“Embarrassingly Wrong:” The Ongoing Misinformation Campaign about the Hunter Biden Hard Drive

Trump’s Executive Order stripping 51 former spooks of clearance for writing a true letter expressing their opinion that Rudy Giuliani’s claims to have Hunter Biden’s emails “has all the classic earmarks of a Russian information operation” has led to inevitable false claims about the hard drive people falsely call a laptop.

Shockingly, it comes from Shane Harris, who at least while at WaPo would not make the kinds of errors he makes in this piece.

Harris states as fact that the 51 spooks were “embarrassingly wrong” and as proof, asserts that “the emails really did turn out to belong to Hunter Biden.”

But they were wrong. Embarrassingly wrong. The emails really did turn out to belong to Hunter Biden, and they raised legitimate concerns that he was trying to profit from his father’s political position. No evidence ever surfaced that Russia had played a role in bringing the emails to light. Intelligence experts sometimes make bad calls. This was one of those times.

[snip]

Some of the signatories still defend their work by noting, correctly, that they said the emails might be part of some Russian trick, not that they definitely were. That too-cute defense does not absolve them of bad judgment.

Except, as John Brennan noted in an interview on MSNBC, one thing they posited in the letter is that the information might be “accurate information,” noting that Russia did just that in the 2016 presidential election.

Such an operation would be consistent with some of the key methods Russia has used in its now multi-year operation to interfere in our democracy – the hacking (via cyber operations) and the dumping of accurate information or the distribution of inaccurate or misinformation. Russia did both of these during the 2016 presidential election. [my emphasis]

Harris knows this stuff! While the Guccifer 2.0 persona altered some of the documents stolen from the DNC and misrepresented others and Yevgeniy Prigozhin’s trolls engaged in outright fabrication, the emails stolen from John Podesta were authentic. The operation nevertheless succeeded in sucking up all the attention in the last several weeks of the election, with scandals manufactured out of inconclusive emails, just like the ones used in the NYPost story.

So claiming that the spooks were wrong because the emails really did turn out to be Hunter’s simply misrepresents both the letter and the mechanism of information operations.

As for Harris’ claim that, “No evidence ever surfaced that Russia had played a role in bringing the emails to light”?

Even ignoring Lev Parnas’ testimony that Rudy was offered a laptop hacked with the assistance of Russian spies in 2019 (while unverified, that is evidence, and Mykola Zlochevsky got the legal relief from Trump’s DOJ that Parnas claimed Rudy was offering at the time), the available record shows that the FBI didn’t do the most basic work they would have had to do to check for such evidence.

Remember, the currently operative story is that someone claimed to be Hunter Biden dropped off three devices at John Paul Mac Isaac’s store in April 2019. JPMI kept one to made a copy of the data. But no one ever retrieved the laptop or a hard drive on which JPMI stored the data. So after snooping through it all, months later, JPMI’s father offered up the laptop to the FBI. In December 2019 — days after Rudy traveled to Kyiv to meet with Andrii Derkach and the same month when DOJ shut down an investigation into Mykola Zlochevsky — FBI obtained both the hard drive and a laptop using a subpoena referencing a money laundering investigation that is not referenced in the warrant from the known tax investigation.

But there’s little evidence that the FBI checked that story. Indeed, the public evidence suggests there’s something fishy about the hard drive, which was the basis for all the other copies, including the one Rudy got.

