Lazy Saturday Reads: What Does the Allen Weisselberg Immunity Deal Mean?

Summer Afternoon (Tea in the Garden), Théo van Rysselberghe

Good Afternoon!!

This has been a disastrous week for Trump. The Guardian summarizes: Trump’s terrible week: stunning news and whispers of impeachment.

…even by the standards of the Trump universe, this week has been a blur. And at its heart was a single, devastating hour on Tuesday 21 August that effectively turned the president of the United States into an unindicted co-conspirator in a federal crime….

…first, there was Rudy Giuliani. Trump’s lawyer, the former New York mayor, set the tone last Sunday with an Orwellian comment on the NBC network’s Meet the Press. Asked whether the president would give his version of events in testimony to Robert Mueller, the special counsel who is investigating Russian interference in the 2016 presidential election, Giuliani warned of a perjury trap and said: “Truth isn’t truth.”

Monday passed with just an embarrassing White House event to celebrate ICE during which Trump

…said that a border patrol agent, who is Latino, “speaks perfect English” as he beckoned him to the stage. He also misstated the acronym for US Customs and Border Protection at least eight times, referring to it as “CBC”, as in Canadian Broadcasting Corporation.

On Tuesday, the shit really hit the fan.

But then came, to use primary election parlance, Super Tuesday. At around 4.30pm, in courtrooms 200 miles apart, a pair of Trump associates delivered a one-two punch that stunned the White House and revived whispers of impeachment.

In New York, Trump’s longtime lawyer and “fixer” Michael Cohen implicated the president in a crime to influence the 2016 presidential election. Pleading guilty to dodging taxes and campaign finance violations, he alleged that Trump directed him to pay hush money to prevent two women – a Playboy model and pornographic actor – speaking out about extramarital affairs.

In Alexandria, Virginia, Paul Manafort, Trump’s former campaign chairman, was found guilty of eight tax and bank fraud charges and could now spend the rest of his life behind bars – unless Trump chooses to pardon him.

On Wednesday morning, Fox aired Trump’s interview in which he claimed that the campaign finance violations Cohen had pleaded guilty to were not crimes and that it should be illegal for people accused of crimes to turn states evidence in order to reduce their sentences. Then on Wednesday night he watched Tucker Carlson’s show.

There he saw a spurious Tucker Carlson report pushing a white nationalist conspiracy theory that white farmers in South Africa are being persecuted and murdered in Zimbabwe-style land grabs. Trump tweeted his outrage and promised to consult the state department, whose own human rights report on South Africa had made no mention of the issue.

It was one more white grievance dog whistle to add to all the rest. The South African government issued a swift rebuke and summoned US officials. Patrick Gaspard, the former US ambassador to South Africa, described the intervention as “astounding and deeply disturbing”. He said: “I can draw a line from the irresponsible statements he made in the wake of the violence in Charlottesville and him lifting up tropes from white nationalists in South Africa.”

On Thursday,

It emerged that David Pecker, chairman of American Media Inc, which owns the pro-Trump National Enquirer, had been granted immunity to provide information about Cohen and Trump’s involvement with payments to the two women who allege sexual affairs. The Associated Press added fuel to the fire by reporting thatthe Enquirer kept such secrets locked in a safe, lending it extraordinary power.

That night, the New York Times reported that the Manhattan district attorney’s office was considering pursuing criminal charges against the Trump Organization and two senior company officials in connection with one of the hush money payments.

The coup de grâce came with the news that Allen Weisselberg, the CFO of the Trump Organization had been given immunity to testify against Trump’s former personal lawyer Michael Cohen.

Clearly the news about Weisselberg is the most damaging to Trump, but it’s not clear exactly kind of immunity the long-time “financial gatekeeper” has. According the The New York Times, it’s limited to the case against Cohen .

