Posts

Quantum Leaps: The So-Called Whistleblower That Got NSA’s Top Mathematician Fired

Tulsi Gabbard has a so-called whistleblower (SCWB) on whose claims she has built wild conspiracy theories that conflict even with what Kash Patel and John Ratcliffe have said after reviewing the same documents. The SCWB’s claims about … well, a bunch of things, are so flimsy I thought I could just ignore them.

Sadly, I can’t.

Tulsi just used the claims to fire a top NSA mathematician, Vinh Nguyen, over the objections of the Acting Director of NSA.

The acting director of the National Security Agency tried to protect one of his top scientists from losing his security clearance as Tulsi Gabbard, the director of national intelligence, prepared to announce the move this week, according to officials briefed on the matter.

The effort failed. Ms. Gabbard, on orders from President Trump, fired the scientist, who was a leading government expert on artificial intelligence, cryptology and advanced mathematics.

SCWB also seems to harbor a grievance against Shelby Pierson based on his own conspiratorial misunderstanding. Pierson warned against Russian interference in 2020, and had since moved back to lead the analytical team at the National Geospatial-Intelligence Agency. She was ousted along with Nguyen.

So this whistleblower complaint appears to have led to the ouster of two senior intelligence officials.

And his claims are riddled with problems.

As laid out in documents Tulsi has released, there are several parts to his complaint (but they’re so disorganized they make me worry about the analytical ability of what must be one of the Intelligence Community’s top analysts). What appears to have happened is the SCWB felt that Nguyen pressured him to adopt one of the Key Judgments of the 2017 ICA weeks after the fact, and it led him to get paranoid about everything that happened before and after that. Based off a misreading, a rumor, and an apparent chip on his shoulder, in 2019 he came to believe that both Nguyen and Pierson had been hiding that the Steele dossier had a role in the ICA that it provably did not have, and based on that, he tried to submit a whistleblower complaint, with little success, until Tulsi came along.

Here’s the timeline:

February 2016: Squire Patton Boggs shares concerns about voting

Years after the fact, SCWB retroactively came to suspect that a law firm reaching out to raise concerns about election integrity must have been a malicious attempt to influence the election.

Late 2016: Stand down on election infrastructure intrusions

Leading up to the 2017 Intelligence Community Assessment, SCWB was tasked, with one other person, with doing an overview of Russian intrusions into voting infrastructure. The more they looked, the more they found, but with one exception, there was no exfiltration involved. Before that was finalized for the ICA, someone — this may be Nyugen again — told him to stop working on one particular intrusion because it was something else.

SCWB claims that his work didn’t make it into the ICA, but there are nine paragraphs on the subject, including this one, which appears to list the “something else” as criminal hackers.

Unidentified actors operating from leased commercial infrastructure commonly used in GRU operations also targeted US state and local voter registration systems. We have low confidence in attributing these reports to the GRU because such services are commonly used by cybercriminals, who probably conducted at least some of the intrusion attempts to collect personally identifiable information on US victims.

Years later, SCWB would come to believe this something else was not criminal hackers, but a continuation of the DNS fabrications John Durham invented as part of his pursuit of a Russian conspiracy theory. SCWB based this in part on a deliberately inflammatory and factually erroneous court filing which had to be walked back, but not before Kash Patel and Trump weighed in to invite death threats.

Tellingly, Tulsi didn’t provide the backup to this SCWB claim, which suggests it could withstand even less scrutiny than the rest of his claims.

January 4, 2017: Treatment of foreign media

SCWB also complained about how the ICA dealt with foreign media, reasoning that there were other foreign media outlets seeking to intervene in the election, so it would be unsound analytically to present only the Russian attempts to denigrate Hillary. According to an endnote, he raised this issue on January 4, 2017, the day before the ICA was finalized.

Early to mid-January 2017: The Key Judgment dispute (SCWB complaint version)

The first complaint presented in his complaint (which appears in two places, and is actually the third or fourth complaint chronologically) is that he was pressured to adopt the ICA judgment that the Russians wanted to influence the election, period, but especially to support Trump.