  • Mac Isaac’s own description of his actions does not match that of the FBI. On top of timeline discrepancies (including about whether FBI accessed the device before obtaining the known warrants), that includes misidentifying the devices dropped off at his shop and falsely claiming the laptop ultimately turned over to FBI did not have a removable hard drive (which was JPMI’s explanation for why he copied the laptop in the way he did).
  • A March 31, 2020 email documented concerns, “about quality and completeness of imaged/recovered information from the hard drive” that “for a variety of reasons [USAO] thought they needed to keep it from the agents” who might testify at trial.
  • Ten months after obtaining the laptop, the FBI had never checked the creation date of the files on it and the FBI never indexed the laptop (nor did it Bates-stamp the files they used at trial).
  • Hunter Biden’s laptop data was not introduced at trial via an expert witness. Rather, a summary witness introduced the data, and she clearly testified she had not been asked to check for signs of tampering. The only things she mentioned at trial that validated the laptop is that the laptop matched subpoena information for Hunter’s iCloud (which may mean no more than that it accessed the account) and Hunter’s publicly available iCloud email account had received an email from John Paul Mac Isaac. Those sworn claims were far short of the things investigators had earlier claimed tied Hunter to the laptop: an exchange of calls, a local purchase, and “other intelligence.”
  • The expert validation used in lieu of expert testimony does not identify the device(s) it validated and only refers to a single extraction report even though two separate extractions (one of the hard drive, another of the laptop) were done.
  • According to prosecutors, the Cellebrite report of the hard drive from which (according to JPMI) all subsequent copies were made is 62% larger, by page count, than the Cellebrite report of the laptop itself.

FBI’s thin validation of the laptop could not rule out involvement of others, not least because of Hunter’s otherwise erratic behavior in the period.

  • At least seven different laptops had accessed Hunter’s iCloud account in the years leading up to Mac Isaac obtaining it; Zoe Kestan testified that Hunter would do business from her laptop and she had access to his bank account via that laptop.
  • Kestan also testified that Hunter would give her and his drug dealers one time codes so they could access his bank accounts.
  • In January 2019, Hunter claimed that his Russian drug dealer had stolen a laptop (this may actually have been an iPad) from him in August 2018; this was the same period when new devices accessed Hunter’s Venmo account from two different cities within 12 minutes of each other. David Weiss appears to have made an error in the Tax Indictment about a closely related Venmo transaction.
  • The access to the laptop in FBI custody does not match Hunter’s normal pattern after obtaining a new device of logging into his iCloud account and at least one of his Google accounts in fairly quick succession.
  • The days before Hunter bought the laptop that would eventually end up in Fox News pundit Keith Ablow’s custody, he paid a Slavic sex worker over $8,000 via four different transactions and different bank accounts, an outlier both in amount and the multiple payment methods.
  • The laptop itself has an inexplicable collection of data, much of which is unavailable from the iCloud backups obtained with warrants in 2019.

Hunter Biden was an addict. As such he had almost no control over his own devices, and both Kestan’s testimony and his own memoir describe that he routinely lost devices. Particularly given the known access he provided others and the number of devices that accessed his iCloud account, it would be child’s play for nefarious actors to package up Hunter’s data on a laptop.

And, at least as late as David Weiss made that error in the tax indictment, no one at FBI or DOJ appears to have tried to check what happened to Hunter Biden’s devices (I think the Kestan testimony may have been based on interviews just before the June gun trial). By all appearances, DOJ had no plan to use evidence from the laptop had the tax case gone to trial.

In his testimony for Jim Jordan’s investigation regarding the letter, James Clapper repeatedly said he’d like a statement about the FBI’s forensic analysis of the laptop. At Kristin Wood’s interview by the Committee, Trump’s OMB Deputy designee (and then Congressman) Dan Bishop said, “If, in fact, the FBI has not conducted a forensic investigation, or has conducted a forensic investigation and has suppressed the results, should the American people continue to defer to the FBI?” Yet when I tried to liberate that forensic report last year, DOJ successfully fought its release.

I’m not saying that this was a Russian operation. I’m saying that, based on the public record, the FBI did scandalously little to even test whether it could be; there’s no evidence they took the steps they would have needed to rule it out and plenty of reason to believe they did not.

The FBI never even indexed the laptop, not over the course of four years of reliance on it. They’re in no position to make claims about its provenance.

And so, Shane Harris is in no position to lecture spooks about them being “embarrassingly wrong.”

Herod Goes to the National Cathedral and is Disappointed

The Right Reverend Mariann Edgar Budde, Episcopal Bishop of Washington DC

It was amusing to me to hear Trump’s reaction to the service at the National Cathedral on January 21st. I’ve been a pastor for a long time, and heard many opinions offered about the quality (or lack thereof) of the services I’ve designed and led and the sermons I’ve given. To me, Trump’s reaction says a lot more about him than it does about Episcopal Bishop Mariann Edgar Budde.

