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The Transcript the Frothy Right Claims Exculpates George Papadopoulos Instead Probably Inculpates Him

Last Monday, Republican huckster lawyer Joe Di Genova promised — among other things — that the documents the frothy right has been promising will blow up the Russian investigation would be released Wednesday — that is, a week ago. The frothy right — which for some unfathomable reason is following sworn liar and all around dope George Papadpoulos like sheep — believes that a transcript of the interactions between him and Stefan Halper somehow includes evidence that undercuts the case that there was probable cause that Carter Page was an agent of a foreign power.

An exchange from Sunday, however, confirms that the transcript in question shows that Papadopoulos was actively lying in September 2016 about his ties to Russia. In an exchange with Papadopoulos, Maria Bartiromo confirmed that the transcript in question is the one on which the former Trump flunkie told Stefan Halper that working with Russia to optimize the release of emails stolen from Hillary would be treason.

Bartiromo said that she had spoken with Papadopoulos on Saturday night, during which he told her that the recorded conversation in question involves him and FBI informant Stefan Halper in September 2016. Papadopoulos allegedly pushed back against Halper’s suggestion that he or the Trump campaign would have wanted Russia to release the Democratic National Committee emails it hacked in 2016.

[snip]

Bartiromo then said that “George Papadopoulos told me last night” that the transcript Gowdy was referring to is from a conversation Papadopoulos had with Halper in London at the Sofitel Hotel in London where she recounted that, according to Papadopoulos, Halper questioned Papadopoulos, saying, “Russia has all of these e-mails of Hillary Clinton and you know, and when they get out that would be really good for you, right? That would be really good for you and the Trump campaign, if all those e-mails got out, right?”

But Bartiromo says Papadopoulos responded to Halper by saying “that’s crazy,” “that would be treason,” “people get hanged for stuff,” and “I would never do something like that.”

That means it’s the same transcript that Mark Meadows — questioning Papadopoulos about what he learned not from his lawyers (who said there was no misconduct with Papadopoulos) but from the John Solomon echo chamber — asks about here.

Mr. Meadows. You say a transcript exists. A transcript exists of that conversation?

Mr. Papadopoulos. That’s I guess what John Solomon reported a couple days ago.

Mr. Meadows. So are you aware of a transcript existing? I mean —

Mr. Papadopoulos. I wasn’t aware of a transcript existing personally.

Mr. Meadows. So you have no personal knowledge of it?

Mr. Papadopoulos. I had no personal knowledge, no.

Mr. Meadows. But you think that he could have been recording you is what you’re suggesting?

Mr. Papadopoulos. Yes.

Mr. Meadows. All right. Go ahead.

Mr. Papadopoulos. And after he was throwing these allegations at me, I —

Mr. Meadows. And by allegations, allegations that the Trump campaign was benefiting from Hillary Clinton emails?

Mr. Papadopoulos. Something along those lines, sir. And I think I pushed back and I told him, I don’t know what the hell you’re talking about. What you’re talking about is something along the lines of treason. I’m not involved. I don’t know anyone in the campaign who’s involved. And, you know, I really have nothing to do with Russia. That’s — something along those lines is how I think I responded to this person.

By Papadopoulos’ own memory, he said three things in a mid-September meeting with Stefan Halper:

  1. He didn’t know anything about the Trump campaign benefitting from Hillary Clinton emails
  2. He believed if he did know about such a thing, it would amount to treason
  3. “I really have nothing to do with Russia”

Papadopoulos pled guilty, under oath, with the advice of counsel who knew the contents of this interview, that in fact he did know about the Trump campaign benefitting from Hillary Clinton emails, because he had been told about it in April 2016. So that’s one lie that this supposed exculpatory transcript records him telling.

I’m more interested in the second lie: that he “really has nothing to do with Russia.”

He made that statement sometime around September 16, 2016, in London. A month earlier, Papadopoulos had very different plans for a mid-September trip to London. He planned a meeting in London with the “Office of Putin,” that would hide any formal tie with the campaign.

The frothy right makes much of the fact that that meeting, as far as we know, did not take place. Though there is a written record of Sam Clovis — who probably was not entirely forthcoming in a grand jury appearance — encouraging Papadopoulos and Walid Phares to pursue such a meeting if feasible. More importantly, a year later, at a time when he was purportedly cooperating, Papadopoulos refused to cooperate in transcribing these notes, meaning he was still covering up the details about the fact that as late as mid-August the Trump campaign had plans to have a secret meeting at precisely the same time and in the same place that this Halper transcript was recorded.

Papadopoulos declined to assist in deciphering his notes, telling investigators that he could not read his own handwriting from the journal. Papadopoulos 9/19/17 302, at 21. The notes, however, appear to read as listed in the column to the left of the image above.

Worse still, Papadopoulos continued to show great enthusiasm for Russia even after the meeting where he claimed he “really has nothing to do with Russia.” He proudly alerted Joseph Mifsud of his September 30 column attacking sanctions against Russia.

On or about October 1, 2016, PAPADOPOULOS sent Mifsud a private Facebook message with a link to an article from Interfax.com, a Russian news website. This evidence contradicts PAPADOPOULOS’s statement to the Agents when interviewed on or about January 27, 2017, that he had not been “messaging” with [Mifsud] during the campaign while “with Trump.”

This column led the Trump campaign to sever ties with Papadopoulos.

Papadopoulos was dismissed from the Trump Campaign in early October 2016, after an interview he gave to the Russian news agency Inter/ax generated adverse publicity.492

492 George Papadopoulos: Sanctions Have Done Little More Than to Turn Russia Towards China, Interfax (Sept. 30, 2016).

And in spite of claiming he had “nothing to do with Russia” sometime in mid-September, immediately after the election Papadopoulos pursued deals with Russia, via Sergei Millian.

On November 9, 2016, shortly after the election, Papadopoulos arranged to meet Millian in Chicago to discuss business opportunities, including potential work with Russian “billionaires who are not under sanctions.”511 The meeting took place on November 14, 2016, at the Trump Hotel and Tower in Chicago.512 According to Papadopoulos, the two men discussed partnering on business deals, but Papadopoulos perceived that Millian’s attitude toward him changed when Papadopoulos stated that he was only pursuing private-sector opportunities and was not interested in a job in the Administration.5 13 The two remained in contact, however, and had extended online discussions about possible business opportunities in Russia. 514 The two also arranged to meet at a Washington, D.C. bar when both attended Trump’s inauguration in late January 2017.515

In short, the transcript (if it reflects Papadopoulos claiming he had nothing to do with Russia) is not exculpatory. On the contrary, it’s proof that Papadopoulos lied about at least two of three things Halper grilled him about.

The frothy right doesn’t seem to care that this transcript proves Papadopoulos lied, even before he knew he was under legal scrutiny for ties to Russia he continued to pursue even after being questioned about them.

The frothy right is using it differently. Trey Gowdy claims the transcript proves that the FBI was questioning “Trump campaign officials” (Papadopoulos was never paid by the campaign and would be “fired” two weeks later for his open enthusiasm for sanctions relief) about the campaign.

Gowdy told Bartiromo that this transcript “certainly has the potential to be” a game changer and said that he was “lost” and “clueless” as to why it hadn’t been made public yet, stating that he didn’t think it contained any information that would have an impact on relationships with our allies.

Gowdy further said that the transcripts would show “what questions [the FBI] coached the informants or the cooperating witnesses to ask of the Trump campaign officials” and implied that the questions would show that the FBI had been targeting the Trump campaign rather than simply attempting to combat Russian election interference.

Gowdy claimed that if the transcripts showed that the FBI was “veering over into the campaign or your [the FBI’s] questions are not solely about Russia, then you [the FBI] have been misleading us for two years.”

Here’s how that belief looked when Mark Meadows first mainstreamed it last fall.

Mr. Meadows. So essentially at this point, he was suggesting that there was collusion and you pushed back very firmly is what it sounds like.

Mr. Papadopoulos. That’s what I remember, yes.

Mr. Meadows. Okay. And then what did he do from there?

Mr. Papadopoulos. And then I remember he was — he was quite disappointed. I think he was expecting something else. There was a —

Mr. Meadows. So he thought you would confirm that you were actually benefiting from Hillary Clinton’s email dump?

Mr. Papadopoulos. Perhaps that’s why he was disappointed in what I had to tell him, which was the truth.

Mr. Meadows. So you have no knowledge — you’ve already testified that you have no personal interaction, but you have no knowledge of anybody on the campaign that was working with the Russians in any capacity to get these emails and use them to the advantage. Is that correct?

Mr. Papadopoulos. That’s absolutely correct.

Mark Meadows is pretty dumb. But this line of questioning is pretty shrewd (and may show some awareness of details that were not, at this point, public). His purportedly slam dunk question, proving misconduct, is whether Papadopoulos — who has, at times, been referred to as a “coffee boy” and was not a paid member of the campaign — had personal interaction or “knowledge of anybody on the campaign [] working with the Russians in any capacity to get these emails and use them to the advantage.”

Papadopoulos claimed he did not have that knowledge.

But we know that by the time this meeting with Halper happened, Donald Trump had ordered his top campaign aides to get Roger Stone to reach out to WikiLeaks to “get these emails and use them to the advantage.” Not Russia directly, not anybody still with the campaign, but the campaign did in fact try to “get these emails and use them to the advantage,” which is how Mark Meadows defines “collusion.” In short, this slam dunk exchange defines “collusion” to be precisely what Trump asked his aides to ask his rat-fucker to accomplish.

The Mike Flynn cooperation addendum makes it clear that, “only a select few people were privy” to the discussions about optimizing the WikiLeaks releases. The candidate’s campaign manager was privy to those discussions. The deputy campaign manager was privy to those discussions. The candidate’s top national security advisor was privy to them. The candidate’s rat-fucker was entrusted with those efforts. The candidate himself pushed this effort and got communication back about it.

But the coffee boy was not privy to those discussions.

Finally, let’s turn to the really bizarre part of what is supposed to be a smoking gun.

Trey Gowdy claims to believe that a transcript showing that Papadopoulos was lying to hide his ongoing ties with Russia in September 2016 — the contents of which Papadopoulos’ lawyers appear to have known about, which did not persuade them any misconduct had occurred with their client — should have been disclosed to the FISA Court for an application targeting Carter Page.

Gowdy also claimed that the potentially exonerating info was misleadingly concealed from the Foreign Intelligence Surveillance Court by the FBI, and that this is not the only mysterious transcript yet to be released.