In the second description of this, SCWB places this temporally before the ICA was finalized and contextualizes the dispute against the backdrop of changing views between September and January (precisely the view Tulsi adopted in her propaganda work). That second description includes a number of assertions that don’t match the documents Tulsi released.

Through my role in leading production of the prior 2016 ICA, I also knew that as recently as September of 2016, other elements of the ICvi had pushed back during analytic coordination on warnings of Russian intent to influence the 2016 presidential election, stating that such a judgement would be misleading. Yet, by January, at least one of the IC Elements that had pushed back (the Federal Bureau of Investigation) had seemingly altered its position and embraced a judgement of Russian intent to influence the election, seemingly without any new data other than the election’s unexpected result and public speculation that Russia had ”hacked” the vote – a scenario that, we in the IC judged, simply did not occur.

His endnote, vi above, cites to this email, which is entirely limited to voting infrastructure intrusions.

On page 5, under the “(U// ) Adversaries with Intent” section, we would prefer for the first sentence regarding Russia’s intent to be softened. The way it currently reads, it would indicate that we have definitive information that Russia does intend to disrupt our elections and we are uncomfortable making that assessment at this point. We would suggest editing the sentence to read as the following (changes highlighted): “( ) We judge Russia to be the only nation state with the current means and possible motivation to use cyber attack to disrupt the 2016 election or deny political legitimacy to US presidential candidates.” We would also suggest editing the title of that section to instead read something along the lines of “(U// ) Evaluation of Likely Adversaries” so that it doesn’t mislead the reader to believe that the IC currently has information indicating Russia has a known intent to influence the elections.

So SCWB is the source of Tulsi’s own conflation of warnings about Russian intent to change the vote with Russian intent to influence who won, and as such his claims about changed views are simply not backed by the record. They’re more defensible in his case, both because he came to this problem from the focus of voting infrastructure and was compartmented out of discussions about Russian intent. But it’s still provably a conflation of two different things.

Furthermore, CIA fully backed the view that Russian intended to help Trump, but even if SCWB were right that only FBI had changed their view, that could reflect several prongs of the criminal investigation about which no one else knew — that George Papadopoulos had gotten seeming advance warning of Russia’s effort to harm Hillary and Carter Page claimed he had an “open checkbook” to found a pro-Russian think tank.

At that level, then, his primary complaint replicates (or, more likely, is the source) of all the problems with Tulsi’s larger conspiracy theories, that he claims not to know the difference between a voting machine and a DNC server.

In the first telling of this conflict, however, SCWB made specific claims about what he remembered his NIO — understood to be Nguyen — saying, six years later:

There is reporting you are not allowed to see, if you saw it, you would agree.

Isn’t it possible Putin has something on Trump, to blackmail and coerce him?

You need to TRUST ME on this.

I need you to say you agree with these judgments, so that DIA will go along with them! [emphasis original]

This is the claimed source of pressure and now the likely explanation for the firing of one of NSA’s top mathematicians.

Importantly, this exchange necessarily came after the finalization of the ICA, because (in SCWB’s telling) it was influenced by James Clapper’s purported reaction to the briefing of the Steele dossier to Trump.

According to [], the DNI had been surprised by DIR Comey’s unilateral, last moment inclusion of the “Steel Dossier” in briefing materials — supposedly inserted by DIR Comey as the group rode together in a government vehicle. [] had characterized the “Steel Dossier” as being viewed by the DNI, and [] as well, as non-credible sensationalism, and to my knowledge the material had never been taken seriously by the IC.

But the rumor about Clapper turned out to be wrong.

While SCWB may have had not access to this for some time, Clapper testified to HPSCI in July 2017 that the plan ahead of time was to have Comey brief Trump on it.

MR. CLAPPER: No, the only purpose was to make sune that the President-elect was aware it was out there. And when we went up to brief him and his team on the 6th of January, we had deliberately planned ahead of time that we’d bring this up, but neck down just to him and to Director Comey.

In other words, SCWB’s entire understanding was based on a false rumor of what went on — not to mention a seeming sustained and unpersuasive ignorance of what was publicly reported on the dossier.