To start things off, here’s the printed program [pdf] prepared for those who attended the service. (You can watch the video of the service on the Cathedral’s YouTube channel here.) Notice the title on the front cover: “A Service of Prayer for the Nation.” Notice what isn’t on the front cover? Two words: Donald Trump. The message is clear, right from the start – this isn’t a celebration of Trump, like the inaugural balls or the rally at the Capital One arena. This is a service for the nation.

Not for “the citizens of” the nation.
Not for “the taxpayers of” the nation.
Not for “the leaders of” the nation.
This was a service for the nation – the *whole* nation.

Trump can attend, but it’s not about him or for him. It’s a service for the nation.

It’s also a service of prayer, and as I browse through the program, I can’t help but see the *whole* nation raised up again and again and again.

The pre-service music is an eclectic mix. The carillon selections are largely American composers, pairing old composers with 20th and 21st century arrangers. Two of the compositions are by anonymous composers, whose names have been lost to history while their music has not. The four organ selections are by two Lutherans (Bach and Buxtehude) and two Jews (Fanny Mendelssohn and her younger brother Felix). Bach and the Mendelssohns were German, and Buxtehude’s roots are more complicated because of the changing borders of Denmark, Sweden, and northern Germany at the time he was born. The brass selections come from three great composers from three nations: John Rutter (England), Anton Dvorak (the Czech Republic), and Aaron Copland (one of the greatest American composers). The pre-service music concluded with five choral pieces, each of which has deep roots in American religious life. These selections set the tone: this is a service for all the nation, with a mix of instruments, a mix of composers, and music with a mix of ethnic and religious roots that befit the mixed and diverse roots of the nation.

The Entrance Rite began with words from Jesus in Mark 17: “My house shall be called a house of prayer for all people.” Note those last two words: all people. Not a few, not some, not many, but *all* people. After a blessing from the traditions of the First Americans, the indigenous people who were here long before the Mayflower and Jamestown; long before Cortez, Pizarro, Balboa, and Ponce de Leon; long before Columbus and long before the Norse; the opening hymn by Fred Kaan was sung by all who are present in this moment, beginning like this:

For the healing of the nations, God, we pray with one accord;
for a just and equal sharing of the things that earth affords;
to a life of love in action help us rise and pledge our word.

I can imagine that a beginning like this put Trump in a pickle. “It’s all woke crap” he must have been thinking. “When will we get to the acclamation of my win in the election? When will we get to their acknowledgment of my power, my success, my victory? When are we going to get to the praise of me?” Spoiler alert: Never, never, and never. Because this service was never going to be about Trump, and I’m sure that never even dawned on him as he arrived at the National Cathedral.

But back to the hymn.

Lead us forward into freedom; from despair your world release,
that, redeemed from war and hatred, all may come and go in peace.
Show us how through care and goodness fear will die and hope increase.

In the context of Trump’s campaign, and the even closer context of Trump’s post-election announcements of his plans for the first hours and days of his administration, these words are a respectful yet powerful rebuke. Kaan is quite clear: the vision of the God to whom this prayer is addressed is One who prizes justice, equality, love, freedom, peace, care of others, goodness, and finally hope. This God is likewise dedicated to the end of slavery, despair, war, hatred, and most of all, fear. That last list is Trump’s go-to list, and Kaan named and condemned it out loud, in no uncertain terms, in four part harmony.

But Kaan was not done.

All that kills abundant living, let it from the earth be banned;
pride of status, race, or schooling, dogmas that obscure your plan.
In our common quest for justice may we hallow life’s brief span.

I knew Fred Kaan, whose early life was shaped by his family’s work in the Dutch resistance to the Nazis during World War II. He knew, firsthand, the ugliness of life under leaders who prize race and status, who punish and kill those who are Not Like Us. That first word – All! – leaps out with power, this time aimed at each and every power that divides, diminishes, and kills the abundant life God intends for all people.  These are words of resistance, written by one who (along with his family) lived a life of resistance during WWII. These are words offering hope to those unwilling to sell their souls to MAGA and Trump, and sending a shiver through Trump and JD Vance if they were paying attention.