The person briefed on the deal said that it was narrow in scope, protecting Mr. Weisselberg from self-incrimination in sharing information with prosecutors about Mr. Cohen, Mr. Trump’s former personal lawyer, who pleaded guilty on Tuesday to tax and campaign finance charges. The latter charges stemmed from payments during the campaign to two women who said they had affairs with Mr. Trump. It was not, the person said, a blanket immunity extending beyond the information he shared, and Mr. Weisselberg remains in his job at the Trump Organization.

Allen Weisselberg

Mr. Weisselberg figured into the charges filed against Mr. Cohen this week, having facilitated the processing of what prosecutors described as “sham invoices” at the Trump Organization, through which Mr. Cohen was reimbursed for the money he had paid to quiet one of the women alleging an affair with Mr. Trump, the pornographic film actress Stephanie Clifford.

It sounds like it’s use immunity, which protects Weisselberg from being prosecuted based on the specific information he provided about the hush money deals. It’s likely that Weisselberg indicated he would take the fifth and prosecutors used immunity to force him to talk. Weisselberg could still be charged with a crime if investigators find independent evidence that he was involved in criminal activities. If he’s eventually charged with a crime, Weisselberg might agree to cooperate fully with prosecutors, but so far that doesn’t seem to be happening.

Nevertheless, the fact that prosecutors have gotten testimony from the man who supposedly “knows where the bodies are buried” in the Trump Organization is huge. And some knowledgeable writers are claiming Weisselberg has agreed to cooperate fully and are speculating about what he could reveal about Trump.

On Twitter, Renato Mariotti says he would be surprised if Weisselberg only got use immunity.

Obviously he knows a hell of a lot more than I do.

Luppe B. Luppen (AKA @NYCsouthpaw) and Hunter Walker at Yahoo News: For Trump, Allen Weisselberg may be the man who knew too much.

Prosecutors investigating Trump’s inner circle reportedly now reportedly have a limited deal with Weisselberg, who has provided testimony against former Trump lawyer Michael Cohen. If his cooperation expanded, it could play a crucial role in multiple ongoing investigations.

According to the Wall Street Journal, federal prosecutors granted immunity to Weisselberg in exchange for information about payments to Cohen, which were made to two women during the 2016 presidential campaign in order to suppress their stories of alleged affairs with Trump….

The Associated Press subsequently reported that the immunity deal was “restricted to Weisselberg’s grand jury testimony last month in the Cohen case.”

What could Weisselberg reveal if he were forced to cooperate fully?

If Weisselberg decided to fully open his kimono and reveal all he knows, the federal investigation in the Southern District of New York would be the most obvious potential beneficiary. However, in some ways, the nature of that office’s interest in Trump is the most mysterious. As of Friday afternoon, it is not known what other subjects that federal investigation is pursuing. If Trump Organization executives, or even the president, are in its cross hairs, then Weisselberg could offer key insights.

Special counsel Mueller’s investigation, headquartered in Washington, D.C., is another potential beneficiary. For Mueller’s investigators, Weisselberg could detail the nature and extent of the financing the Trump Organization has received from sources connected to Russia. He could also offer them insight into any investments or potential investments Trump has made either in Russia or with Russian partners. A spokesperson for the special counsel’s office declined to comment for this story.

Weisselberg could also potentially be a valuable material witness in the New York attorney general’s state-level investigation into President Trump’s charitable foundation. In June, New York Attorney General Barbara Underwood filed a lawsuit against the Trump Foundation alleging a “pattern of illegal conduct,” including “willful self-dealing.” Weisselberg has long been the treasurer of the Trump Foundation. In preparation for its lawsuit, the attorney general’s office conducted a lengthy interview with Weisselberg and obtained his emails. The investigators allege that Weisselberg collaborated with Trump and campaign officials in advance of the 2016 Iowa primary to use the charity’s funds to benefit the campaign.

At The New Yorker, the very knowledgeable Adam Davidson has more:

As the C.F.O., Weisselberg tracked the money that came into the Trump Organization and the money that went out of it, former employees told me. I often found myself wondering what the Weisselberg part of the operation looked like. (I called and e-mailed him a few times, but, not surprisingly, never heard back.) Some told me he had a couple of bookkeepers, but that he personally handled most of the paperwork. Weisselberg knew who was paying or lending money to Trump, and he knew to whom Trump was giving money. When Trump became President, he placed his business interests in a revocable trust overseen by his son Donald Trump, Jr., and Weisselberg….

