf at one of his courses because that’s about all he can focus on for more than the time it takes to send a tweet.

This is likely why he wants to award the Presidential Medal of Freedom to golfer Tiger Woods after winning his latest green jacket at The Masters this past weekend. Trump said,

So shallow and self-centered, recognizing a fellow marital cheat and a golfing buddy, one who designed a Trump-branded golf course in Dubai.

And yet par for this pathetic hole.

~ 2 ~

I don’t write often about Trump-Russia because it’s Marcy’s beat — there’s little she hasn’t scrutinized and picked apart during the course of the Special Counsel’s investigation. But this one thing has stuck in my craw, especially after all the hubbub this past week about Julian Assange’s removal from the Ecuadoran embassy and arrest by Metropolitan Police-UK.

It’s in this email exchange from October 2016, about WikiLeaks’ 10th anniversary when Assange was supposed to have made a big announcement and didn’t. The following

Tuesday, October 4, 2016
FROM: Steve Bannon
TO: Roger Stone
EMAIL:

What was that this morning???

Tuesday, October 4, 2016
FROM: Roger Stone
TO: Steve Bannon
EMAIL:
Fear. Serious security concern. He thinks they are going to kill him and the London police are standing done.

However —a load every week going forward.

Roger stone

Tuesday, October 4, 2016
FROM: Steve Bannon
TO: Roger Stone
EMAIL:

He didn’t cut deal w/ clintons???

Why did former Trump campaign chief executive and former White House adviser Steve Bannon express surprise that Assange hadn’t cut a deal with the Clintons?

Was it a given that Assange would have attempted to extort money from one or both of the Clintons to halt the release of hacked emails?

Why would Bannon in particular have thought this? Was it common knowledge in certain circles that Assange would use blackmail? Or has blackmail been one of the other unaddressed methods by which targets have been compromised and evidence simply hasn’t been shared because it’s classified?

Did Special Counsel’s Office ask any member of the Clinton campaign or Bill Clinton or any Clinton family support staff whether they had been contacted about hacked materials in an attempt to extort money or performance from them?

It seemed like odd hyperbole at the time in early August 2016 that Assange would accuse Hillary Clinton of electoral extortion, claiming she tried to scare the electorate into voting for her. But was it really a form of projection to muddle possible leaks about other extortion attempts? (Yes, the source at that link above is a right-wing outlet, but that’s the point: they carried water for this effort.)

Ecuadoran official said they are investigating whether Assange attempted to blackmail President Moreno. It looks more like a pattern of behavior based on WikiLeaks’ handling of Vault 7 and if Bannon’s email assumed an earlier attempt on the Clintons

~ 1 ~

Okay, I’ll skip a third non-Barr report item because we’re all a little short on patience. If you need something to preoccupy your time you can focus on taking action.

See Celeste_pewter’s Twitter thread for calls you can make, or check her TinyLetter site; once again she’s done the heavy lifting and prepared scripts for you.

She’s also laid out the anticipated schedule today for AG Barr’s three-ring circus:

9:30 AM: Barr and Rosenstein will hold a press conference on Mueller report

(Mueller not in attendance)

10:30 AM (approx): Trump will issue a rebuttal

11:00 – 12:00 PM: DOJ will provide hard copies of the report to Congress

TBD: Trump MAY give a press conference at this point

2:00 PM (approximate): Report posted on special counsel website (https://www.justice.gov/sco)

I’m setting up a list in my Twitter account to follow folks for analysis and feedback on the Trump-Russia investigation including today’s Barr report.

(And yes, I’m calling it the ‘Barr report’ because the method of its reception will have been substantially shaped by Barr.)

~ 0 ~

Lastly, the matter of hygiene: this site will be busy. Trolling may be heavy depending on what’s visible in the report and what is pointed out by Marcy in particular. If the site bogs down, please be patient.

If necessary, reach one of us via Twitter though you may not get an immediate response because we’re going to be busy.

Moderation will be firm and aggressive. We don’t have time for temper tantrums, trolling, or for internecine squabbles.

Keep all off topic discussion to this thread; if it gets too deep, like more than 200 comments, I will open a new thread for off topic material. Posts Marcy opens related to the report should remain on topic.

This is going to be a long day. Pace yourselves. Drink water regularly. Take a break from social media when you’re getting worked up. Digest this pile of elephant one bite at a time.

We have plenty of time after the circus’s acts have finished to sweep up and dig through the animal poo they leave behind.