Again, I have no complaint that SCWB didn’t budge his judgment based on the fact that he was not read into the Fusion Cell compartment, which is what really was going on. But really, the dispute is overblown, because by this point (again, several weeks after the publication of the ICA) the ICA was already stale. I know I didn’t care whether DIA bought off on it weeks after the fact.

Importantly, however, Tulsi’s entire conspiracy theory is based on SCWB’s uncorrected adoption of a rumor here.

September 2019: The dossier tantrum (SCWB complaint version)

SCWB’s mistaken belief that the dossier was somehow the secret thing that was central to the ICA that he didn’t know about likely explains the way he threw a tantrum about it in September 2019, based off a wild misreading of an email to him.

At a time when the precise role of the dossier had been public for over a year, he was forwarded a FOIA request referencing “Shelby” — which he seems to have taken as a reference to Shelby Pierson — to search for references to the dossier because “an assessment” of the dossier “was added as an annex.”

Shelby believes this should be responded to by the NIC as the dossier was a factor in the 2017 ICA on the election interference in which an assessment of the document was added as an annex.

Please review the attach document and conduct a search for the time period May 2016through February 2017 of all records of communication (including emails on both .gov and non-.gov accounts, text messages, and instant chats) between the office of the Director ofNational Intelligence, including but not limited to former ODNI Director James Clapper, and the office of the Director of the Federal Bureau of Investigation, including but not limited to former FBI Director James Comey, regarding the collection of memos known as the “Steele Dossier.”

The SCWB replied in a tizzy, asserting that the non-compartmented version of the ICA had no dossier reference (which is true) and stating that his analytical scrub of the classified non-compartmented version did not include anything represented to be dossier materials (also true).

He then went on to repeat the rumor about what Clapper said about the dossier that also had been publicly debunked for years.

I was asked by NIO Cyber [ ] to participate in the analytic scrub of the non-compartmented version of what I think is the 2017 ICA referenced below. It included no dossier reference that I recall.

  • I was not / am not in all of the Russia compartments, and so I did not participate in the crafting of the compartmented version
  • At no point did [] suggest that there was any analytically significant reporting that I was NOT seeing, with the exception of compartmented material (I asked repeatedly, because of analytic concerns I held regarding a KJ that remain unresolved to this day.)
  • At no point did I see or consider what I gather is, or was represented to be, ‘dossier’ materials.

I did hear second hand from [], ostensibly recounting words of then DNI Clapper, on the day of a briefing to current [then, I think, just elect] POTUS, about inclusion of dossier materials in a presentation to POTUS elect. This was characterized as an unexpected and unwanted sudden and unilateral act by then DIR FBI Comey, and as a source of concern to the DNI.

To this day, I have never seen or reviewed dossier materials in a work setting. I did recently hear them referenced by two colleagues in terms consistent with the email below, which struck me as concerning and at odds with my personal experience working election issues during 2015-2017.

  • With that single, recent exception, other than the email below, at no time in my IC career has ‘dossier’ material ever been represented to me in a work setting as something the NIC viewed as credible, or that was influential in crafting NIC products.

Once the dossier was in the ICA — and Clapper addressed that in public testimony in May 2017 — then its briefing to Trump was inevitable.

After another exchange, the SCWB ratcheted up his tantrum.

3. IF the Dossier material WAS used by the NIC, unless it is also compartmented, my NIO intentionally deceived and excluded me from things I was cleared for and had need to know, throughout his entire tenure here. I prefer to think that isn’t true, but if it was, we have a problem.

4. IF instead, Shelby or [] are mis-speaking about what the NIC was considering in its’ analyses, it’s a pretty reckless idea to fling out in an FOUO email.

The recklessness was and remains SCWB’s. No one said the dossier had been included in the analysis; he projected that onto the email sent him. And while Tulsi has studiously avoided releasing the annex that spoils her propaganda, Chuck Grassley did, revealing this caveeat:

We have only limited corroboration of source’s reporting in this case and did not use it to reach the analytic conclusions of the CIA/FBI/NSA assessment.

Further, the annex does compare the dossier with compartmented intelligence, meaning its classification was sound.

He simply made it up to have a tantrum.