And Kaan is still not done, as he ties up this hymn with one last broadside against the MAGA Un-Gospel:

You, Creator God, have written your great name on humankind;
for our growing in your likeness bring the life of Christ to mind
that by our response and service earth its destiny may find.

Those who pray this prayer — who sing this song — are not praying to shut refugees seeking safety out of the country. They are not praying to round up those who lack the right paperwork to live here, put them in detention camps, and shove them elsewhere. They are not praying to celebrate the exceptionalness of one race or nation or person above the rest of humanity. They are not praying to sit back in comfortable wealth and luxury, leaving it to the poor and needy to pull themselves up by their own bootstraps.

In one short hymn, the entire inaugural address that Trump gave the day before was ripped apart, using the voices that come from the throats of everyone sitting around him. His entire campaign message was challenged and opposed, by every voice that rang to the vaulted ceiling and was broadcast out to the world. Kaan died in 2009, but this hymn sounds as if it could have been written last week. And Trump had to sit there and take it, with all the cameras rolling.

Worst of all for Trump, this was but the beginning of the service.

I’m not going to go through the rest of the service in this kind of detail – you can do that for yourself. There were prayers offered by folks from all kinds of religious traditions – Christians of various denominations, as well as Jewish, Muslim, Hindu, Buddhist, and Sikh leaders. These prayers were filled with words like “all” and “every” to paint a picture of our common life together. In the “prayers for all who govern,” the first petition was not for President Trump, but for “all the peoples of the earth,” and moved more narrowly to “the people of our nation” meaning all the people. In the “prayers for those who serve,” the petitions were offered for those in the armed forces and the diplomatic corps, for all civil servants that “they serve with integrity and compassion, without prejudice or partiality to better their communities and the nation,” for all teachers and educators, for all first responders, and critically at the end, “all the people of our land.” In the “prayers for the peoples of this nation,” Methodist Bishop LaTrelle Easterling opened them like this: “O God, whom we cannot love unless we love our neighbor, let us pray for the most vulnerable in our community and lead us to be present with them in their suffering.” This was followed by petitions of specific and vivid mention of those who are most vulnerable.

All this is what led up to the sermon by the Right Reverend Mariann Edgar Budde that garnered such attention in the media and such opprobrium from Trump. He tried to personalize it, demanding an apology from her, but far from her being some isolated voice standing up to him, or some he said/she said debate, Budde was speaking out of the deep religious traditions of a very diverse nation:

In the name of our God, I ask you to have mercy upon the people in our country.

We’re scared now. The people who pick our crops and clean our office buildings, who labor in poultry farms and meatpacking plants, who wash the dishes after we eat in restaurants and work the night shifts in hospitals.

They may not be citizens or have the proper documentation, but the vast majority of immigrants are not criminals. They pay taxes, and are good neighbors. They are faithful members of our churches and mosques, synagogues, gurdwara, and temples.

I ask you to have mercy, Mr. President, on those in our communities whose children fear that their parents will be taken away, and that you help those who are fleeing war zones and persecution in their own lands to find compassion and welcome here.

This now-famous plea directed specifically to President Trump, offered in a quiet and measured words, was not a one-off. In that plea, she summed up and made plain the implications of Kaan’s opening hymn, the words of the prayers offered throughout the whole service, and everything that took place in the 90 minutes before she took her place in the pulpit and began to speak. If Trump was waiting for the service to finally turn to him, this plea is when it happened — and it pissed him off.

What Budde did, in all humility and in all power, was to name Trump for what he is: one of us, with specific powers and abilities to directly shape life for all the people of the country, and indirectly for the world. Note, though, that what she pleaded for from Trump was of a piece with all the music and prayers, calling on every one of us to use our own far smaller powers and abilities to shape life for all the people in our orbit for the better, as small as our powers may be compared with the powers wielded by Trump.

That, perhaps, is what most put Trump out of joint. She was saying to him “Your title may be fancier, your staff may be grander, cameras may follow your every movement, and microphones strain to catch your every word, but in the end, you share the same task as the lowliest person who cleans hotel rooms, who labors to pick crops and build homes and process poultry while undocumented. You are One of Us, no more special and no less special, no matter how much you long for it to be otherwise.”