Now, I could be wrong about this. After all, Trey Gowdy is one of the few people who has reviewed the unredacted Page warrant, though in the past has said there was clearly enough evidence to justify the warrant, something the Mueller Report substantiates (in part by making clear that Page told the FBI he’d happily provide non-public information to known Russian spies). But it appears that Papadopoulos appears in Page’s FISA application because events he swore under oath happened suggest that Russia was trying to reach out to the Trump campaign (for which there is abundant evidence), in part by offering energy deals (which is one thing Papadopoulos was still chasing even after November 2016), and there was reason to believe both Papadopoulos and Page had gotten advanced notice of the July 22 DNC email drop.

  • FBI targeted Page because they believed Russia was recruiting him as part of their effort to influence the outcome of the election (4)
  • Trump named both Page and Papadopoulos as advisors in March 2016 (6)
  • What the FBI knew so far of Papadopoulos’ activities [and other things] led the FBI to believe that Russia was not just trying to influence the outcome, but trying to coordinate with Trump’s campaign as well (9)
  • Russia has recruited Page in the past (12-14)
  • [Redacted section that probably explains that Page had told the FBI that he thought providing information to people he knew were Russian intelligence officers was beneficial for both countries and, after he showed up in the Buryakov complaint, he told Russia he had not cooperated with the FBI] (14-15)
  • In addition to allegedly meeting with Sechin and discussing eliminating sanctions, he met with someone assumed to be Igor Nikolayevich Divyekin, also “raised a dossier of ‘kompromat’ that the Kremlin had” on Clinton and the possibility of it being released to Trump’s campaign (18)
  • After those July meetings, Trump appeared to change his platform and publicly announced he might recognize Crimea (21)
  • Once these details became public, the Trump campaign not only denied Page had any ongoing connection to the campaign, but denied he ever had, which was false (24)

Some of those allegations about Page — specifically about whether he was alerted to kompromat harming Hillary when he was in Moscow in July 2016 — may not be true (though Mueller concluded that it remained unresolved). But they were true about Papadopoulos.

Establishing proof that Papadopoulos was lying to people about his ties to Russia in the weeks before his role was included in a FISA application doesn’t really make his inclusion exculpatory. On the contrary, it makes it more justifiable.

The frothy right is so spun up by con man George Papadopoulos that they have run to the TV cameras and claimed that a transcript that shows Papadopoulos was lying to hide his ongoing efforts to establish ties with Russia was in some way exculpatory. I mean, sure, Bill Barr might believe this tale. But no one else should.

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. 

Michael Cohen’s HPSCI Testimony Proves Trump Lied in his Answers to Mueller

Yesterday, the House Intelligence Committee released transcripts of Michael Cohen’s February 28 and March 6 testimony before the committee. Together they’re utterly damning for a bunch of reasons:

  • GOPers (with former US Attorney John Ratcliffe incompetently replacing Trey Gowdy as their designated “adult”) thought they could prove that Cohen hadn’t been offered a pardon, but proved the opposite; on top of looking like blithering idiots, it basically put them in the position of laying out proof of — then shrugging away — crime after Trump crime
  • As I anticipated at the time, Cohen makes clear that any Joint Defense Agreement involving him lasted only so long as Trump believed Cohen could hurt him
  • On top of providing details about the editing of his false statement, Cohen lays out how in conversations before the first draft, Jay Sekulow got him to shorten the timeframe of the Moscow Trump Tower deal
  • Cohen confirmed that — as I laid out in January — there was a gap in the documents shared with HPSCI necessary to sustain the false story

Perhaps most surprising, though, Cohen’s testimony establishes that Trump lied to Robert Mueller in his sworn answers.

Trump’s responses on Trump Tower questions were the least responsive of his many non-responsive answers

Far too little attention has been focused on Trump’s downright contemptuous responses to Mueller’s questions, many of which conflict with the testimony of numerous loyal Trump people. Worst of all were Trump’s response to seven questions on the Trump Tower deal.

a. In October 2015, a “Letter of Intent,” a copy of which is attached as Exhibit B, was signed for a proposed Trump Organization project in Moscow (the “Trump Moscow project”).

i. When were you first informed of discussions about the Trump Moscow project? By whom? What were you told about the project?

ii. Did you sign the letter of intent?

b. In a statement provided to Congress, attached as Exhibit C, Michael Cohen stated: “To the best of my knowledge, Mr. Trump was never in contact with anyone about this proposal other than me on three occasions, including signing a non-binding letter of intent in 2015.” Describe all discussions you had with Mr. Cohen, or anyone else associated with the Trump Organization, about the Trump Moscow project, including who you spoke with, when, and the substance of the discussion(s).

c. Did you learn of any communications between Michael Cohen or Felix Sater and any Russian government officials, including officials in the office of Dmitry Peskov, regarding the Trump Moscow project? If so, identify who provided this info1mation to you, when, and the substance of what you learned.

d. Did you have any discussions between June 2015 and June 2016 regarding a potential trip to Russia by you and/or Michael Cohen for reasons related to the Trump Moscow project? If yes, describe who you spoke with, when, and the substance of the discussion(s).

e. Did you at any time direct or suggest that discussions about the Trump Moscow project should cease, or were you informed at any time that the project had been abandoned? If yes, describe who you spoke with, when, the substance of the discussion(s), and why that decision was made.

f. Did you have any discussions regarding what information would be provided publicly or in response to investigative inquiries about potential or actual investments or business deals the Trump Organization had in Russia, including the Trump Moscow project? If yes, describe who you spoke with, when, and the substance of the discussion(s).

g. Aside from the Trump Moscow project, did you or the Trump Organization have any other prospective or actual business interests, investments, or arrangements with Russia or any Russian interest or Russian individual during the campaign? If yes, describe the business interests, investments, or arrangements.

In response, Trump wrote three paragraphs.

Response to Question III, Parts (a) through (g)

Sometime in 2015, Michael Cohen suggested to me the possibility of a Trump Organization project in Moscow. As I recall, Mr. Cohen described this as a proposed project of a general type we have done in the past in a variety of locations. I signed the non-binding Letter of Intent attached to your questions as Exhibit B which required no equity or expenditure on our end and was consistent with our ongoing efforts to expand into significant markets around the world.

I had few conversations with Mr. Cohen on this subject. As I recall, they were brief, and they were not memorable. I was not enthused about the proposal, and I do not recall any discussion of travel to Russia in connection with it. I do not remember discussing it with anyone else at the Trump Organization, although it is possible. I do not recall being aware at the time of any communications between Mr. Cohen or Felix Sater and any Russian government official regarding the Letter of Intent. In the course of preparing to respond to your questions, I have become aware that Mr. Cohen sent an email regarding the Letter of Intent to “Mr. Peskov” at a general, public email account, which should show there was no meaningful relationship with people in power in Russia. I understand those documents already have been provided to you.

I vaguely remember press inquiries and media reporting during the campaign about whether the Trump Organization had business dealings in Russia. I may have spoken with campaign staff or Trump Organization employees regarding responses to requests for information, but I have no current recollection of any particular conversation, with whom I may have spoken, when, or the substance of any conversation. As I recall, neither I nor the Trump Organization had any projects or proposed projects in Russia during the campaign other than the Letter of Intent.

The first paragraph is factually accurate. The last paragraph is correct (as far as we know) with respect to having no other proposed projects, but is utterly non-responsive to a question about the response to investigative questions (including these ones) regarding the project, in part because Trump only agreed to answer questions pertaining to the campaign period.

The middle paragraph, however, is inconsistent with the documentary record, but consistent with the false statement that Cohen is now sitting in prison for.

After Cohen pled guilty, Mueller offered Trump a chance to correct his testimony, but he refused

Because I get into why that is, consider that, in the wake of Cohen’s plea, Trump admitted to remembering that the deal may have gone through the end of the campaign (the LOI was only withdrawn after the election) and Rudy ran his mouth admitting that the project went through November. In response, Mueller asked follow-up questions.

In light of the President’s public statements following Cohen’s guilty plea that he “decided not to do the project,” this Office again sought information from the President about whether he participated in any discussions about the project being abandoned or no longer pursued, including when he “decided not to do the project,” who he spoke to about that decision, and what motivated the decision. 1057 The Office also again asked for the timing of the President’s discussions with Cohen about Trump Tower Moscow and asked him to specify “what period of the campaign” he was involved in discussions concerning the project. 1058 In response, the President’s personal counsel declined to provide additional information from the President and stated that “the President has fully answered the questions at issue.” 1059

1057 1/23/19 Letter, Special Counsel’s Office to President’s Personal Counsel.

1058 1/23/ 19 Letter, Special Counsel’s Office to President’s Personal Counsel.

1059 2/6/ l 9 Letter, President’s Personal Counsel to Special Counsel’s Office.

On this matter, then, Trump made comments to the public after submitting his responses to Mueller that made it clear his claims to not recall these matters were false. When Mueller gave him the opportunity to fix his testimony, he refused.

Part of Trump’s response exactly replicates the lies Cohen told, in a statement prepared with the input of Jay Sekulow, to Congress

With that in mind, consider the substance of that middle paragraph. It repeats the key lies that Cohen pled guilty to in December:

  • Trump and Cohen only have a few (three) conversations about the deal rather than ten or more
  • Trump did not know of any travel plans to Russia
  • Trump didn’t discuss the project with anyone else at Trump Org, including Ivanka and Don Jr
  • Cohen’s attempt to contact Dmitry Peskov in January 2016 was via a public email address and proved unsuccessful

Compare those lies with the three main lies Cohen pled guilty to.

  • The Moscow Project ended in January 201 6 and was not discussed extensively with others in the Company.
  • COHEN never agreed to travel to Russia in connection with the Moscow Project and “never considered” asking Individual 1 to travel for the project.
  • COHEN did not recall any Russian government response or contact about the Moscow Project.

Not knowing (or caring) that his former fixer was already cooperating with Mueller, Trump repeated precisely the same lies Cohen is now in prison for, did so under oath, and refused to fix those responses when given an opportunity to.

Cohen’s testimony, however, makes these lies even more damning.

The Trump Organization withheld the documents that would have made it clear Cohen was lying from the Committees

Again, as I noted back in January, there is no way that the lies Cohen told SSCI and HPSCI would have been sustainable if the committees had gotten all the documents they asked for. Specifically, three emails referenced in Cohen’s statement of the offense could not have been turned over to the committees without them figuring out he was lying.

On or about January 14, 2016 , COHEN emailed Russian Official 1’s office asking for assistance in connection with the Moscow Project.

On or about January 16, 2016, COHEN emailed Russian Official 1’s office again , said he was trying to reach another high- level Russian official, and asked for someone who spoke English to contact him.

On or about January 20, 2016, COHEN received an email from the personal assistant to Russian Official 1 (“Assistant 1”) , stating that she had been trying to reach COHEN and requesting that he call her using a Moscow-based phone number she provided.