This is an open thread.

The Facts: There Is No Crisis and No Emergency, Just Trump’s Campaign

[NB: Check the byline. /~Rayne]

After mixing it up with a old conservative over spring break — someone who doesn’t watch Fox News but spends too much time with people who do — it’s clear Trump’s and Fox’s lies have deeply infected right-wing minds.

They believe Trump’s falsehoods about a crisis at the border, that there was reason for Trump to declare an emergency.

They’re also incapable of fact checking. They’re authoritarians and believe whatever current authority figure tells them; the motivation to validate authority doesn’t exist.

They appear unable to analyze what they do see to make an independent assessment of their own. It doesn’t occur to them to ask, What would be so bad a family with toddlers and infants would flee their home, walking over a thousand miles for more than a month and through a desert to escape?

They’re sheep — our country is regressing under the leadership of fascist sheep.

I wanted to cram a bunch of facts in this conservative’s head but I honestly don’t know if they’d bother to read anything I gave them because I’m not a Fox talking head.

~ ~ ~
Fact: Trend data from DHS’ Customs and Border Patrol (CBP) about so-called illegal immigrants border crossings indicates it has trended lower over the last 15 years:

(source: U.S. Customs and Border Patrol Nationwide Illegal Alien Apprehensions Fiscal Years 1925-2018 pdf)

From another perspective there is no migrant crisis, shows Washington Office on Latin America (WOLA) in this graph using CBP’s own data:

Fact: Trend data graphed by Pew Research drawn from DHS’ Customs and Border Patrol (CBP) about the so-called wave of asylum seekers Trump has called animals in his eliminationist rants reveals a wave of family units migrating from Central America, not Mexico:

Fact: Instead of performing a root cause analysis to determine why families and unaccompanied minors are so desperate to enter the U.S. to seek asylum, Trump wants to cut funding to Central American countries, which will exacerbate the underlying problems internal to the affected countries.

Fact: The largest number of families and children reaching the border came from Guatemala, fleeing crime and drought.

Fact: Guatemala’s volatility may have been exacerbated by multiple volcanic eruptions in 2018, affecting at least two million Guatemalans. The plume from a June eruption was visible from space:

Fact: Many Hondurans fleeing to the U.S. are also fleeing crime and violence; women in particular are fleeing because femicide has been a growing epidemic during the last six years, 95% of which has gone unpunished.

Fact: The U.S. ratified the U.N. protocol to the Convention Relating to the Status of Refugees in 1968. This expressed the country’s intent to acknowledge and recognize the rights of asylum seekers. The U.S. has not retracted its ratification.

Fact: Asylum seekers can request asylum under Title 8 U.S. Code § 1158, on either side of the border:

(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

Fact: Trump said “the system is full, can’t take you any more,” which is in opposition to U.S. law on asylum.

Fact: Until it became legal problem for the Trump organization, Trump’s golf courses hired undocumented workers from Central America, some of them for years. This illegal hiring practice, out of compliance with decades-long rules about screening hirees, didn’t become an issue until Trump wanted to use DACA and Temporary Protected Status as a bargaining chit to obtain funding for his “fucken wall” during the government shutdown.

Fact: El Paso, Texas, isn’t in a state of crisis; its mayor attests to this, and asked Trump to stop lying about it. But Trump wanted to shut down the border at El Paso altogether because of his lie that the border is in crisis.

Fact: When told that closing the border as he requested would cause serious damage to the U.S. economy by throttling free trade, Trump said, “I don’t care.

Fact: Trump has insisted that families be separated at the border because he believes it will discourage them from seeking asylum in the U.S.

Fact: Trump, “ranting and raving” at White House and DHS staff, stressed the “border is my issue” while issuing unlawful orders to separate families at the border. He isn’t following through on carefully considered policy but on a campaign issue — one from 2016, and now one for the 2020 race.

~ ~ ~
The bottom line: Trump both as president and as a business owner has violated federal law.

He has done so, deliberately employing cruelty and at cost of human lives, in order to fulfill a campaign promise in 2016, as a campaign theme in 2018 to assist the GOP in mid-terms, and as a campaign stunt for re-election in 2020. As he said, the “border is my issue.”

He has issued unlawful orders as part of his ongoing campaigning under influence of former adviser anarchist Steve Bannon and white nationalist Stephen Miller, a current White House adviser.