Trump with his wife, daughter, Karen Mcdougal (far right) and other playboy models.

This summer…Weisselberg’s role in the organization came into sharper focus. In a recording that Michael Cohen made of a conversation he had with Donald Trump about a payment to keep secret an affair, Cohen described setting up a shell company to pay hush money during the 2016 campaign to Karen McDougal, a woman who claimed to have had an affair with Trump. This week, Cohen pleaded guilty to violating campaign-finance laws, in part by setting up this secretive payment. He said that he knew at the time that it was illegal to secretly make a payment for campaign-related activity, but he did so anyway at Trump’s direction. Strikingly, Cohen makes it clear on the tape that Weisselberg also knew about the shell company and payment. “I’ve spoken to Allen Weisselberg about how to set the whole thing up,” Cohen explains to Trump.

It is difficult to hear the tape and not wonder how Weisselberg developed this particular expertise and whether he had deployed it before.

Here’s what Davidson has to say about Weisselberg’s immunity deal:

The Journal story and other news coverage suggest that Weisselberg has narrow immunity, related, solely, to the payments that Michael Cohen made to silence two women with whom Trump had affairs. With evidence of that crime in hand, prosecutors can subpoena other records from the company. If they have a reasonable basis to believe another crime has been committed, they can ask Weisselberg about it. Weisselberg, fearing jail time himself, could broaden his coöperation. The fact that Weisselberg has “flipped”— and may flip further—could shift the calculus of other figures in the Trump orbit as well. Weisselberg is a big fish—perhaps the biggest fish of all. Fearing that Weisselberg might implicate them in a crime, any cronies, dealmakers, attorneys, and others who might want to exchange information for leniency from prosecutors, will now do so.

If you’re interested in what kinds of crimes Weisselberg might know about, I’d suggest reading the entire article as well as Davidson’s other New Yorker pieces about Trump’s business dealings.

What else is happening? What stories have you been following?

 


Tuesday Reads: Breaking News and A Change of Pace

Girls under Trees, August Macke, 1914

Good Afternoon!!

There’s been a development in the Manafort case. The jury has sent out a note with a question for the judge. Unfortunately, the question is somewhat ambiguous.

It sounds like they are saying they are deadlocked on one of the 18 counts, but it’s also possible they are saying they can’t reach a unanimous decision on any of the counts. The judge is taking a five minute recess to prepare his response. I’ll update when I learn more.

Joyce Vance responds:

More breaking news on MSNBC, a report from WNBC that Michael Cohen is in talks with the prosecutors in the Southern District of New York, and a plea deal could be reached as early as today. It’s possible that we will learn something this afternoon.

The jury is back in the courtroom. Ken Dilanian says they are probably deadlocked on only one count, and they need guidance on how to enter that into the verdict sheet. Expert on MSNBC is saying it would be highly unlikely that there would be not guilty decisions on 17 counts.

The jury has now received instruction from the judge and has returned to the jury room. Ken Dilanian says the indecision is on only one count. So maybe we’ll get a verdict today. I sure hope so.

WNBC: Ex-Trump Lawyer Michael Cohen Discussing Plea Deal With Federal Prosecutors in Manhattan.

President Trump’s former personal attorney Michael Cohen is discussing a possible guilty plea with federal prosecutors in Manhattan in connection with tax fraud and banking-related matters, multiple sources familiar with the matter tell NBC News and News 4.

U.S. President Donald Trump’s personal lawyer Michael Cohen leaves federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Lucas Jackson

Those sources stress no deal has been reached but do say the potential deal could be reached as early as Tuesday.

The plea could have significant implications for Trump, who has blasted Cohen ever since his former fixer and his attorney, old Clinton hand Lanny Davis, began signaling this summer that Cohen might cooperate with special counsel Robert Mueller’s investigation.