I’ve preached to congregations that have included mayors and city officials. I’ve preached to state legislators, state executive branch officials, and state supreme court justices. I’ve preached in services attended by a presidential candidate (Illinois Senator Paul Simon). One thing that has sustained me in those settings, and given me the strength to say what needs to be said, is the strong sense of being surrounded by the voices of the ancestors, preaching this same good news to them that I preach to the lowliest and most marginalized- that all that God has made is good, and all deserve support and care and love from each other.

Several years ago, on the eve of the first anniversary of January 6th, I compared Trump with King Herod who tried to use the wise men so he could kill the infant born to be the Messiah, and I used not simply the account from the Gospel of Matthew but also the retelling of the story by James Taylor in his song “Home By Another Way. Here, in part, is what I wrote that day:

But Taylor isn’t singing just to retell the story of what happened back then. He’s preaching, in his own way, drawing his listeners into the song and changing us here today:

Well it pleasures me to be here
And to sing this song tonight
They tell me that life is a miracle
And I figure that they’re right
But Herod’s always out there
He’s got our cards on file
It’s a lead pipe cinch
If we give an inch
That Herod likes to take a mile

It’s best to go home by another way
Home by another way
We got this far to a lucky star
But tomorrow is another day
We can make it another way
“Safe home!” as they used to say
Keep a weather eye to the chart up high
And go home another way

Yes, Herod *is* always out there, looking to game the system and rape the system and break the system if that’s what it takes to keep himself in power.

But there is also always another way, a way that leaves Herod and his successors powerless and impotent.

My description of Herod’s/Trump’s way came back to mind with a crash on the 20th, as word of all those initial executive orders came tumbling out. Saying Trump is “looking to game the system and rape the system and break the system if that’s what it takes” back then seems frighteningly prescient today.

But like the wise men of old, Bishop Budde knows another way, as do all those who planned this most powerful service, and as did Fred Kaan. In JT’s words, in the face of Trump’s blizzard of executive orders which are designed to take and take and take some more from the most vulnerable among us, Budde didn’t give an inch. Instead, she stood in the path of our American Herod along with a host of others, naming that other way home.

And here’s the really really good news, that would scare Trump even more if he were to think about it: you don’t have to be a bishop to name Herod for who he is, to call out his ways of fear and death, and to lift up our neighbors. That’s what the wise men did, in going home by another way. They protected a poor, vulnerable refugee-to-be from a vengeful tyrant who feared for his own power. And that’s what each of us can do, wherever we are: name Trump’s way as the path of division, destruction, and death, and point to another way.

Because JT was right: it’s best to go home by another way.

The Stephen Miller EOs

At least in response to questioning from journalists yesterday, Trump had — or feigned — a very limited understanding of some of the Executive Orders he has signed in the last two days. For example, he couldn’t explain why he had pardoned Danny Rodriguez, who nearly killed Michael Fanone. And he explained the Enrique Tarrio pardon by pointing to the Proud Boy leader’s burning of a BLM flag, which (along with his attempted possession in DC of unlawful weapons) was punished separately from Tarrio’s seditious attack on the Capitol.

With Trump, one should always start with the assumption he’s engaged in a con, but it really is possible he only vaguely understands some of what he just signed.

That, plus the number of typos and other sloppy errors commentators have noted in the EOs, makes me wonder whether Stephen Miller drafted everything and decided, in real time, which Executive Orders to hand to Trump to sign, like a gamer might deploy his favorite Magic Card deck. In a piece on Vivek Ramaswamy’s purge from DOGE [sic], for example, WaPo reveals that, “Draft executive orders favored by Musk were implemented, and those put forward by Ramaswamy’s team that Musk had ignored in recent weeks are unlikely to be issued.” Who knows? Maybe there’s even an EO with all the January 6 pardons that only commuted the sentences of those who assaulted cops or were deemed to be terrorists, rather than granting (in many cases) full pardons.