The Republican Party aids and abets this — endorses this — as political practice as long as it fails to check the de facto leader of their party. Cruelty and indifference to non-white, non-English-speaking people including infants and families is now their brand along with disregard for treaties and laws.

In doing so, the Republican Party destroys any pretensions to legitimacy if it supports systematic unlawful behavior.

We need to ask if it is now fact that there is no Republican Party.

The Roger Stone Indictment Proves Barr’s Memo Understates Trump Flunkies’ Complicity

I’ve made this point implicitly a few times, but it bears making explicitly. We have proof that Bill Barr’s memo spins the known contents of the Mueller Report to minimize the complicity of Trump’s flunkies. That’s because we can compare what we know about Roger Stone’s efforts to optimize the release of the emails Russia stole with the language used in the memo.

As alleged in sworn statements and his indictment, Stone’s actions include at least the following:

  • Around July 19, 2016: Fresh off dining with some Brexiteers, Stone calls Trump and tells him, “within a couple of days, there would be a massive dump of emails that would damage Hillary Clinton’s campaign,” to which Trump responds, “wouldn’t that be great.”
  • After July 22: A senior Trump campaign official “was directed” (the indictment doesn’t say by whom) to figure out from Stone what else would be coming
  • July 25: Stone emails Jerome Corsi and asks him to “get the pending WikiLeaks emails”
  • August 2: Corsi writes back and reflects knowledge that the emails would include Podesta ones and there would be two email drops, one shortly after he returned and one in October
  • October 4: After Assange has a press conference but doesn’t release any emails, Steve Bannon emails Stone and asks what happened, and Stone replies that WikiLeaks will release “a load every week going forward”
  • October 7: As the Podesta emails start to come out right after the Access Hollywood video — timing that Jerome Corsi has claimed Stone helped ensure — a Bannon associate texts Stone and says, “well done”

Now, none of that was itself charged as a crime. Stone was not charged with conspiring with WikiLeaks. But then, short of making an argument that WikiLeaks is a known agent of Russia — which the US government has never done — optimizing the WikiLeaks release is not a crime. But assuming that Corsi is correct that Stone got WikiLeaks to hold the Podesta release to dampen the impact of the Access Hollywood video, it is absolutely coordination. And even according to Stone — who believed Trump needed to avoid alienating women to win — dampening the release of the video influenced the election.

Now consider how this behavior falls into Barr’s supposed exoneration of Trump campaign involvement in the hack-and-leak.

First, there’s Barr’s truncated citation of a Mueller Report sentence. [my emphasis throughout]

As the report states: “[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.”

Then a footnote defining what the word “coordinated” means in that sentence.

In assessing potential conspiracy charges, the Special Counsel also considered whether members of the Trump campaign “coordinated” with Russian election interference activities. The Special Counsel defined “coordinated” as an “agreement–tacit or express–between the Trump Campaign and the Russian government on election interference.”

Finally, there’s Barr’s own version.

The second element involved the Russian government’s efforts to conduct computer hacking operations designed to gather and disseminate information to influence the election. The Special Counsel found that Russian government actors successfully hacked into computers and obtained emails from persons affiliated with the Clinton campaign and Democratic Party organizations, and publicly disseminated those materials through various intermediaries, including WikiLeaks. Based on these activities, the Special Counsel brought criminal charges against a number of Russian military officers for conspiring to hack into computers in the United States for purposes of influencing the election. But as noted above, the Special Counsel did not find that the Trump campaign, or anyone associated with it, conspired or coordinated with the Russian government in these efforts, despite multiple offers from Russian-affiliated individuals to assist the Trump campaign.

The exoneration for coordination in Mueller’s language, at least, extends only to the Trump campaign, not to rat-fuckers working on the side (one of the things Mueller reportedly asked a lot of witnesses was precisely when and why Stone left the campaign). And at least according to this language, Mueller’s assessment of coordination extended only to coordination with the Russian government. So even if Mueller and the US government are getting close to labeling WikiLeaks a Russian entity, it still wouldn’t count for this assessment. Unsurprisingly, Barr relies on that language to give the Trump campaign a clean bill of health on the hack-and-leak side.

Most cynically, though, even after Barr acknowledges that the Russians used WikiLeaks to disseminate the stolen emails, the very next sentence doesn’t mention the charges Mueller brought against Stone for hiding his own (and through him, the campaign’s, including Donald Trump’s) coordination of the releases “for purposes of influencing the election.”