When reached by NBC, Davis said he cannot comment on advice of counsel since there is an ongoing investigation.

Maybe that partially explains Trump’s hysterical behavior over the past several days.

Jonathan Dienst of WNBC is now reporting on MSNBC that we should know something in an hour or so. The two sides are close, but if the deal falls through, the prosecutors will proceed to prepare charges against Cohen and indict him in the next week or two.

Some stories to check out while we wait for these breaking stories to resolve themselves:

The Hill: Paul Manafort never believed the rules applied to him; I know — I worked with him for a decade, by K. Riva Levinson.

A good plot, most writers will tell you, is built on conflict. Working for Washington’s first bipartisan lobbying firm, Black, Manafort, Stone & Kelly, reporting to Paul Manafort, was my conflict; what came thereafter, my self-reckoning.

I was a recent college grad, broke, with no political connections when I managed to talk my way into an interview with Manafort and told him, boldly — and naively — “There is no place I will not go.” And from 1985 to 1995 (the beginning and end of BMS&K), there was no place that Manafort wouldn’t send me: war zones, states under armed occupation, the African bush or the cocaine-trafficked jungles of Latin America.

I had a front-row seat to a world changing in fast-forward with the collapse of the Soviet Union. It was thrilling, scary and, at times, overwhelming. But I never said no to a mission, or turned back. And despite all that unfolded, I will always remain grateful to Manafort for giving me a chance to learn first-hand how world events are often shaped.

BMS&K was where my mettle was tested, my foundational skills acquired, and where I struggled with my conscience, asking myself, “What am I doing here?”

Manafort had no such concerns about right and wrong.

I saw in Manafort no evident distress about the collateral damage that unfolded, the lives that were damaged or lost. He could self-justify anything. And as time went on, it seemed to me that he became all about the money. I and my colleagues were left to defend the extravagant expenses he charged to our clients.

I watched Manafort bend the rules, and so did everyone else, until eventually the firm’s new management asked him to leave. I left him, too.

I haven’t seen nor spoken directly with Paul since 1995, though I did receive an angry email when The Guardian wrote a story upon the release of my book in June 2016, quoting a passage where I call him “mercenary.”

The Washington Post: I miss Richard Nixon, by Philip Allen Lacovara.

I am hardly a Nixon defender. I was part of the special prosecutor investigation that led to his downfall. I was and remain shocked at the extent of his crass and criminal behavior, which first became palpable to me listening to the secret Oval Office tapes that we pried away from him, eventually including the “smoking gun” tape the Supreme Court ordered him to turn over. It was that evidence that convinced Nixon’s closest supporters that his defense against impeachment and removal from office would have been unsustainable, and that he had no choice but to resign in disgrace.

I even created a rift with Leon Jaworski, Archibald Cox’s successor as Watergate special prosecutor, when I publicly protested the pardon that President Gerald Ford issued to Nixon shortly after the resignation, thereby shielding Nixon from the legal consequences that were soon to be visited upon his co-conspirators, who, after conviction, spent years in prison for the coverup.

But then I look at the incumbent, and I become wistful.

…unlike Nixon, Trump was born with a golden spoon in his mouth and has exploited his family’s power and wealth from his earliest days. Supposed bone spurs insulated him from the crucible of military service, when many of his contemporaries were called to duty to fight in Vietnam. He relishes the flamboyant and the superficial, though the glitz comes with hefty dose of cheesiness — which I can attest to as someone who lived briefly in one of his “Trump Towers.”

Except for Trump’s own unsupported braggadocio, he entered the Oval Office ignorant of even the rudiments of American history and world affairs. He is a man of no particular political principles; his vacillation between parties (and occasionally as an “independent”) reveals the lack of any political core. Nor did he have any experience in public office, civil or military, or familiarity with the practical art of governing.

Nixon, on the other hand, grew up impoverished and was the archetypical self-made man. He was demonstrably thoughtful — even brilliant. At a conference several years ago at Duke University, where he attended law school during the Depression, I heard stories of his struggles living in a cold-water flat but achieving a distinguished record that was respected decades later.