There are at least two Executive Orders that have Stephen Miller’s name all over them which deserve closer scrutiny: One claiming to “restor[e] freedom of speech and end[] federal censorship,” and another claiming to end[] the weaponization of the federal government.”

Both have the same structure. They order the Attorney General (and the Director of National Intelligence, in the weaponizing EO) to go chase down conspiracy theories spawned by Jim Jordan: that the Federal government is infringing on free speech and weapon or targeting Joe Biden’s opponents. Here’s how it looks in the latter case:

The Department of Justice even jailed an individual for posting a political meme. And while the Department of Justice has ruthlessly prosecuted more than 1,500 individuals associated with January 6, and simultaneously dropped nearly all cases against BLM rioters.

[snip]

(a) The Attorney General, in consultation with the heads of all departments and agencies of the United States, shall take appropriate action to review the activities of all departments and agencies exercising civil or criminal enforcement authority of the United States, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, over the last 4 years and identify any instances where a department’s or agency’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the Counsel to the President, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order.

(b) The Director of National Intelligence, in consultation with the heads of the appropriate departments and agencies within the Intelligence Community, shall take all appropriate action to review the activities of the Intelligence Community over the last 4 years and identify any instances where the Intelligence Community’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the National Security Advisor, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order. The term “Intelligence Community” has the meaning given the term in section 3003 of title 50, United States Code. [my emphasis]

These orders will give Pam Bondi cover to conduct an investigation without the predicate otherwise required, and do so outside the normal institutions (like DOJ’s Inspector General and DOJ and FBI’s Offices of Professional Responsibility; to say nothing of Trump-appointed judges who already debunked the EO’s claim about selective prosecution of January 6ers) that afford targets some due process.

The scope of this review is very strictly the last four years. Thus, it will exclude a great deal of weaponization Bill Barr engaged in (including the Brady side channel via which Joe Biden was criminally framed) and even every single one of the notices regarding misstatements about voting means, time, or location that Barr’s DOJ authorized in the 2020 election, which were one main focus of the Twitter Files. It will ignore that the investigation into Douglass Mackey — the reference to an individual who posted a political meme, above — in chatrooms to which Stephen Miller was, at the very least, adjacent (and Don Jr was in), was almost entirely conducted during the first Trump Administration.

It will likewise exclude the far greater threats to free speech going forward. Donald Trump’s threat to send Mark Zuckerberg to prison for the rest of his life? Issued before Trump returned to government. Brendan Carr demanding that CBS platform right wingers, while ignoring Fox’s production of exclusively right wing content? Officially government, as of Monday, but therefore outside the scope of the four year review. And Stephen Miller coaxing Zuckerberg to making his platforms amenable to genocide again? Not yet a government action.

Take special notice, too, that the SEC and FTC are included among the agencies where Bondi is instructed to go find weaponization. Again, that picks up a Jim Jordan crusade, one targeted at regulatory agencies holding Elon Musk accountable for agreements the company he bought had already entered into, to say nothing of Elon’s efforts to tank Xitter’s own stock. Sure, some of this is Miller’s means to undermine the legitimacy of the January 6 investigation, but it’s also a personal sop to the richest man in the world.

And after Pam Bondi conducts an investigation into things that aren’t crimes via means that evade normal due process? She writes a report and gives it to … Stephen Miller, who among other things has been cultivating first Elon and then Zuck to platform Nazis.

When Jim Jordan conducted these crusades, he was shielded by Speech and Debate from adhering to basic facts. These EOs are an attempt to create space for Bondi to similarly escape the kinds of evidentiary rules and basic due process that limited Trump’s prior attempts to target his enemies.

If they find something, Miller will feed them to Trump to make issue of. If they don’t (there are few real complaints about the January 6 investigation, aside from the shitty DC jail and difficulties created by COVID; and for much of Biden’s term, the agencies of interest to Miller for engaging in government speech were constrained by lawsuits by Miller’s allies), then Miller can just burn the report in the same fireplace Mark Meadows use to use.

In other words, these two EOs (I’m sure there are other similar ones) claim to attack the politicization of government by ordering Pam Bondi to politicize DOJ.