But we know Stone’s indictment has to be in the report. That’s because the report, by regulation, must list all Mueller’s prosecutorial decisions. So not only would Mueller describe that he indicted Stone, but he probably also explains why he didn’t include a conspiracy charge in Stone’s indictment (which probably relates primarily to First Amendment concerns, and not any illusions about WikiLeaks’ willing service for Russia on this operation). So it must be in the report. But Barr doesn’t mention that, indeed, the Trump campaign, through their associated rat-fucker, did actually coordinate on the hack-and-leak and did actually influence the election by doing so, they just didn’t coordinate directly with the Russian government.

On this matter, it’s crystal clear that Barr cynically limited his discussion of the report to obscure that Mueller had, indeed, found that the campaign “coordinated” on the hack-and-leak for purposes of influencing the election.

Barr has already demonstrated bad faith in his representation of Mueller’s findings. Which is why it is so alarming that — according to an uncharacteristically alarmed Peter Baker — DOJ plans to write a summary of Mueller’s report for Congress, not send over a redacted version of it.

Mueller’s full report has yet to be released, and it remained unclear if it ever would be. House Democrats have demanded that it be sent to them by next Tuesday, but the Justice Department outlined a longer schedule, saying that it will have its own summary ready to send to lawmakers within weeks, though not months.

Barr has already failed the test of whether he can summarize Mueller’s results in good faith.

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. 

Mueller Has More Discovery on Roger Stone Alone than the Entire Trump Campaign Turned Over

I want to compare a detail from a Roger Stone filing with the flyer that John Dowd released last year to snooker the press into believing that Trump had been more cooperative than any other President before (which I debunked here).

As one measure of Trump’s purported cooperation, Dowd bragged just over a year ago about how much the White House had reviewed and turned over and how much Trump’s campaign had turned over. He provided those numbers in pages.

In all, the White House provided over 20,000 pages to the Special Counsel in connection with the categories of material identified (over 100,000 pages of documents were reviewed by the White House).

[snip]

In all, over 1.4 million pages of documents were produced to the Special Counsel by the Campaign.

I made some effort last year to chase down what that number, 1.4 million, meant, but none of the people I asked were able to explain it.

Whatever the number means, however, it compares badly with what Mueller has collected on Stone. According to Stone’s lawyers, there are already 2.23 million pages of documents in discovery ready to go, with terabytes more still being prepared for review.

The defense’s ediscovery vendor identified approximately 2.23 million pages of “Load Ready” data provided by the government, including the “Hot Documents” identified, without warranty, by the government. There is approximately another 4.5 Terabytes of “Non-Load” ready data provided by the government that is in the process of being filtered and prepared for review.

The stuff still being filtered may be what FBI seized when they arrested Stone in January. If that’s right, it means that just on what Mueller had collected without raiding Stone’s home, he already had 35% more volume than the entirety of what the Trump campaign congratulated itself for turning over to Mueller.

Admittedly, the “hot documents” — the ones that go to the core of the case — are likely a far smaller subset (and will overlap to the extent that people on the campaign, like Steve Bannon, were talking to Stone about WikiLeaks releases). But the numbers at least put some perspective on how much smoke John Dowd was blowing last year when he pretended that his client was being all that forthcoming with the Special Counsel.

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. 

Two Details That Many Are Missing in/about the Stone Indictment

I’ve been traveling most of the day to get out of the Midwest before the snow and record low temperatures show up, and will be buried for three days working on things that have nothing to do with any investigation Mueller has been involved in since 2013.

But I do want to add two details to the parlor game going on about whether or not the Roger Stone indictment is the tip of a conspiracy-burg or evidence there’s no there there. Joyce White Vance argues that Mueller charged Stone the way he did to hide the rest of the conspiracy prosecution.

Why didn’t Mueller charge Stone with conspiracy? The rules in federal cases require that prosecutors provide defendants with broad discovery. By indicting Stone on a fairly narrow set of charges, Mueller limits what has to be disclosed & can protect ongoing investigation.

Randall Eliason offers a respectable version of the argument that the indictment suggests there won’t be a conspiracy case.

There have always been at least two possible end games for the Mueller investigation. He could uncover evidence of a widespread criminal conspiracy between the Trump campaign and Russians to influence the election. Or he could conclude that the campaign’s numerous documented interactions with Russians seeking to help Trump win were not criminal, but people close to Trump lied to cover up those interactions because revealing them would have been politically devastating.