Lacavera notes that Nixon, unlike Trump, “understood government and policy,” and he “had enough decency and respect for the office to cloak his conniving in secret.” Nixon also had a consistent political philosophy, while Trump clearly has no moral or political core. Read more at the WaPo.

Joseph James DeAngelo, the “golden state killer” via REUTERS

Now for a change of pace, I want to share a couple of nonpolitical reads. This spring the sensational serial rape and murder case of the so-called “golden state killer” was solved through research on an open source DNA website. The suspect was identified as Joseph James DeAngelo of Citrus Heights, CA, a suburb of Sacramento. In the past few days, I came across two similar stories.

Novelist Matthew Sullivan writes at The Daily Beast: I Grew Up in the Shadow of a Neighborhood Killer. He May Have Finally Been Caught.

To anyone living in the suburban boomtown of Aurora, Colorado in the 1980s, the horror story is familiar: at some point after midnight on the night on January 16, 1984, on a quiet cul-de-sac in a newer housing development near the Aurora Mall, an intruder armed with a hammer entered the home of Bruce and Debra Bennett.

They were a young couple with two young daughters, aged 7 and 3, and they had recently moved to Aurora to raise their girls after the 27-year-old Bruce wrapped up a stint in the Navy.

The Bennet family

As of now there’s no way to know the exact sequence of events that happened in the house that night, but the whole family was likely asleep when the intruder slipped in.

Using the hammer he brought with him and a knife he may have taken from their kitchen, the intruder attacked Bruce and Debra. Bruce fought back, grappling with the man in the bedroom and up and down the stairs, but the man overcame him, slit his throat and left him on the steps to die.

By the time the man left, he had also violently attacked and sexually assaulted both Bennett daughters.

The three older Bennetts were dead. The intruder had bludgeoned the three-year-old daughter and left her for dead as well, but according to Kirk Mitchell, who has spent years reporting on this case for the Denver Post, when her grandmother arrived the next morning, worried because Bruce hadn’t shown up for work, she found the youngster in her bed, barely alive. The littlest Bennett had survived.

There had been similar attacks and murders in the area. The crimes cast a shadow over the entire community; but the killer that kids in the neighborhood called “The Hammer Man” was never caught. Sullivan’s descriptions of how the crimes affected him and the community as a whole is fascinating. But now a suspect has been identified through DNA.

Alexander C. Ewing, “the Hammer Man”

One afternoon in early August, 2018, my phone began to erupt with messages from friends and family, co-workers and classmates, all of them living in Denver. Each said the same thing:

They got him.

They got him.

They got him! [….]

Each night, the Colorado Bureau of Investigation runs a comparison against the Combined DNA Index System database (CODIS), run by the FBI, which collects and indexes DNA from different states and agencies.

In early July of this year, the agency got a hit: a match was found between the DNA of the wanted John Doe suspect—the unknown man whose semen was traced to both the Bennett and the Smith crime scenes—and that of a 57-year-old prisoner in Nevada whose cheek was swabbed in 2013 as part of a new state law, his data uploaded.

The man, Alexander C. Ewing, was serving a 40-year sentence for two counts of attempted murder and other crimes and was eligible for parole in three years. According to a Washington Post report, he lived in Denver in 1984—and worked in construction.

One more story from The Washington Post: A baby was abandoned in a phone booth 64 years ago. Now, DNA has helped explain why.

Steve Dennis’s birth certificate didn’t say where he was born or when, or to whom. It just said he was found in a telephone booth.

Steve Dennis

Two bread deliverymen had found him there early one January morning in 1954, back when Dennis didn’t yet have a name. They found the “big blue-eyed infant” wrapped in blankets inside a cardboard box in the phone booth just outside Yielky’s Drive-In near Lancaster, Ohio, the Lancaster Eagle-Gazette reported at the time. There was no telling how long he had been there, perhaps only a few hours. The baby was very cold to the touch, the paper reported, and so was the bottle of milk left with him in the box.