Cohen’s story (and the one Trump submitted as his sworn testimony) is that he tried emailing Dmitry Peskov’s office just once, and that via a public email address. But as Mueller describes it — citing three emails from Cohen and one response from Peskov’s assistant Elena Poliakova — he wrote one email in which he fat-fingered the address for Peskov’s email, one to the general press line, and a second to Peskov’s email. In response, Poliakova wrote back, stating, “I can’t get through to both your phones. Pls, call me.”

On January 11, 2016, Cohen emailed the office of Dmitry Peskov, the Russian government’s press secretary, indicating that he desired contact with Sergei Ivanov, Putin’s chief of staff. Cohen erroneously used the email address “[email protected]” instead of “Pr [email protected] .ru,” so the email apparently did not go through.346 On January 14, 2016, Cohen emailed a different address ([email protected]) with the following message:

Dear Mr. Peskov, Over the past few months, I have been working with a company based in Russia regarding the development of a Trump Tower-Moscow project in Moscow City. Without getting into lengthy specifics, the communication between our two sides has stalled. As this project is too important, I am hereby requesting your assistance. I respectfully request someone, preferably you; contact me so that I might discuss the specifics as well as arranging meetings with the appropriate individuals. I thank you in advance for your assistance and look forward to hearing from you soon.347

Two days later, Cohen sent an email to [email protected], repeating his request to speak with Sergei Ivanov.348 Cohen testified to Congress, and initially told the Office, that he did not recall receiving a response to this email inquiry and that he decided to terminate any further work on the Trump Moscow project as of January 2016. Cohen later admitted that these statements were false. In fact, Cohen had received (and recalled receiving) a response to his inquiry, and he continued to work on and update candidate Trump on the project through as late as June 2016.349

On January 20, 2016, Cohen received an email from Elena Poliakova, Peskov’s personal assistant. Writing from her personal email account, Poliakova stated that she had been trying to reach Cohen and asked that he call her on the personal number that she provided.350 Shortly after receiving Poliakova’s email, Cohen called and spoke to her for 20 minutes.351

346 1/11/16 Email, Cohen to [email protected] (9: 12 a.m.).

347 1/14/16 Email, Cohen to [email protected] (9:21 a.m.).

348 1/16/16 Email, Cohen to [email protected] (10:28 a.m.).

349 Cohen Information ,i,i 4, 7. Cohen’s interactions with President Trump and the President’s lawyers when preparing his congressional testimony are discussed further in Volume II. See Vol. II, Section 11.K.3, infra.

350 1/20/1 6 Email, Poliakova to Cohen (5 :57 a.m.) (“Mr. Cohen[,] I can’t get through to both your phones. Pis, call me.”).

351 Telephone records show a 20-minute call on January 20, 2016 between Cohen and the number Poliakova provided in her email. Call Records of Michael Cohen After the call, Cohen saved Poliakova’s contact information in his Trump Organization Outlook contact list. 1/20/16 Cohen Microsoft Outlook Entry (6:22 a.m.).

The Poliakova email, by itself, would prove all the claims that Cohen got no response to be false.

As Cohen explained it, since he was no longer at Trump Organization anymore, he had to rely on Trump Org lawyers (probably Alan Garten) to comply with discovery requests. That probably means Garten is responsible for withholding the emails — particularly the Poliakova one — not just from Congress, but from Cohen.

Q Now, in your February 28th interview before this committee you mentioned that Alan Futerfas and Alan Garten, the two lawyers who were tied to The Trump Organization, were responsible for the document production that you produced to the committee in response to this committee’s May of 2017 subpoena. ls that accurate?

A That’s accurate.

[snip]

Q Do you have any information about why The Trump Organization would have withheld from this committee production of the January 141h, 2016, email from you to Peskov’s office?

A I do not.

Q Same question as to the January 161h, 2016, email from you to Peskov’s office regarding Sergei lvanov?

A I also do not.

Q Same question with regards to the January 20th,2016, email from Elena Poliyakova (ph)?

A I do not

THE CHAIRMAN: Mr. Cohen, what Mr. Mitchell is asking about is you’ve testified that the members of the joint defense agreement were aware that the written testimony that you were going to give to this committee was false. Documents that would have contradicted that timeline, namely, the three that Mr. Mitchell just referenced, were not produced to this committee. ls there any insight you can shed as to who might have been involved in withholding documentary evidence that would have contradicted your written false testimony?

MR. COHEN: Again, it would be other members of the joint defense team, but specifically at The Trump Organization level.

For reasons I’ll return to, Cohen was one of the only Trump people who got subpoenaed and therefore whose document compliance would be legally binding. But that means that Trump Org failed to comply with a subpoena issued not by Adam Schiff, but by Devin Nunes.

Cohen didn’t talk about these emails with Joint Defense Agreement lawyers, but he talked about the Poliakova one (and the follow-up call) with Trump

All that’s damning enough, especially since Trump claimed to Mueller that the documents turned over to his office would match his story (this is not the only sworn response where Trump falsely claimed the documentary record matches his testimony).

All the more so, though, because Trump is the one person that Cohen spoke to at Trump Org about receiving this Poliakova email (in addition to Felix Sater, who wrote the next day to say Putin’s office had contacted him, seemingly in response).

Indeed, immediately after his call with Poliakova, Cohen talked to Trump about how well versed she was on issues that mattered for their deal.

Q At what time did you speak to anyone at The Trump Organization about this email?

A About this specific email? I did not

Q Never?

A No. Well, actually, I apologize, that’s not true, I spoke to Mr. Trump about it.

Q When was that?

A That was after I had spoken to Ms. Poliyakova (ph).

[snip]

THE CHAIRMAN: And did I hear you to say that you spoke to Mr. Trump about your conversation with Mr. Peskov’s office?

MR. COHEN: Yes, with Ms. Poliyakova (ph).

THE CHAIRMAN: And was the conversation you had with Mr. Trump about that conversation with Ms. Poliyakova (ph) in person or by phone?

MR. COHEN: lt was in person.

THE CHAIRMAN: And how soon after your conversation with her on the phone did that take place?

MR. COHEN: Right afterwards.

THE CHAIRMAN: Can you tell us about the conversation you had with Ms Poliyakova (ph)?

MR. COHEN: I just found that she was very professional and her questions regarding the project were insightful. As an assistant, I was impressed, and I just made mention to him that I had spoken to an assistant for Peskov, and I was, again, incredibly impressed with her line of questioning regarding the project. And I made mention how nice it would be to have an assistant who asked such pertinent questions.

[snip]

THE CHAIRMAN: And by the detailed nature of her questions, you could tell that they knew a great deal about the project?

MR. COHEN: Yes.

THE CHAIRMAN: And what kind of questions did she have for you about the project?

MR. COHEN: The areas that obviously we would want to be building in. I don’t want to try to recollect the specific questions, but there were just very profess — they were very professional, talking about like the size of the project, the scope, length of time, where the construction crews were going to come from. I mean, it was a pretty insightful conversation.

Even if you buy that Trump forgot this conversation and the other seven he claims to have forgotten about a deal he very much wanted, you still need to explain why his responses, which allegedly account for the documentary evidence, nevertheless repeat the story that Cohen told based on a documentary record that Trump lawyers ensured was incomplete.

Given the great lengths Trump went to to not answer any of Mueller’s questions, it would take some doing for him to tell a demonstrable lie.

But he did just that with regards to the Trump Tower meeting — and refused to fix his testimony after he made it clear, publicly, that he had lied.

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. 

That Peter Strzok 302 Probably Comes from the Obstruction Case File

I’d like to provide a plausible explanation for questions about an FBI 302 released yesterday as part of the Mike Flynn sentencing.

As a reminder, after Flynn pled guilty, his case ultimately got assigned to Emmet Sullivan, who is laudably insistent on making sure defendants get any possible exonerating evidence, even if they’ve already pled guilty. On his orders, the government would have provided him everything early in 2018.

In Flynn’s sentencing memo submitted earlier this week, his lawyers quoted from an Andrew McCabe memo written the day of his interview and a 302 that they described to be dated August 22, 2017, a full 7 months after his interview. In predictable response, Sullivan instructed the government to provide that McCabe memo and the 302 cited by Flynn’s lawyers.

When the government submitted those two documents yesterday, they raised still more questions, because it became clear the 302 (which is what FBI calls their interview reports) in question was of an interview of Strzok conducted on July 19, 2017, drafted on July 20, and finalized on August 22. The 302 described that Strzok was the lead interviewer in Flynn’s interview, whereas his interviewing partner wrote up the 302.

This has raised questions about why we only got the Strzok 302, and not the original one cited by Strzok.

While I don’t have a full explanation, certain things are missing from the discussion.

Folks are misunderstanding what the 302 represents. It is not the 302 reporting the Flynn interview. Rather, it is a 302 “collect[ing] certain information regarding Strzok’s involvement in various aspects of what has become the Special Counsel’s investigation,” which he described to one Senior Assistant Special Counsel and an FBI Supervisory Special Agent, presumably one assigned to SCO. The 302 notes that Strzok wasn’t just involved in the investigation of Mike Flynn. While it redacts the names, it also lists the other parts of the investigation he oversaw.

We know he was involved in the Papadopoulos investigation, and it appears likely he was involved in the Page investigation, as well. Both this passage and the next one describes the people at DOJ that Strzok interacted with in these investigations, which is further evidence the purpose of this 302 is not to capture the interview, but instead to capture details about internal workings surrounding the investigation itself.

The part of this 302 that is unredacted makes up maybe a third of the substance of the 302, and it appears between almost full page redactions before and after the part describing the Flynn interview. Again, the other stuff must be as pertinent to the purpose of this 302 as the Flynn interview itself.

had thought the interview might be an effort by SCO to capture Strzok’s institutional knowledge in the wake of the discovery of his texts with Lisa Page as a way to prepare some other FBI Agent to be able to testify at trial. But the timing appears wrong. DOJ’s IG first informed Mueller about the texts on July 27, and he was removed from the team the next day (though not processed out of that clearance, according to this report, until August 11).

Strzok was assigned to lead the Russia investigation in late July 2016. 197 Page also worked on the Russia investigation, and told us that she served the same liaison function as she did in the Midyear investigation. Both Page and Strzok accepted invitations to work on the Special Counsel staff in 2017. Page told the OIG that she accepted a 45-day temporary duty assignment but returned to work in the Deputy Director’s office at the FBI on or around July 15, 2017. Strzok was removed from the Special Counsel’s investigation on approximately July 28, 2017, and returned to the FBI in another position, after the OIG informed the DAG and Special Counsel of the text messages discussed in this report on July 27, 2017. [my emphasis]

But the interview does line up temporally with other known events: Around the time Strzok was interviewed, both Rod Rosenstein and Sally Yates were interviewed in the obstruction case, interviews that would also result in 302s summarizing the interview. Jim Comey had already turned over his memos on meetings with Trump by that point; eventually he would be interviewed by Mueller as well, though it’s not clear when that interview (and correlating 302) was.