Stone’s indictment falls into the coverup category. Mueller may have evidence of the broader conspiracy, and more charges may well be coming. But every case like Stone’s, or those against former campaign manager Paul Manafort, that is filed without charging a conspiracy with the Russians makes it seem more likely that criminal charges brought by the special counsel will end up being primarily about the coverups.

Andy McCarthy offers a less respectable version of the same.

Neither Eliason nor McCarthy account for one of the only new details in the indictment, showing that an unidentified Steve Bannon associate congratulated Stone on October 7.

On or about October 7, 2016, Organization 1 released the first set of emails stolen from the Clinton Campaign chairman. Shortly after Organization 1’s release, an associate of the high-ranking Trump Campaign official sent a text message to STONE that read “well done.” In subsequent conversations with senior Trump Campaign officials, STONE claimed credit for having correctly predicted the October 7, 2016 release.

This detail shows that the Trump campaign at least believed that Stone succeeded in getting WikiLeaks to drop the John Podesta emails to distract attention from the Access Hollywood video, which in turn is consistent with a claim Jerome Corsi made about Stone having advance knowledge of the Access Hollywood video and that he and Stone succeeded in timing the email release.

 Corsi wrote in his forthcoming 57,000-word book that he told Zelinsky that Stone told him in advance that the “Access Hollywood” tape would be released.

He wrote that “although I could not remember exactly when Roger told me, or the precise substance of the discussion, I remembered Roger told me before the Washington Post went to press with the Billy Bush tape that the tape was coming and that it would be a bombshell.”

Corsi said he had three phone calls with Stone in the hours before the release of the tape.

“I know nothing about that, either does Jerry Corsi,” Stone told TheDCNF. When asked why Corsi might be motivated to make a false claim, Stone said: “He’s saying this because the prosecutors induced him to say it.”

Corsi also wrote that Zelinsky revealed that prosecutors had evidence of an email exchange between he and Stone “in which Stone expressed pleasure that Assange had released the Podesta emails as instructed.”

Corsi said he replied that he and Stone “should be given credit” for the release.

While Stone disputes Corsi’s claim and Corsi feigns forgetfulness about precisely what happened, by including a communication showing Stone getting credit for the timing, Mueller is suggesting that Corsi is right — and that he has credible, corroborating evidence to prove it.

That’s more coordination — between Corsi and Stone, but more importantly between some go-between and WikiLeaks — than would be the case if Stone’s indictment were all Mueller had. It would put Stone and Corsi in a conspiracy with WikiLeaks and their go-between(s).

Then there’s this detail from the motion to seal Stone’s indictment that no one has yet offered a full explanation for (indeed, most of the reports that noted that Amy Berman Jackson had been assigned the case didn’t explain this detail at all).

Someone — and it would almost certainly have to be the prosecutors (including one who, DC US Attorney’s office prosecutor Jonathan Kravis, is on the internet Research Agency case),  — told the court that Stone’s namby pamby “process crime” is related to the big conspiracy case involving WIkiLeaks with a bunch of Russian hackers. (I’ve updated my running docket of Mueller and potentially related cases to reflect Stone’s indictment.) And while it’s true that Stone is described in the GRU indictment, he is not named in a way that the court would identify that by themselves. WikiLeaks shows up in both, but there’s no need to tie WikiLeaks cases together unless some defendant is going to show up to face prosecution (and WikiLeaks is does not take any of the overt acts described in the Stone indictment).

I don’t pretend to understand how this happened or what it all means. But there’s nothing about the Stone obstruction prosecution that would overlap with the evidence in the GRU indictment. And, as charged, the GRU indictment won’t be prosecuted at all until Julian Assange or someone else involved in it ends up in DC to face charges.

By all means, continue the parlor game. But at least explain how those two details fit into your theory of nothing-“berder” or grand conspiracy.

Update: By popular demand, I’m including the definition of a “related case” under DC’s local rules.

A related case for the purpose of this Rule means as follows:

(1) Criminal cases are deemed related when

(i) a superseding indictment has been filed, or

(ii) more than one indictment is filed or pending against the same defendant or defendants, or

(iii) prosecution against different defendants arises from a common wiretap, search warrant, or activities which are a part of the same alleged criminal event or transaction. A case is considered pending until a defendant has been sentenced.

Certainly, WikiLeaks is named as a co-conspirator in both. But it is not yet a defendant. Though both cases may rely on a wiretap targeting Wikileaks. Or perhaps Stone’s search warrant included his conversations with Guccifer 2.0, and so the other indictment.

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.