The mystery soon captivated the residents of Lancaster. In just two days, dozens inquired about adoption, and “literally scores of persons” tried to help police identify the baby abandoned in the phone booth, the Eagle-Gazette reported in 1954.  Nobody knew who put him there or why, and for a long time in the decades that followed, Dennis didn’t know either.

For years, the whole story struck him as too bizarre to even be true, as he told the Eagle-Gazette’s Spencer Remoquillo in a follow-up story 64 years later, on Friday. Dennis had always known he was adopted as a baby, but he didn’t learn about the phone booth until he was a teenager. He got curious. He traveled all the way to Lancaster just to see it for himself. But he didn’t find very much there, he told the Eagle-Gazette. He didn’t think he would ever find his birth parents, and for most of his life he didn’t think anything of it, either.

But that changed when his two children, 18 and 14 years old, started asking questions.

Dennis solved the mystery of his origins through Ancestry DNA. Read the rest at the WaPo. It’s quite a story.

So . . . what stories have you been following?


Lazy Saturday Reads: Trump “Drunk on Power” — John Brennan

Blue Iris, Vian Risanto

Good Afternoon!!

It has been another disastrous week in Trumpland. The “president” seems to be losing what control he ever had. He spends his days watching TV, throwing tantrums on Twitter, and dreaming up ways to punish his many “enemies.” He’s Nixon on steroids, and the Republicans continue to refuse to do anything to check his corruption and abuses of power.

On Wednesday, Trump unilaterally revoked the security clearance of former CIA chief John Brennan, and despite condemnations by former members of the intelligence community, he plans to keep revoking the clearances of anyone who dares to criticize him or who may have been in some way involved with the Russia investigation.

The Washington Post: White House drafts more clearance cancellations demanded by Trump.

The White House has drafted documents revoking the security clearances of current and former officials whom President Trump has demanded be punished for criticizing him or playing a role in the investigation of Russian interference in the 2016 election, according to senior administration officials.

Trump wants to sign “most if not all” of them, said one senior White House official, who indicated that communications aides, including press secretary Sarah Huckabee Sanders and Bill Shine, the newly named deputy chief of staff, have discussed the optimum times to release them as a distraction during unfavorable news cycles.

Cocktail dress, Vian Risanto

Yes, they admit these will be used to distract the public on bad news days for Trump!

Some presidential aides echoed concerns raised by outside critics that the threatened revocations smack of a Nixonian enemies list, with little or no substantive national security justification. Particular worry has been expressed inside the White House about Trump’s statement Friday that he intends “very quickly” to strip the clearance of current Justice Department official Bruce Ohr, according to officials who spoke on the condition of anonymity to discuss internal deliberations….

It was unclear what the argument would be for revoking Ohr’s clearance, since Deputy Attorney General Rod J. Rosenstein, while not specifying Ohr’s current job, has said he has had no involvement in the Mueller investigation, begun last year.

But Ohr knew Christopher Steele, the former British intelligence agent who was hired in 2016 by Fusion GPS, then working for Hillary Clinton’s campaign and the Democratic National Committee, to investigate Trump’s ties to Russia. Ohr’s wife also worked for Fusion GPS. According to news reports and congressional testimony, the two men discussed Trump before the election. Ohr later reported the conversation to the FBI.

Ohr is the only current official on the White House list of clearances Trump wants to lift. The others are former director of national intelligence James R. Clapper Jr.; former CIA director Michael V. Hayden; former FBI director James B. Comey; Obama national security adviser Susan E. Rice; former FBI officials Andrew McCabe, Lisa Page and Peter Strzok; and former acting attorney general Sally Yates. Several of them have said they no longer have clearances.

It’s difficult to believe that Trump’s actions could not be seen as obstruction of justice and witness tampering, since many of those on the “enemies list” are potential witnesses in Robert Mueller’s investigation. Yesterday, The Washington Post’s Aaron Blake addressed the issue: How Trump’s security-clearance gambit could actually get him in deeper trouble with Mueller.