In his later whistleblower complaint, he obscured the false rumor on which this was all based, claiming only he “had been led to believe that the prior- DNI Clapper viewed the ‘Steel Dossier’ material as untrustworthy.” That doesn’t excuse adhering to that for years, long after it was debunked.

And he seemed to concede that in the original email he had blown an “annex” out of proportion. To sustain his tantrum, he said that this would be a potential inappropriate use of classification,” except he bases that on a claim that the dossier was “widely available” in the press when it didn’t become available until five days after the ICA release.

I thought this meant either the premise of the FOIA email was incorrect – or – that “Steele Dossier”-related material was held in CAP channels, which seemed like a potential inappropriate use of classification for something so widely available in the open source press. If the material had actually been a “factor,” or, even just attached to a compartmented ICA, and whether the 2017 ICA’s judgements were valid, or not, it seemed that (and other NIO) had been actively misleading me, and potentially other NIC deputies, for several years.

By 2023 when he submitted this, all the evidence that he was wrong about the dossier and wrong about the briefing was public. But he nevertheless still stewed on his resentment that was based on those mistaken beliefs.

2019 to 2023: Whistleblower’s complaint

Starting after SCWB’s dossier tantrum in 2019, he started making complaints, first to management, and then to Inspectors General. But for much of that period, he wasn’t so much trying to make a complaint; he was trying to share information with John Durham. After the ICIG told him, in 2022, that they had no way to facilitate that referral, he tried to reach out to Durham’s office directly.

2022: Durham outreach

Tellingly, Tulsi doesn’t include the backup to SCWB’s DNS theories, so there’s no way to assess whether his theories are anything more than conspiracy theory (though, as noted, he himself sourced them to a deeply problematic court filing). He describes speaking to someone from the office (though he clearly didn’t believe the person did have ties to the office), but was put off because of ongoing trials.

[] replied to the effect that the Special Counsel was busy with upcoming trials, but that they would get back to me. Following conclusion of that trial, no contact from or anyone in DOJ was forthcoming. I was never asked to interview, or to attest to any of the events, or for a more detailed description of my concerns.

You really get the sense that SCWB was beginning to lose it by this period.

For example, nowhere does he seem to consider the many ways in which Durham’s own conspiracy theories about DNS were destroyed in the first trial — again, that was public. There was no real DNS theory left afterwards, so it is unsurprising that no one from Durham’s office reached out, in the wake of two humiliating acquittals, to further pursue theories that their own prosecutions had debunked.

January to June 2023: A belated DNS panic

A year after the Michael Sussmann trial disclosed that the FBI’s investigation of the Alfa Bank DNS anomalies was a shitshow, and weeks after Durham released his report trying to fudge that fact, SCWB renewed an attempt started years earlier to share a hypothesis with Durham: that the intrusions into some voting-related servers in 2016 were in fact fabricated by the people (he still falsely believed) had fabricated the Alfa Bank anomalies themselves.

The palpable frustration that no one responded to his concerns are fairly common for whistleblower attempts of any sort. All the more so for theories that have been debunked in a trial and Special Counsel report.

SCWB’s paranoid conspiracies

As I said above, I’m sympathetic with some of SCWB’s complaints. He’s entitled to refuse to budge on the ICA’s key judgments. He’s entitled to question the analytical rigor of assessing only one country’s media campaign (though by his own description, he did that after the fact).

But as someone who reconstructed the conflict between himself and Nguyen, six years later (that is, long after his mistaken beliefs had been debunked), as SCWB himself refusing to “abandon my tradecraft standards” and adhering to the “‘religion’ of analysts,” clinging to such paranoid conspiracies is inexcusable.

Though it does prove lucrative when your paranoid conspiracies happen to tell the incoming DNI and President precisely what they want to hear. If my understanding of SCWB’s identity is correct, he has served in a White House position advising on cybersecurity and now likely participates in the grift of Golden Dome. In the age of Trump, adherence to paranoid conspiracies is very lucrative.

But, unfortunately, they also lead to the United States purging key intelligence resources.