Yates and Comey are both among the people the 302 explicitly describes Strzok interacting with.

In other words, it seems likely that this 302 was designed to capture what Strzok knew about the internal workings of DOJ and FBI surrounding the Mike Flynn interview, and likely was focused on explaining the significance of Flynn’s lies and subsequent firing to the obstruction case. That is, this would have served to turn what Strzok learned as investigator into information Strzok had to offer as a witness, in the same way that Mueller would have had to turn what Comey and Rosenstein knew as supervisors into information relevant to their role as witnesses. It probably had the unintended benefit of capturing what Strzok knew about key parts of the investigation before he was indelibly tainted by the discovery of his text messages.

If this is the explanation, it raises questions about why we only got this 302, and not the original one.

There’s a very likely answer to that: that original 302 presumably didn’t include this detail, at least not in the easily quotable form that would serve Flynn’s political purposes.

Flynn has, as far as we know, gotten everything. His lawyers chose which of those documents to quote. And Judge Sullivan only ordered the government to produce these two (though invited them to submit anything else they wanted to, an invitation they did not take up).

But there’s another piece of evidence that there’s far less to this 302 than some are suggesting: because Republicans in Congress chased down this detail over the last year, and in their most recent incarnation of drumming up conspiracies about Flynn, in questioning Jim Comey just a week ago, Trey Gowdy did not focus on the question of the 302s produced, but instead tried to suggest that Flynn didn’t mean to lie.

Note that, contrary to what right wingers have suggested, Comey did not say anything inconsistent with the Strzok interview 302; rather, he said he wasn’t sure where his knowledge came from.

Mr. Gowdy. Who is Christopher Steele? Well, before I go to that, let me ask you this.

At any — who interviewed General Flynn, which FBI agents?

Mr. Comey. My recollection is two agents, one of whom was Pete Strzok and the other of whom is a career line agent, not a supervisor.

Mr. Gowdy. Did either of those agents, or both, ever tell you that they did not adduce an intent to deceive from their interview with General Flynn?

Mr. Comey. No.

Mr. Gowdy. Have you ever testified differently?

Mr. Comey. No.

Mr. Gowdy. Do you recall being asked that question in a HPSCI hearing?

Mr. Comey. No. I recall — I don’t remember what question I was asked. I recall saying the agents observed no indicia of deception, physical manifestations, shiftiness, that sort of thing.

Mr. Gowdy. Who would you have gotten that from if you were not present for the interview?

Mr. Comey. From someone at the FBI, who either spoke to — I don’t think I spoke to the interviewing agents but got the report from the interviewing agents.

Mr. Gowdy. All right. So you would have, what, read the 302 or had a conversation with someone who read the 302?

Mr. Comey. I don’t remember for sure. I think I may have done both, that is, read the 302 and then spoke to people who had spoken to the investigators themselves. It’s possible I spoke to the investigators directly. I just don’t remember that.

Mr. Gowdy. And, again, what was communicated on the issue of an intent to deceive? What’s your recollection on what those agents relayed back?

Mr. Comey. My recollection was he was — the conclusion of the investigators was he was obviously lying, but they saw none of the normal common indicia of deception: that is, hesitancy to answer, shifting in seat, sweating, all the things that you might associate with someone who is conscious and manifesting that they are being — they’re telling falsehoods. There’s no doubt he was lying, but that those indicators weren’t there.

Mr. Gowdy. When you say “lying,” I generally think of an intent to deceive as opposed to someone just uttering a false statement.

Mr. Comey. Sure.

Mr. Gowdy. Is it possible to utter a false statement without it being lying?

Mr. Comey. I can’t answer — that’s a philosophical question I can’t answer.

Mr. Gowdy. No, I mean, if I said, “Hey, look, I hope you had a great day yesterday on Tuesday,” that’s demonstrably false.

Mr. Comey. That’s an expression of opinion.

Mr. Gowdy. No, it’s a fact that yesterday was —

Mr. Comey. You hope I have a great day —

Mr. Gowdy. No, no, no, yesterday was not Tuesday.

Mr. Gowdy. And, again — because I’m afraid I may have interrupted you, which I didn’t mean to do — your agents, it was relayed to you that your agents’ perspective on that interview with General Flynn was what? Because where I stopped you was, you said: He was lying. They knew he was lying, but he didn’t have the indicia of lying.

Mr. Comey. Correct. All I was doing was answering your question, which I understood to be your question, about whether I had previously testified that he — the agents did not believe he was lying. I was trying to clarify. I think that reporting that you’ve seen is the product of a garble. What I recall telling the House Intelligence Committee is that the agents observed none of the common indicia of lying — physical manifestations, changes in tone, changes in pace — that would indicate the person I’m interviewing knows they’re telling me stuff that ain’t true. They didn’t see that here. It was a natural conversation, answered fully their questions, didn’t avoid. That notwithstanding, they concluded he was lying.

Mr. Gowdy. Would that be considered Brady material and hypothetically a subsequent prosecution for false statement?

Mr. Comey. That’s too hypothetical for me. I mean, interesting law school question: Is the absence of incriminating evidence exculpatory evidence? But I can’t answer that question. [my emphasis]

What may best explains this exchange is that, when it happened, Comey had never seen the Strzok 302, he had just seen the original one, but Gowdy had seen both. That would be consistent with Andrew McCabe’s testimony to HPSCI, which acknowledged that the Agents didn’t detect deception but knew Flynn’s statements did not match the FISA transcript.

McCabe confirmed the interviewing agent’s initial impression and stated that the “conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements that he made in the interview … the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.”

Gowdy may be suggesting that the original 302 was unfair because it did not admit how well Flynn snookered the FBI’s top Counterintelligence Agent. But that detail may not be something Comey is even aware  of, because it only got written down after he had been fired. That would explain why Flynn wouldn’t want that original one disclosed, because it might make clear that the FBI immediately recognized his claims to be false, even if they didn’t know (before doing the requisite follow-up) why he lied.

One thing we do know: there are two (related) criminal investigations that have come out of Mike Flynn’s interview. The first, into his lies, and the second, into Trump’s efforts to keep him on in spite of his lies by firing the FBI Director.

While we can’t say for sure (and Mueller’s office would not comment in response to my questions when I asked if something like this explained the 302), one possible explanation for why we’re seeing just this 302 is it’s the only one that makes Flynn look good.

Update: As JL notes, the Mueller filing makes it clear that the 302 is neither from the Flynn investigation nor from an investigation into Strzok’s conduct.

Strzok was interviewed on July 19, 2017, in relation to other matters, not as part of the investigation of the defendant or any investigation of Strzok’s conduct.

As I disclosed in 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. 

On Emmet Sullivan’s Order for Mike Flynn’s 302s: Be Careful What You Ask For

In his sentencing memorandum, Mike Flynn waved the following in front of Judge Emmet Sullivan, like a red cape before a bull.

There are, at the same time, some additional facts regarding the circumstances of the FBI interview of General Flynn on January 24, 2017, that are relevant to the Court’s consideration of a just punishment.

At 12:35 p.m. on January 24, 2017, the first Tuesday after the presidential inauguration, General Flynn received a phone call from then-Deputy Director of the FBI, Andrew McCabe, on a secure phone in his office in the West Wing.20 General Flynn had for many years been accustomed to working in cooperation with the FBI on matters of national security. He and Mr. McCabe briefly discussed a security training session the FBI had recently conducted at the White House before Mr. McCabe, by his own account, stated that he “felt that we needed to have two of our agents sit down” with General Flynn to talk about his communications with Russian representatives.21

Mr. McCabe’s account states: “I explained that I thought the quickest way to get this done was to have a conversation between [General Flynn] and the agents only. I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House Counsel for instance, that I would need to involve the Department of Justice. [General Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.”22

Less than two hours later, at 2:15 p.m., FBI Deputy Assistant Director Peter Strzok and a second FBI agent arrived at the White House to interview General Flynn.23 By the agents’ account, General Flynn was “relaxed and jocular” and offered to give the agents “a little tour” of the area around his West Wing office. 24 The agents did not provide General Flynn with a warning of the penalties for making a false statement under 18 U.S.C. § 1001 before, during, or after the interview. Prior to the FBI’s interview of General Flynn, Mr. McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport,” one of the agents reported.25 Before the interview, FBI officials had also decided that, if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used, . . . to try to refresh his recollection. If Flynn still would not confirm what he said, . . . they would not confront him or talk him through it.”26 One of the agents reported that General Flynn was “unguarded” during the interview and “clearly saw the FBI agents as allies.”27

He cited a memo that fired FBI Deputy Director Andrew McCabe wrote the day of Flynn’s interview and the interview report (called a “302”) that fired FBI Special Agent Peter Strzok had a hand in writing up in August 2017, some seven months after the interview.

In response, the judge in his case, Emmet Sullivan, issued an order asking not just for those two documents, but any documents related to the matters Flynn writes up, to be filed by tomorrow, along with the government’s reply to his memorandum.

And so it is that on the one year anniversary of the order Sullivan issued to ensure that Flynn got any exculpatory information relating to his plea, that the hopes among the frothy right that Flynn’s prosecution (including for lying about his sleazy influence peddling with Turkey) will be delegitimized and with it everything that happened subsequent to Flynn’s plea might be answered.

Or maybe not.

For those unfamiliar with his background, back in the waning years of the Bush Administration, Sullivan presided over the Ted Stevens’ prosecution. After Stevens was convicted, DOJ started ‘fessing up to a bunch of improprieties, which led Sullivan (on newly confirmed Eric Holder’s recommendation) to throw out the conviction. Sullivan demanded a report on the improprieties, which ended up being a scathing indictment of DOJ’s actions (that nevertheless didn’t lead to real consequences for those involved). Since that time, Sullivan has been wary of DOJ’s claims, which has led him to do things like routinely issue the order he did with Flynn’s case, making sure that defendants get any exculpatory evidence they should get.

Regardless of how this request works out, you should applaud Sullivan’s diligence. He’s one of just a few judges who approaches the government with the skepticism they deserve. And to the extent that problems with our criminal justice system only get noticed when famous people go through it, it’s important that this one be treated with such diligence.

Still, those problems include both abuse, like we saw in the Stevens case, and special treatment, like David Petraeus got, and it’s actually unclear whether Sullivan’s request will uncover one or the other (or neither). I say that for several reasons.

First, because the public evidence suggests that — if anything — Obama’s appointees demanded FBI proceed cautiously in their investigation of Trump’s people, delaying what in any other case would have been routine early collection. When FBI discovered Flynn making suspicious comments to Sergei Kislyak, concerns about how to proceed went all the way up to Obama.

Moreover, contrary to most reporting on this interview, the FBI’s suspicions about Flynn did not arise exclusively from his calls to Kislyak. The interview happened after a counterintelligence investigation into Flynn had been open for months, as laid out by the House Intelligence Committee Russia report.

Director Comey testified that he authorized the closure of the CI investigation into general Flynn by late December 2016; however, the investigation was kept open due to the public discrepancy surrounding General Flynn’s communications with Ambassador Kislyak. [redacted] Deputy Director McCabe stated that, “we really had not substantiated anything particularly significant against General Flynn,” but did not recall that a closure of the CI investigation was imminent.

If McCabe believed the CI investigation into Flynn had produced mostly fluff, it might explain why he would approach setting up an interview with him with less than the rigor that he might have (as arguably happened with Hillary in the analogous situation). He didn’t expect there to be a there there, but then there was (remember, Jim Comey has repeatedly said that the one thing that might have led the Hillary investigation to continue past her interview as if they caught her lying; the difference is that Flynn told obvious lies whereas Hillary did not).

Finally, there’s one other, major reason to think this ploy may not work out the way Flynn might like. That’s because the frothy right, its enablers in Congress, and the White House itself has pursued this line for most of a year. Particularly in the wake of Flynn’s cooperation agreement, claiming that Flynn was just confused or forgetful when he spoke to the FBI has been central to Trump’s serial cover stories for why he fired Flynn.

So Republicans hoping to find the smoking gun have looked and looked and looked and looked and looked at the circumstances of Mike Flynn’s interview. Already by March of last year, they had resorted only to misstating Comey’s testimony about what happened in the HPSCI report.

Director Comey testified to the Committee that “the agents … discerned no physical indications of deception. They didn’t see any change in posture, in tone, in inflection, in eye contact. They saw nothing that indicated to them that he knew he was lying to them.”

Nothing in the report — which now includes a section substantially declassified to reveal more purportedly incriminating details about Flynn — suggests real impropriety with his interview.

Even in that very same paragraph, they quote McCabe (the guy who wrote up a memo that same day, which is probably what Sally Yates relied on when she suggested to the White House they needed to fire Flynn) stating very clearly that the FBI agents recognized that Flynn had lied.

McCabe confirmed the interviewing agent’s initial impression and stated that the “conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements that he made in the interview … the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.”

The degree to which, after looking and looking and looking and looking for some smoking gun relating to the Flynn interview but finding very little is perhaps best indicated by where that search has gotten after looking and looking and looking and looking — as most recently exhibited in Jim Comey’s questioning from a week ago, by the Republicans’ best prosecutor, Trey Gowdy. After (apparently) hoping to catch Comey lying about what investigators thought when the lifetime intelligence officer managed to lie without any tells but instead leading him through a very cogent explanation of it, Gowdy then resorts to sophistry about what day of the week it is.

Mr. Gowdy. Who is Christopher Steele? Well, before I go to that, let me ask you this.

At any — who interviewed General Flynn, which FBI agents?

Mr. Comey. My recollection is two agents, one of whom was Pete Strzok and the other of whom is a career line agent, not a supervisor.

Mr. Gowdy. Did either of those agents, or both, ever tell you that they did not adduce an intent to deceive from their interview with General Flynn?

Mr. Comey. No.

Mr. Gowdy. Have you ever testified differently?

Mr. Comey. No.

Mr. Gowdy. Do you recall being asked that question in a HPSCI hearing?

Mr. Comey. No. I recall — I don’t remember what question I was asked. I recall saying the agents observed no indicia of deception, physical manifestations, shiftiness, that sort of thing.

Mr. Gowdy. Who would you have gotten that from if you were not present for the interview?

Mr. Comey. From someone at the FBI, who either spoke to — I don’t think I spoke to the interviewing agents but got the report from the interviewing agents.

Mr. Gowdy. All right. So you would have, what, read the 302 or had a conversation with someone who read the 302?

Mr. Comey. I don’t remember for sure. I think I may have done both, that is, read the 302 and then spoke to people who had spoken to the investigators themselves. It’s possible I spoke to the investigators directly. I just don’t remember that.

Mr. Gowdy. And, again, what was communicated on the issue of an intent to deceive? What’s your recollection on what those agents relayed back?

Mr. Comey. My recollection was he was — the conclusion of the investigators was he was obviously lying, but they saw none of the normal common indicia of deception: that is, hesitancy to answer, shifting in seat, sweating, all the things that you might associate with someone who is conscious and manifesting that they are being — they’re telling falsehoods. There’s no doubt he was lying, but that those indicators weren’t there.

Mr. Gowdy. When you say “lying,” I generally think of an intent to deceive as opposed to someone just uttering a false statement.

Mr. Comey. Sure.

Mr. Gowdy. Is it possible to utter a false statement without it being lying?

Mr. Comey. I can’t answer — that’s a philosophical question I can’t answer.

Mr. Gowdy. No, I mean, if I said, “Hey, look, I hope you had a great day yesterday on Tuesday,” that’s demonstrably false.

Mr. Comey. That’s an expression of opinion.

Mr. Gowdy. No, it’s a fact that yesterday was —

Mr. Comey. You hope I have a great day —

Mr. Gowdy. No, no, no, yesterday was not Tuesday.

Then Gowdy tries a new tack: suggesting that Flynn should have gotten the agents’ finding that he lied without any physical tells provided as some kind of Brady evidence.

Mr. Gowdy. And, again — because I’m afraid I may have interrupted you, which I didn’t mean to do — your agents, it was relayed to you that your agents’ perspective on that interview with General Flynn was what? Because where I stopped you was, you said: He was lying. They knew he was lying, but he didn’t have the indicia of lying.

Mr. Comey. Correct. All I was doing was answering your question, which I understood to be your question, about whether I had previously testified that he — the agents did not believe he was lying. I was trying to clarify. I think that reporting that you’ve seen is the product of a garble. What I recall telling the House Intelligence Committee is that the agents observed none of the common indicia of lying — physical manifestations, changes in tone, changes in pace — that would indicate the person I’m interviewing knows they’re telling me stuff that ain’t true. They didn’t see that here. It was a natural conversation, answered fully their questions, didn’t avoid. That notwithstanding, they concluded he was lying.

Mr. Gowdy. Would that be considered Brady material and hypothetically a subsequent prosecution for false statement?

Mr. Comey. That’s too hypothetical for me. I mean, interesting law school question: Is the absence of incriminating evidence exculpatory evidence? But I can’t answer that question.

I mean, maybe there are some irregularities explaining why it took seven months to write up Flynn’s 302 and how information about the interview was shared within DOJ in the interim; if there is I’d like to know what those are. But what everyone seems to agree is that there was no dispute, from the very beginning, that Flynn lied.

And Flynn’s statement actually makes things worse for himself (and, importantly, for one of the White House cover stories that his firing was immediately precipitated by Don McGahn confronting him with the transcript of his conversation with Kislyak). Flynn’s own sentencing memo makes it clear the FBI Agents were quoting directly from the transcript about what he said.

FBI officials had also decided that, if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used, . . . to try to refresh his recollection. If Flynn still would not confirm what he said, . . . they would not confront him or talk him through it.”

So Flynn would have known, way back when the White House was trying to find excuses to keep him on, precisely what he had been caught saying.

Finally, remember two more details. While we can’t read it, Sullivan (and Flynn’s team) know what’s behind this redaction:

That means Sullivan knows, even if we don’t, why Mueller thinks it so important that Flynn lied, and so may have a very different understanding about the import of those lies.

Finally, note that along with requiring the government to turn over all the filings relating to his interview (not just the two Flynn selectively quoted from), Sullivan also instructed the government to file their reply to Flynn’s sentencing memo by the same time.

DOJ has never had the opportunity to write its own explanation for what happened with Flynn’s interview. By inviting a reply specifically in the context of this Flynn claim, Sullivan has given DOJ the opportunity to do just that, finally.

DOJ may have a very interesting explanation for why they approached a counterintelligence interview with a guy they might have considered one of them with jocularity.

Sure, there may yet be damning details. As I’ve said, I really look forward to learning why it took seven months to formally memorialize this interview.

But the GOP has been looking for a smoking gun for a year and have not apparently found one. It’s quite possible we’ll learn something else tomorrow, that Mike Flynn actually got special treatment that none of us would get if we were suspected of being recruited by Russian intelligence.

At the very least, Sullivan’s order may result in documentation that reveals just how shoddy all the claims irregularity surrounding Flynn’s interview have been all this time.

Update: Elevating this from pinc’s comment. If DOJ chooses to tell a story that at all resembles Greg Miller’s account of the meeting (including that Flynn specifically said he didn’t want to have a lawyer of any type present), then this could spectacularly backfire.

As I disclosed in 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. 

Frothy Republicans Confuse Oleg Deripaska and Donald Trump

A letter from Elijah Cummings and Jerrold Nadler to Trey Gowdy and Bob Goodlatte answers two questions I’ve had since John Solomon and the rest of the propaganda mill started reporting on Christopher Steele’s communications with Bruce Ohr.

First, the communications that frothy right propagandists all seem to have, have not been officially released. Indeed, Cummings and Nadler complain that in the questioning of Ohr last week, Democrats weren’t even shown the communications that all the frothy right seems to have.

These documents were not included in the 800,000 pages of documents the Justice Department produced to our Committee during this investigation. During Mr. Ohr’s interview, the Republican Members never introduced these documents into the official record, never marked them as exhibits, never explained how they obtained them, and never provided copies to Democratic staff participating in the interview.

More hilariously, the letter reveals that Republicans read a reference Steele made to “our favorite business tycoon” and assumed — premised on the notion that everything Steele was doing at the time had to have been a conspiracy against Trump — that that must be a reference to Trump.

First, by cherry-picking portions of these documents out of context–and withholding the full set of documents–Republican Members are creating a highly misleading narrative with factually inaccurate interpretations and conjecture. For example, Republican Members read aloud a portion of one email in which Mr. Steele wrote to Mr. Ohr, “There is something I wanted to discuss with you informally and separately. It concerns our favorite business tycoon.” When Republican Members accused Mr. Ohr of discussing President Donald Trump with Mr. Steele, Mr. Orh explained that the Republican interpretation was false–and that the “business tycoon ” they were referring to was actually Russian oligarch Oleg Deripaska.