Share this entry

Mike Rogers Doesn’t Exculpate Trump on “Collusion” Like Trump Once Thought

On Monday, House Judiciary Committee made available two sets of documents I’ve already covered:

On Tuesday, Tulsi Gabbard announced she was stripping the clearance of 37 current and former spooks, in a thinly veiled political purge. NYT provides background on some of the people Tulsi purged, including Vinh Nguyen, who was purged because he allegedly pressured Tulsi’s so-called whistleblower to affirm conclusions in the 2017 ICA, but who had remained in active service as a crucial contributor to NSA’s quantum computing efforts until this purge. This purge clearly places loyalty to Trump over America’s most crucial intelligence efforts.

Add these 37 people to the long list of those who been purged in service of Trump’s invented grievance about the 2016 election:

I’ll return to the way that Tulsi continues to use the hoax about Russia as an excuse to purge those who might contest Russia. The degree to which Russia has milked Trump’s grievances to destroy US capabilities against it is one of the reasons I view the 2016 operation as the most successful intelligence operation of recent history.

But for now, I want to show how these two efforts work in tandem, but also show that Tulsi’s purge actually helps to confirm that Trump “colluded” with Russia in 2016.

Back in 2023, I did a post on the releases to Judicial Watch (release 1release 2) of the Crossfire Hurricane binder, which led me to conclude it was one dumbass binder. In that post, I developed a rough list of what was included in the binder, what was withheld from JW under FOIA, and what was listed as pending when Trump created the binder in 2020. We can compare my earlier list with what has been currently released, which I put into a table here.

These are close to but not quite matching documents. There were 270 pages omitted entirely from the JW FOIA (I noted only the larger chunks of withheld documents in my list). The current release omits the June 29, 2017 Carter Page FISA application, which is 121 pages.

That leaves roughly 16 pages that were in the original Crossfire Hurricane binder (as reflected in the JW FOIA) not reflected in the current release, though most if not all of those pages reflect the tracking of requests Trump made to DOJ, some of which appear in the current release as Tab numbers, some of which had not been fulfilled by the time Trump’s team put together the binder in January 2021. Two are identified: Request 14, for materials on Michael Sussmann or other Perkins Coie lawyers, and Request 17, for a meeting between Bruce Ohr and Andrew Weissmann about money laundering. Three, Requests 1, 5, and 6, are not identified.

I’ve put more analysis below, which addresses how badly cherry picked this binder was. In addition to intentionally burning Christopher Steele and Stefan Halper, as well as FBI’s informant confidentiality promises, this binder told a Russian spy story, not the story of the investigation.

But for now, I want to focus on the Mike Rogers 302 which had previously been released in heavily redacted form as part of Jason Leopold’s FOIA in 2020. The comparison of the two releases all but confirms that only Rogers’ 302 was included in the binder, even though Robert Mueller interviewed all of Trump’s top spooks back in 2017. The inclusion of Rogers, but not Rick Ledgett, likely helps to explain why Ledgett was purged along with 36 other people yesterday.

The 302 doesn’t help Trump’s current case all that much.

For example, it records that Rogers was the one who, “suggested the information [from the Steele dossier] be included in an annex or appendix rather than in the nearly one page summary he had seen.” That is one of the alleged crimes at the core of the HPSCI report, here attributed to the guy Trump treated as his most favorable government witness in 2020.

Some of the rest of the interview undercuts claims that Crossfire Hurricane investigators were trying to harm Trump. Notably, Rogers remained ignorant of the Mike Flynn prong; but he also explained that the collection on Flynn would have targeted the people he spoke with.

Much of the rest of the interview — and the reason, I suspect, why Trump included this in his dumbass binder — focuses on a March 26, 2017 conversation that Trump had with Rogers, which was the subject of public reporting in 2017, including a Nakashima/Entous story that was likely of interest to the leak investigation. It includes this language:

According to ADM Rogers’ recollection of the call and the memo, President Trump expressed frustration with the ongoing investigation into Russian interference, saying that it made relations with the Russians difficult. ADM Rogers noted that when President Trump speaks, he tends to talk in long strings and it is not immediately clear what he expects to be answered and what is rhetorical. The President often doesn’t pause for an answer before continuing to talk. During the call, President Trump disagreed with definitive assertions that the Russians were responsible for the hacks and said it was impossible to tell who was actually responsible for the hacking. He also said it was making it hard for him to deal with the Russians, and asked ADM Rogers what he thought. ADM Rogers acknowledged it was does make relations difficult, but then explained in detail, but at a high level, the intelligence supporting ADM Rogers’ confidence, and the rest of the community’s, that the Russians were behind the hacks. President Trump stated they would have to “agree to disagree” on the matter. [two lines redacted under Other Government Agency redaction] President Trump then asked ADM Rogers if he would say “that” publicly. ADM Rogers interpreted “that” to mean [one line redacted under Other Government Agency redaction]. ADM Rogers told President Trump he could not do that, as he did not and could not discuss USPERs in unclassified settings. President Trump did not ask him to “pushback” on the investigation itself, but he clearly did not agreement with the assessment of the Russian involvement.

This passage is not all that helpful to Trump either. The FBI released this even as Tulsi is attempting to undercut claims that Russia did the hack-and-leak, but it reaffirms IC certainty that Russia was behind the hack. It proves Tulsi is lying now!

It also makes it clear that Trump went to great efforts to clear the way to fulfill his commitments to Russia in 2017, with no success.

That Rogers interview took place one day before Rick Ledgett’s interview, the 302 for which remains mostly redacted.

The Mueller Report explains (in a section likely pertinent to Edward Gistaro’s inclusion on Tulsi’s purge list as well) why having just Rogers’ side of this exchange would be of interest.

On March 26, 2017, the day after the President called Coats, the President called NSA Director Admiral Michael Rogers.347 The President expressed frustration with the Russia investigation, saying that it made relations with the Russians difficult.348 The President told Rogers “the thing with the Russians [wa]s messing up” his ability to get things done with Russia.349 The President also said that the news stories linking him with Russia were not true and asked Rogers if he could do anything to refute the stories.350 Deputy Director of the NSA Richard Ledgett, who was present for the call, said it was the most unusual thing he had experienced in 40 years of government service.351 After the call concluded, Ledgett prepared a memorandum that he and Rogers both signed documenting the content of the conversation and the President’s request, and they placed the memorandum in a safe.352 But Rogers did not perceive the President’s request to be an order, and the President did not ask Rogers to push back on the Russia investigation itself.353 Rogers later testified in a congressional hearing that as NSA Director he had “never been directed to do anything [he] believe[d] to be illegal, immoral, unethical or inappropriate” and did “not recall ever feeling pressured to do so.”354

347 Rogers 6/12/17 302, at 3-4.

348 Rogers 6/12/17 302, at 4.

349 Ledgett 6/13/17 302, at 1-2; see Rogers 6/12/17 302, at 4.

350 Rogers 6/12/17 302, at 4-5; Ledgett 6/13/17 302, at 2.

351 Ledgett 6/13/17 302, at 2.

352 Ledgett 6/13/17 302, at 2-3; Rogers 6/12/17 302, at 4.

353 Rogers 6/12/17 302, at 5; Ledgett 6/13/17 302, at 2.

Rogers claimed Trump made no ask of the NSA Director, but he only gets there by claiming that you can never tell when Trump is making an ask. Ledgett claimed that this was the most “unusual” thing he had experienced in 40 years serving the country, which is probably why he chose to document it.

Now consider those two redactions. Per the WaPo story that led to this interview, the ask was a request to deny evidence of “collusion,” which Rogers deferred by saying “he did not and could not discuss USPERs in unclassified settings.”

Trump made separate appeals to the director of national intelligence, Daniel Coats, and to Adm. Michael S. Rogers, the director of the National Security Agency, urging them to publicly deny the existence of any evidence of collusion during the 2016 election.

Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate, according to two current and two former officials, who spoke on the condition of anonymity to discuss private communications with the president.

[snip]

“The problem wasn’t so much asking them to issue statements, it was asking them to issue false statements about an ongoing investigation,” a former senior intelligence official said of the request to Coats.

But Rogers’ answer — and the redaction — only makes sense if they were speaking of specific evidence of “collusion,” not the absence thereof. The quote to WaPo makes it clear that the source believed there was affirmative evidence of “collusion.”