Cummings and Nadler point out that that interpretation has leaked to frothy right propagandists.

[S]elect portions of some of these same documents have no been leaked to the press to create similarly false and misleading narratives. For example, on August 7, 2018, John Solomon wrote in The Hill that he was given some of “Ohr’s own notes, emails and text messages.” In his piece, Mr. Solomon quoted the same email in which Mr. Ohr and Mr. Steele discussed “our favorite business tycoon.” Then, like the Republican Members, Mr. Solomon asserted inaccurately that this statement was “an apparent reference to Trump.”

Here’s how Solomon spun it.

Some of the more tantalizing Ohr contacts occurred in the days when Steele made his first contacts with the FBI in summer 2016 about the Russia matter.

“There is something separate I wanted to discuss with you informally and separately. It concerns our favourite business tycoon!” Steele wrote Ohr on July 1, 2016, in an apparent reference to Trump.

That overture came just four days before Steele walked into the FBI office in Rome with still-unproven allegations that Trump had an improper relationship with Russia, including possible efforts to hijack the presidential election.

And how Byron York repeated that “reasonable” supposition.

On March 17, Steele wrote a brief note asking if Ohr had any update on plans to visit Europe “in the near term where we could meet up.” Ohr said he did not and asked if Steele would like to set up a call. It is not clear whether a call took place.

There are no emails for more than three months after March 17. Then, on July 1, came the first apparent reference to Donald Trump, then preparing to accept the Republican nomination for president. “I am seeing [redacted] in London next week to discuss ongoing business,” Steele wrote to Ohr, “but there is something separate I wanted to discuss with you informally and separately. It concerns our favourite business tycoon!” Steele said he had planned to come to the U.S. soon, but now it looked like it would not be until August. He needed to talk in the next few days, he said, and suggested getting together by Skype before he left on holiday. Ohr suggested talking on July 7. Steele agreed.

Ohr’s phone log for July 7 notes, “Call with Chris Steele” from 8:00 a.m. to 8:30 a.m. eastern time.

(A caution here: It is possible the “favourite business tycoon” could be Deripaska, or perhaps even someone else, and not Trump. But no one referred to Deripaska in that way anywhere else in the communications. Also, Steele made it clear the “tycoon” subject was separate from other business. And July 1 was just before Steele met with the FBI with the first installment of the Trump dossier. So it appears reasonable, given Steele’s well-known obsession with Trump, and unless information emerges otherwise, to see the “favourite business tycoon” as Trump.)

Followed, marginally more critically, by Chuck Ross.

On July 1, 2016, Steele reached out to Ohr in hopes of discussing “our favourite business tycoon!” It is unclear if Steele was referring to Deripaska or Donald Trump. Steele met with Ohr and his wife, a Russia expert named Nellie Ohr, on July 30, 2016, at a Washington, D.C., hotel.

When I wrote this up, I noted the problematic assumption.

But in their effort to make everything an expert on Russian organized crime touched into a conspiracy against Donald Trump, the frothy right has just confused Trump and a mobbed up Russian oligarch.

I mean, there’s a clear difference. Deripaska really is as rich as he claims.

Devin Nunes Confirms Classified Information that “Henry Greenberg” Wasn’t Working for the FBI, and Other Tales of the Half-Wit Running our Intelligence Oversight

As I’ve been chronicling, Devin Nunes continues his effort to invent some reason to fire Rod Rosenstein. As part of his last extortion attempt, Nunes demanded information he thought would reveal that “Henry Greenberg,” a Russian offering dirt on Hillary Clinton, was secretly working for the FBI.

How did you use our nation’s counterintelligence capabilities. These are capabilities used to track terrorists and other bad guys around the globe. How did you weaponize that against a political campaign, against the Trump campaign, where ultimately it ended up in Carter Page having a FISA warrant put against him which allowed the government to go in and grab all of his emails and phone calls. So that’s primarily what we’ve been investigating for many many months. I will tell you that Chairman Gowdy was very very clear with the Department of Justice and FBI and said that if there was any vectoring of any informants or spies or whatever you want to call them into the Trump campaign before the investigation began, we better know about it by Sunday, meaning today. He was very very clear about that. And as you probably know there’s breaking news this morning that now you have a couple Trump campaign people who are saying that they were, that they’ve amended their testimony before the House Intelligence Committee, they sent in both Friday night and this morning, amendments to their testimony saying that in fact they feel like somebody, they’re not claiming that it was the FBI, but someone ran informants or spies into them to try to get information and offer up Russian dirt to the Trump campaign. Now this would have been in May of 2016. Which is obviously months before this counterintelligence investigation was opened by the FBI into the Trump campaign.

[snip]

If I were them I would pick up the phone and let us know what this is about, this story that broke in the Washington Post, this morning, just hours ago. They probably ought to tell us whether or not they were involved in that or else they have a major major problem on their hands.

Last Friday, DOJ and FBI had provided most of the documents requested, pending a few technical issues and a review by Dan Coats of some intelligence equities. Included among those was a classified letter telling Nunes whether FBI used informants against the Trump campaign.

On June 22, 2018, the FBI submitted a classified letter to the Committee responding to the Chairman’s question regarding whether, in connection with the investigation into Russian activities surrounding the 2016 Presidential election, the FBI utilized confidential human sources prior to the issuance of the Electronic Communication (EC) initiating that investigation.

That answer clearly didn’t feed Nunes’ Witch Hunt conspiracies, so he’s reformulating his request, apparently certain that if he keeps trying he’ll discover the vast (yet totally ineffective) Deep State plot to undermine the Trump campaign. He’s asking for contacts not just between informants, but also undercover agents or confidential human sources who interacted with any of 14 Trump campaign associates.

The new request seeks information not only on “FBI informants,” but also on “undercover agents, and/or confidential human sources” who interacted with former Trump associates before July 31, 2016 — the start of the FBI’s counterintelligence investigation into connections between the Trump campaign and Russia.

The list of Trump associates Nunes indicated he’s interested in includes: Michael Caputo, Sam Clovis, Michael Cohen, Michael Flynn, Corey Lewandowski, Stephen Miller, Peter Navarro, Sam Nunberg, George Papadopoulos, Carter Page, Walid Phares, Joseph Schmitz, Roger Stone and Donald Trump Jr.

It’s a really awesome request. Aside from confirming the content of that classified letter (among other things, that “Henry Greenberg” wasn’t our intelligence asset when Roger Stone entertained offers of Hillary dirt), Nunes has given us a list of campaign associates who should be criminally investigated:

  • Michael Caputo
  • Sam Clovis
  • Michael Cohen
  • Michael Flynn
  • Corey Lewandowski
  • Stephen Miller
  • Peter Navarro
  • Sam Nunberg
  • George Papadopoulos
  • Carter Page
  • Walid Phares
  • Joseph Schmitz
  • Roger Stone
  • Donald Trump Jr.

Notably, a number of these people — Caputo, Cohen, Lewandowski, Miller, Stone, and Navarro — aren’t on the list of document requests Mueller had submitted to the White House by January. Perhaps for the first three plus Stone, that’s because they never worked in the White House (and in the case of Caputo and Stone, pretended not to work for the campaign so as to give the campaign plausible deniability from the rat-fucking).

Nevertheless, their inclusion here seems to confirm that Nunes believes they are targets or at least subjects of Mueller’s investigation. Of those not on Mueller’s January list, we know that Stone and Cohen are in deep shit, so maybe the others are too!

Thanks Devin! Let’s hope leaking that classified information doesn’t get you in trouble with your colleagues, though.

A pity for the guy running our intelligence oversight that he can’t figure out that a number of these targets came from Rick Gates flipping, and not informants planted way back in May 2016.

In Attempt to Learn How Much Mueller Knows about Roger Stone’s “Collusion,” Devin Nunes Blames FBI for Stone and Michael Caputo’s Perjury to HPSCI

On Thursday, in the wake of the release of the DOJ IG Report showing that Jim Comey hurt Hillary Clinton with his intervention after the end of the email server investigation, the Gang of Eight met with Rod Rosenstein and Christopher Wray to discuss the House Intelligence Committee demand for documents allegedly investigating FISA abuse.

On Thursday night, Rudy Giuliani (whose receipt of leaks from the NY FBI field office received no attention in the IG Report) appeared on Sean Hannity and argued that the Mueller investigation (which removed Strzok once his inappropriate texts were revealed) should be suspended immediately and instead investigated by those very same NY FBI agents.

Every FBI agent should demand that that man be fired and tomorrow Mueller should suspend his investigation and he should go see Rod Rosenstein who created him and the Deputy Attorney General and Attorney General Sessions who should now step up big time to save his Department should suspend that investigation.  Throw out all the people is that have been involved in the phony Trump investigation and bring in honest FBI agents from the New York office who I can trust implicitly and they should turn their attention to Comey, Strzok, Page.

[snip]

Who are we providing them to? People who have already concluded to frame Donald Trump, agents who started a phony Russia investigation. That’s the whole core of this. That’s why the investigation should be suspended. And I am talking for myself now, not the president. But I believe he would agree with this. A very serious investigation has to be done of the FBI agents at the very top by FBI agents who are honest in order to prosecute them…

Rosenstein and Jeff Sessions have a chance to redeem themselves and that chance comes about tomorrow. It doesn’t go beyond tomorrow. Tomorrow, Mueller should be suspended and honest people should be brought in, impartial people to investigate these people like Peter Strzok. Strzok should be in jail by the end of next week.

On Friday, in the wake of the Thursday Gang of Eight meeting, Paul Ryan, Devin Nunes, Trey Gowdy, and Bob Goodlatte had a meeting with Wray and Rosenstein to demand documents on their investigation into alleged FISA abuse.

Also on Friday, Roger Stone appeared on Laura Ingraham’s show to comment on the IG Report. He made no comment about the story he was seeding with the WaPo, spinning that the Russian he reached out to learn about dirt on Hillary Clinton, whom he didn’t mention when the House Intelligence Committee asked him about contacts with Russians, was actually an FBI spy. In its story this morning, the WaPo didn’t point out all the reasons why it’s almost certain that “Henry Greenberg” was not operating under the control of the FBI; as a result, the WaPo gave the informant story credibility it shouldn’t have.

Today, Devin Nunes went on Fox to report on the Friday meeting. In three segments (one, two, three), Maria Bartiromo treated the Friday meeting as breaking news. Nunes said that their subpoenas “will be complied with” or the House would take other measures. When Bartiromo asked Nunes specifically what he was looking for, he didn’t respond. Instead, he posed the quest this way.