That is, the redaction strongly suggests that Trump asked Rogers not to deny “collusion,” but to deny that the intercepts NSA had implicating Trump’s closest aides (and likely his son and son-in-law, though NSA may not have discovered all of those yet) confirmed “collusion.”

So on Monday, Jim Jordan celebrated the release of a Mike Rogers 302 the redactions to which suggest Trump asked Rogers to lie. And on Tuesday, Tulsi purged the guy who testified he found that disturbing.

Additional analysis

Carter Page FISA: As noted above, one of the main withholdings from the current document set that was in the binder on January 19, 2020 is the final Carter Page FISA, which had already been sequestered by FISC at that point. We have every reason to believe at least one version of the full binder went to Mar-a-Lago. That strongly suggests that a sequestered copy of the Page document was found at Mar-a-Lago in the August 2022 search. That, in turn, may help to explain why Kash Patel had to plead the Fifth when testifying to the Jack Smith grand jury: because if that FISA application did go to Mar-a-Lago, then it reflected material over which the FISA Court had special handling instructions, a separate crime.

George Papadopoulos doth protest materials: The binder’s treatment of George Papadopoulos is rather stunning. First, there’s the inclusion of the Joseph Mifsud 302, which like the Papadopoulos 302s from the same period — which are not included — admits to some of their contact, but obscure other parts. There’s nothing credible about this 302, but it is presented as if it helps Trump’s cause.

Meanwhile, the treatment of the Stefan Halper files is wildly uneven. It includes backup materials and the 302s describing how Halper got asked to reach out to Carter Page and others (it also reveals that Halper and Peter Navarro were buddies). The materials include much, if not all, of Halper’s conversations with Carter Page. But the single solitary scrap of his reporting from conversations with Papadopoulos is a cherry picked fragment declassified for House Republicans. But it leaves out Halper reporting in which, for example, Papadopoulos discussed monetizing his access to Trump, an effort that underlay his relationship with Sergei Millian. In short, there are vast swaths of the investigation into Papadopoulos left out here, with just Mifsud’s 302 included as stand-in, as if that exonerated Papadopoulos.

Christopher Steele materials: At least a hundred pages of Christopher Steele materials were withheld from the JW FOIA:

The latter is the most interesting to me, because it is incomplete. As one example, there’s a section about whether there was corroboration for the claim that Trump had agreed to intervene in Ukraine. It mentioned the platform changes and part of Trump’s July 21 comments about NATO, but does not mention that he publicly stated he would consider recognizing Russia’s annexation of Crimea. And while the date of this report is not marked, it also includes no comment about the discussions between Paul Manafort and Konstantin Kilimnik about carving up Ukraine, nor does it mention the floated offer to Michael Cohen.

Similarly, the table is rightly critical about references in the Steele dossier that purport to rely on Millian. But they don’t mention that Millian was saying some of the things about Trump publicly that got recorded in the dossier.

And another timing issue: The table claims there’s no corroboration that the Kremlin was involved in the dissemination of the John Podesta material. There was never a time in 2017 when that was true.

Perhaps the most interesting bit about the Steele material, however, pertains to the John Durham investigation. In many ways, this binder reflects what Durham was asked to investigate. But no Igor Danchenko materials were included in here. That’s fairly stunning, given the extent to which right wingers later incorporated Danchenko’s reporting into their conspiracy theory. All the more so given that the binder makes a big deal that Steele and Stefan Halper were closed for cause, but does not mention Danchenko, who was closed in the same period that Halper was, and for the same reason (that right wingers exposed his tie to the FBI).

David Kendall defensive briefing: One testament of the degree to which this binder was the roadmap for Durham is the defensive briefing given to Hillary Clinton’s lawyer, David Kendall, about a Turkish influence operation in October 2015. Defensive briefings make up a big chunk of the Durham report, which attempted but failed to show that Hillary was more favorably treated. The inclusion of it is all the odder given that when Trump and Mike Flynn got a defensive briefing, the FBI did not yet know that Flynn was a willing participant in a parallel Turkish influence campaign.

Share this entry