How did you use our nation’s counterintelligence capabilities. These are capabilities used to track terrorists and other bad guys around the globe. How did you weaponize that against a political campaign, against the Trump campaign, where ultimately it ended up in Carter Page having a FISA warrant put against him which allowed the government to go in and grab all of his emails and phone calls. So that’s primarily what we’ve been investigating for many many months. I will tell you that Chairman Gowdy was very very clear with the Department of Justice and FBI and said that if there was any vectoring of any informants or spies or whatever you want to call them into the Trump campaign before the investigation began, we better know about it by Sunday, meaning today. He was very very clear about that. And as you probably know there’s breaking news this morning that now you have a couple Trump campaign people who are saying that they were, that they’ve amended their testimony before the House Intelligence Committee, they sent in both Friday night and this morning, amendments to their testimony saying that in fact they feel like somebody, they’re not claiming that it was the FBI, but someone ran informants or spies into them to try to get information and offer up Russian dirt to the Trump campaign. Now this would have been in May of 2016. Which is obviously months before this counterintelligence investigation was opened by the FBI into the Trump campaign.

[snip]

If I were them I would pick up the phone and let us know what this is about, this story that broke in the Washington Post, this morning, just hours ago. They probably ought to tell us whether or not they were involved in that or else they have a major major problem on their hands.

[snip]

We should have been told about this about eight months ago. In compliance with the subpoena that we issued last August.But for sure a couple months ago, when we began to ask, we asked questions about, we had a subpoena, and we wanted to figure out what they were doing before and af, right before and right after the opening of the counterintelligence investigation. So we asked for specific information and documents. As you know, that’s what we’ve been fighting over for the last couple months now. And on Friday night it culminated with us telling them because they have swore up and down that they have given us everything that’s pertinent to our investigation after the investigation was open. And they have claimed that there is nothing else that exists before that date. Now, this Washington Post story, I don’t know that they’re claiming for sure that this was an FBI spy or informant, you know, I have no idea whether it is or not, but it has all the makings of the looks of some type of spy or informant. And that would be a major problem because that is not something that has ever been brought to us, and it would be totally out of bounds.

In an appearance providing extensive details about past classified requests and meetings with DOJ (including the one on Friday), Nunes also accuses Rosenstein of leaking by telling the press that Nunes hasn’t read the documents they’ve been demanding but which DOJ has already turned over.

At midnight, just a week ago, the Department of Justice put out something on Republicans saying that we had not read documents that the Department of Justice had provided for us to read. Now, that is a major leak, of a classified meeting, that also happens to be false because they knew that we ran out of time and didn’t have time to actually read these documents, but they did that to embarrass the Speaker of the House and myself and Chairman Gowdy who were given access to those documents but not given time to read those documents. That came from the top of the Department of Justice. Why are those people still working at the Department of Justice. They are leaking.

[snip]

Here’s the bottom line. Mr. Rosenstein, the Deputy Attorney General, and Director Wray have to decide whether or not they want to be part of the cleanup crew or they want to be part of the cover-up crew.

Then Nunes ends by saying he will move towards impeaching Rosenstein and Wray this week, based off a claim that the FBI is withholding details about that contact with “Greenberg,” the one both Stone and Caputo lied to his own committee to cover up.

Nunes: There”s going to be hell to pay by Wednesday morning.

[snip]

This is going to go from myself and just a few committee chairmen to all the members of the House of Representatives who are going to begin to take action against the Department of Justice and FBI.

Bartiromo: Taking action meaning contempt of Congress?

Nunes: Well that’s just one of the options. That’s just one of many options. But I can tell you that it’s not gonna be pretty.

Bartiromo: Are you going to force the resignation of Rod Rosenstein?

Nunes: We can’t force the resignation, but we can hold in contempt, we can pass sense of Congress resolutions, we can impeach, and look, I think we’re getting close to there.

So let’s unpack what’s going on here, aside from a really well orchestrated campaign that has been in the works since January.

First, note how Nunes twists the meaning of counterintelligence here? When discussing why the FBI obtained a FISA order on Carter Page, whom FBI suspected was a willing Russian asset going back to 2013 and whom FBI had questioned the same month Trump added him to the campaign, as part of those ongoing concerns, Nunes suggests FISA orders are only used on terrorists and international bad guys, not people who’ve been suspected of being Russian assets for years. But later in the appearance, he treats the formal start of the counterintelligence investigation into Russians infiltrating Trump’s campaign — the counterintelligence investigation (he is now using counterintelligence in its traditional sense) — as if any investigation of Page or Manafort on their own right before that would be corrupt.

Then Nunes moves to suggest that a Russian contact that Mueller may have only discovered after he obtained a warrant for Stone’s phone on March 9 — a contact that both Caputo and Stone lied to the committee about — is something the FBI has been hiding, not Caputo and Stone.

In an appearance providing a slew of non-public information about a long series of contacts, Nunes accuses Rosenstein for once doing the same thing, with the important difference that Rosenstein was correcting the false claims that Nunes was presenting to the press.

And out of all that — out of Nunes’ willingness to blame the FBI for Stone and Caputo’s lies to his own committee — Nunes is going to bring an impeachment case against Rosenstein and Wray.

Obviously, there’s an easy way for Rosenstein and Wray to defuse this, in more of the bend don’t break approach they’ve been using with these extortionists. They could explain what I have surmised: that the materials about the contact with “Greenberg” that Stone and Caputo lied to him about actually came pursuant to a grand jury search warrant based on information Rick Gates provided in February and March. This is probably a grand jury search warrant (or one similar) that Paul Manafort already tried to, but failed, to get unsealed. As far as we know, Rosenstein and Wray haven’t provided any grand jury material to HPSCI.

Of course, providing the background to this question would require providing more details about what Mueller does and doesn’t know about Roger Stone’s efforts to conspire with Russians during the election.

That’s the hostage situation that Nunes is creating here: Impeachment or details about what Mueller knows of Roger Stone’s conspiracy with Russians to obtain dirt on Hillary Clinton.

Rudy 9/11’s Latest Outrageous Attempts to Obstruct the Mueller Probe

I’ve been noting Trey Gowdy’s expressed support for Mueller’s investigation since he announced his retirement back in February.

On Sunday, on one of the Sunday shows, Trey—I think it was a Fox show—Trey Gowdy said, “You know, this memo should come out. It’s important. But my side should not use it to undermine the Mueller investigation.” And the reason he gave is that what is not being seen about the Mueller investigation is there’s a whole counterintelligence side to it. There’s a whole side of it investigating how the Russians tampered in our election. And according to Gowdy, who has seen these underlying documents, he thinks that’s an important and legitimate investigation.

This Sunday, in the wake of last week’s briefing on Stefan Halper’s role in the investigation of Carter Page and George Papadopoulos (and, possibly, other aspects of the Russian investigation), Gowdy did it again, explaining that the FBI did precisely what they should have done in response to identifying counterintelligence concerns in Trump’s campaign.

GOWDY: [I]t was President Trump, himself who said, number one, “I didn’t collude with the Russia but if anyone connected with my campaign did, I want the FBI to find that out.” It looks to me like the FBI was doing what President Trump said I want you to do, find it out. He is not the target. So, when Schiff and others don’t make that clear, they’re doing the disservice to our fellow citizens. He is not the target.

MACCALLUM: But this raises the question that the president raised in this — in this one of those tweets, there were a lot of them. In which we talked about quite a bit here last week, is if that were the case, why didn’t they give him a little briefing?

So, here is what we found out. You know, we do have somebody who asked some questions of George Papadopoulos. We do have somebody who’s asked questions of Carter Page. Here’s what you need to know.

GOWDY: I think, defensive briefings are done a lot. And why the Comey FBI didn’t do it? I don’t know, but Chris Wray and Rod Rosenstein have at least made it clear to us, Donald Trump was never the target of the investigation. He is not the current target of the investigation. Now, keep in mind that can all change depending on what a witness says.

But as of now, I think Chris Wray and Rod Rosenstein are stunned whenever people think Trump is the target of their investigation. I’ll leave it up to them how to brief the president, or how to brief his lawyers.

MACCALLUM: Was that point of view that you’re talking about right now, was that strengthened when you went into this briefing last week?

GOWDY: Yes, I am — I am even more convinced that the FBI did exactly what my fellow citizens would want them to do when they got the information they got. And that it has nothing to do with Donald Trump.

MACCALLUM: All right. So, given the things that were over here on your right hand, all the frustrations, do you think it’s problematic the way the president has — is tweeting about this all the time? Because he feels like he needs to get — he needs to vent. He’s got to get his message out there. Is it legally problematic in your mind what he is doing?

GOWDY: I think any time you create prior statements, you give Mueller or other folks a chance to question you on them and ask what was your factual basis, why did you say that? The president should have access to the best legal minds in the country. And I think he should take advantage of those. And he has got some really good communicators that are on his staff and at his — at his call. If I were his lawyer, and I never will be, I would tell him to rely on his lawyers and his comes folks.

MACCALLUM: All right, here is one of them, Rudy Giuliani, speaking with Bill Hemmer over the holiday weekend. Watch this.

(BEGIN VIDEO CLIP)

BILL HEMMER, FOX NEWS CO-ANCHOR: What’s wrong with the government trying to figure out what Russia was up to?

RUDY GIULIANI, ATTORNEY TO PRESIDENT DONALD TRUMP: Nothing wrong with the government doing that. Everything wrong with the government spying on a candidate of the opposition party, that’s a Watergate, a spy gate. I mean, and without any warning to him. And now, to compound that, to make it into a criminal investigation bill? That’s why this is a rigged investigation.

(END VIDEO CLIP)

GOWDY: There are two things wrong with what the former U.S. attorney said. Number one, no one knows whether this is a criminal investigation. Mueller was told to do a counterintelligence investigation into what Russia did. And number two, President Trump himself in the Comey memos said if anyone connected with my campaign was working with Russia, I want you to investigate it.

And it sounds to me like that is exactly what the FBI did, I think when the president finds out what happened, he is going to be not just fine, he’s going to be glad that we have an FBI that took seriously what they heard. He was never the target, Russia is the target.

MACCALLUM: So, it sounds to me as if you would advise him that there’s no problem with him sitting down with Robert Muller.

GOWDY: Oh, absolutely no. I have always said, I think you want to sit down with Bob Mueller. You’ve told us publicly there was no collusion, you’ve told us publicly there was no obstruction. Say in private what you’ve said publicly, limit the scope to exactly what the — what the Mueller memo is, but if he were my client and I’d say if you’ve done nothing wrong, then you need to sit down and tell Mueller what you know.

Mind you, Gowdy wasn’t the only one who said this. Mitch McConnell came out of the briefing (I’m still not sure whether Gowdy was in the Gang of Eight briefing or just the one with Devin Nunes) and said he supports Mueller. Nunes has gone silent, either because he, too, believes the FBI’s actions were proper, or because because he attended a briefing with the rest of the Gang of Eight, he’ll be more constrained about any bullshit claims he makes.

Nevertheless, Rudy is now targeting Gowdy in the same way Republicans have targeted Adam Schiff for supporting the investigation, even attacking him for running a never-ending investigation into Hillary.

Giuliani lashed out at Gowdy — who isn’t running for reelection — for his comments, saying that his constituents “would probably be outraged at what he’s doing.”

He then veered off-topic, adding that those constituents “probably want to figure out what the hell he did with Benghazi.” Gowdy was the chair of the House committee that looked into the attack on the US diplomatic mission in Benghazi, Libya, that left four dead, including Christopher Stevens, the US Ambassador to Libya.

“He sure screwed that one up. You got four families that do not think that Trey Gowdy did his job,” Giuliani said.

Rudy did something else in that interview with BuzzFeed’s Chris Geidner that Geidner didn’t emphasize, but deserves closer focus. He asserted that Trump’s legal team would still demand to see the files on Halper.

“We want to review all of the documentation they have for the investigation of what they call the spying on Russia and the spying — that led to the spying on the Trump campaign,” he said. He said the president’s attorneys have no plans to ask for the alleged informant’s identity — which has been reported in multiple outlets to be Professor Stefan Halper.

“Once we see what they’ve revealed,” Giuliani said of the documents, “I think we’ll need his identity even less, because I think it revealed bullshit. Which is why they don’t want to show it to us. This informant was a total waste of money, a total lark, a complete attempt to try to frame Trump, and it’s gonna show that he did nothing wrong. And that’s why they concealed it for a year.”

As Adam Schiff noted, this move demolishes any claim that the document request is about oversight; it makes it clear this request — and, I agree with Schiff, the prior ones — are all about giving Trump a peek into the investigation.

“Rudy Giuliani has effectively admitted that [House Intelligence Committee] Chairman [Devin] Nunes’ demand for information about the investigation is a charade designed only to obtain material for the Trump legal defense team,” Schiff said. “He now seeks to use the improper effort to obtain information about an investigation implicating the president as a justification to refuse to allow the president to testify.

Meanwhile, I’ve got new questions about whether Trump already has gotten information on the investigation.

Among the things Rudy has said of late, he mocked the Internet Research Agency indictment, suggesting it’s phony.

Even those Russians, the phony indictment they have of the Russians who will never come here for trial, they colluded with each other. Russians colluding. Oh wow that’s big news. Russians have been colluding since the Soviet Union to interfere in our elections.

Mind you, as I’ve noted, Yevgeniy Prigozhin’s firm, Concord Consulting, is mounting a defense. Even there, Concord and the government just jointly proposed a schedule to lead towards trial (which would take place sometime after November). So that’s happening, at least until the US butts up against evidence it refuses to share even with Concord’s US lawyers (the parties are still discussing a protection order now).

But I’m interested in Rudy’s comment for another reason. While a lot of attention has been paid to the news that the government and George Papadopoulos have moved towards sentencing, a similar announcement came this week in the Richard Pinedo case — the guy who sold identities that IRA used to create troll accounts. I have no idea what the Papadopoulos move means, but with Pinedo, I’ve wondered what cooperation he offered to get the plea in the first place. And I’ve wondered whether the move to sentencing actually means Mueller has finished any investigation of Campaign Official 1, 2, and 3 named in the indictment.

Which is to say that I find the timing of Rudy’s mockery of the IRA indictment, which is a real description of the damage Russia did, to be of interest.

The GOP PAC-thetic Effort to Disclaim Cambridge Analytica

In the wake of Friday’s news that Cambridge Analytica had not deleted psychographic data based off Facebook data, Republicans have claimed they didn’t rely on CA in 2016’s election. Major Garrett, for example, reported that, for most but not all uses, the Trump campaign replaced CA with RNC data after proving the latter more accurate.

In late September 2016, Cambridge and other data vendors were submitting bids to the Trump campaign. Then-candidate Trump’s campaign used Cambridge Analytica during the primaries and in the summer because it was never certain the Republican National Committee would be a willing, cooperative partner. Cambridge Analytica instead was a hedge against the RNC, in case it wouldn’t share its data.

The crucial decision was made in late September or early October when Mr. Trump’s son-in-law Jared Kushner and Brad Parscale, Mr. Trump’s digital guru on the 2016 campaign, decided to utilize just the RNC data for the general election and used nothing from that point from Cambridge Analytica or any other data vendor. The Trump campaign had tested the RNC data, and it proved to be vastly more accurate than Cambridge Analytica’s, and when it was clear the RNC would be a willing partner, Mr. Trump’s campaign was able to rely solely on the RNC.

Cambridge Analytica data was used for some targeted digital advertising and a large TV buy, but the main source of “get out the vote” and matching digital outreach data came from the RNC.

This story is not much different from one that got told last fall, in the wake of Brad Parscale’s testimony before the House Intelligence Committee. After using CA data for the first month of the general, the campaign transitioned to using RNC data (for whatever reason).

But according to both Parscale and [CA Chief Product Officer] Oczkowski, the campaign didn’t use Cambridge’s trove of data, opting instead for the RNC’s data file.

“The RNC was the voter file of record for the campaign, but we were the intelligence on top of the voter file,” Oczkowski says. “Sometimes the sales pitch can be a bit inflated, and I think people can misconstrue that.”

Parscale describes the firm’s work this way: “As I’ve said multiple times over prior statements, Matt Oczkowski and his team created a daily tracker of polling, so that I could see how Trump was doing in key swing states. They provided that to me daily.” Parscale says Cambridge also helped the campaign with what he calls “persuasion online media buying. They also helped us identify potential donors. And they created a visualization tool that showed in each state which areas were most persuadable and what those voters care about.”

As I noted at the time, however, Oczkowski claimed to be unaware of what CA was doing because the PAC activities were firewalled from campaign activities.

“I had absolutely no understanding any of this was going on, and I was surprised as everybody else when I saw the story” about Nix’s approach to Assange, Oczkowski says. During the campaign, he says his team was walled off from the rest of Cambridge, because the company was also working with a Trump Super PAC. Federal regulations prevent campaigns from coordinating with Super PACs. Of the 13 Cambridge staffers who worked in Trump’s San Antonio office, only four remain at the company.

Which, of course, suggests that the interesting stuff with CA was happening at the Super PAC, which just happens to have been run by the Mercers.

Today, Daily Beast reported that a Cambridge Analytica employee, Emily Cornell, gleefully pounced on the opportunity presented by the release of more stolen Hillary emails.

Cambridge Analytica hoped to capitalize on Russian hacking of Hillary Clinton and her ally, an email written by one of its employees indicates.

Emily Cornell, the employee, sent the email on July 29, 2016. It went out to people working with Make America Number One, the pro-Trump super PAC funded by Republican super-donors Robert and Rebekah Mercer.

After noting some of the firm’s work for the super PAC, Cornell wrote: “With her campaign getting hacked, I can only imagine what a new swatch [sic] of emails will do to her already fractured base!”

This seems to confirm two things. First, the Mercer directed efforts remained happy to exploit Russia’s theft even later in the process (remember the Alexander Nix email to Julian Assange kept Mercer in the loop). And also, the Trump campaign claim to have ditched Cambridge Analytica are only meaningful insofar as they really maintained that firewall between campaign and PAC.

Duty of Candor: The Timing of the Sessions News

Since Jeff Sessions fired Andy McCabe Friday night and Trump started ratcheting up his attacks on Robert Mueller, few Republicans have vocally supported Mueller (Jeff Flake, Trey Gowdy, and John McCain are exceptions; all are retiring).

There was, however, this story, reporting that three sources say Jeff Sessions was not as dismissive of George Papadopoulos’ plan to reach out to Russians as JD Gordon has claimed.

Three people who attended the March campaign meeting told Reuters they gave their version of events to FBI agents or congressional investigators probing Russian interference in the 2016 election. Although the accounts they provided to Reuters differed in certain respects, all three, who declined to be identified, said Sessions had expressed no objections to Papadopoulos’ idea.

One person said Sessions was courteous to Papadopoulos and said something to the effect of “okay, interesting.”

The other two recalled a similar response.

“It was almost like, ‘Well, thank you and let’s move on to the next person,’” one said.

As the story notes, this conflicts with Jeff Sessions’ November 14 sworn testimony to the House Judiciary Committee.

So in the wake of the Attorney General firing McCabe for violating his duty of candor, three current or former Trump associates leaked that he lied to the House.

The thing is, there can’t be that many people who these sources could be. I’m not sure the annotations from Seth Abramson (above) are all correct, but here’s what it looks like.

Sessions and Gordon are on the record stating Sessions pushed back. Trump hasn’t testified yet.

One may well be Papadopoulos.

That leaves, starting with Abramson’s guesses (here’s a later list of Trump’s national security advisors, which should round out Abramson’s):

  • Joseph Schmitz, who left his job as DOD IG amid some scandal
  • Bert Mizusawa, who is running for VA Senate and presumably wants some national help, but he is himself a lawyer
  • Jim Hoskins, who’s career military (including a lot of time working in intelligence)
  • Walid Phares, appears to still be pitching Trump’s foreign policy adventurism
  • Gary Harrell, who is career special operations
  • Charles Kubic, who even contemporaneously was raising legal concerns about such outreach (and who would be a likely candidate to have been interviewed by Mueller since he showed up in email chains raising such concerns)
  • James Carafano may be the balding man in the foreground (though he’s not in Trump’s list of advisors) — he’s still running interference for Trump’s crazy foreign policy
  • Sam Clovis, who is not identifiable in the picture, raised concerns about legal issues and NATO concerns, but elsewhere was clearly involved in the effort to reach out to Russia, even per Carter Page; he’s in the news because of the potential conflict Joe Di Genova’s reported representation of Trump poses
  • Keith Kellogg is another possible candidate; he remains part of Trump’s foreign policy team and has been interviewed
  • James Woolsey is another candidate — we know he has spoken with Mueller and has been critical of the tension between the White House, Congress, and FBI of late
  • Stephen Miller was at the meeting and interviewed with Mueller last year; I would think he would be a Sessions loyalist, though

I raise all this because, while Republicans in Congress are largely dodging the issue of protecting Mueller from Trump, some people closer to the investigation are calling Sessions on his hypocrisy. That might be far more dangerous to the Trump administration in the near term.