Green chair, Vian Risanto

I was on an MSNBC panel Thursday night with Elie Honig, a former federal prosecutor for the Southern District of New York, who suggested Trump’s revocation of security clearances could be construed as retaliation against witnesses. “It’s a federal crime — §1513 if anyone wants to look it up — to retaliate against someone for providing truthful information to law enforcement,” he said. “So he’s getting closer and closer to really dangerous ground here.”

Here’s the text of Section 1513(e):

Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

Honig explained to me Friday that he didn’t necessarily think Trump’s revocation of Brennan’s security clearance would be a violation, given Brennan isn’t a major figure on the probe’s key events. But if he presses on and does it with others, Honig argued, it could.

Read the rest at the WaPo.

Last night Rachel Maddow interviewed John Brennan. Talking Point Memo: Brennan On Revoked Clearance: ‘This Country Is More Important Than Mr. Trump.’

Former CIA Director John Brennan was defiant Friday night in response to President Donald Trump’s revocation of his security clearance, and to Trump’s threatening to revoke the clearances of several other former intelligence and national security officials who’ve become harsh critics of his.

Vian Risanto

“I think this is an egregious act that it flies in the face of traditional practice, as well as common sense, as well as national security,” Brennan told MSNBC’s Rachel Maddow. “I think that’s why there’s been such an outcry from many intelligence professionals.”

Brennan told Maddow that he is thinking about taking legal action.

“A number of lawyers have reached out to say that there is a very strong case here, not so much to reclaim [my clearance] but to prevent this from happening in the future,” Brennan told Maddow, asked if he was considering legal action against the administration.

Some groups, including the ACLU, have alleged that revoking Brennan’s clearance in retaliation for his criticism of Trump, as the White House said was the case, was a violation of the former CIA director’s First Amendment rights.

Brennan repeated his accusation that Trump’s Helsinki summit with Russian President Vladimir was “nothing short of treasonous.”

And he said a Washington Post report that his clearance revocation had been timed “to divert attention from nonstop coverage of a critical book released by fired Trump aide Omarosa Manigault Newman” was “just another demonstration of [Trump’s] irresponsibility.”

“The fact that he’s using a security clearance of a former CIA director as a pawn in his public relations strategy, I think, is just so reflective of somebody who, quite frankly — I don’t want to use this term, maybe — but he’s drunk on power.”

Three reactions to Trump’s latest power grab to check out:

A night out, Vian Risanto

Tim Weiner at The New York Times: Trump Is Not a King.

In times of crisis, the leaders of the military and intelligence communities try to put aside their differences, often many and sundry, and work together for the good of the country. That’s what’s happening today with a remarkable group of retired generals, admirals and spymasters who have signed up for the resistance, telling the president of the United States, in so many words, that he is not a king.

Thirteen former leaders of the Pentagon, the C.I.A. and the F.B.I. have signed an open letter standing foursquare against President Trump, in favor of freedom of speech and, crucially, for the administration of justice. They have served presidents going back to Richard M. Nixon mostly without publicly criticizing the political conduct of a sitting commander in chief — until now.

They rebuked Mr. Trump for revoking the security clearance of John Brennan, the C.I.A. director under President Obama, in retaliation for his scalding condemnations and, ominously, for his role in “the rigged witch hunt” — the investigation into Russia’s attempt to fix the 2016 election, now in the hands of Robert S. Mueller III, the special counsel. The president’s latest attempt to punish or silence everyone connected with the case, along with his fiercest critics in political life, will not be his last….

The president aims to rid the government and the airwaves of his real and imagined enemies, especially anyone connected with the Russia investigation. Somewhere Richard Nixon may be looking up and smiling. But aboveground, the special counsel is taking notes.

Lily, Vian Risanto

The list of the signatories to the open letter defending Mr. Brennan is striking for the length and breadth of their experience. I never expected to see William H. Webster — he’s 95 years old, served nine years as F. B.I. director under Presidents Jimmy Carter and Ronald Reagan, then four more as C.I.A. director under Reagan and President George H. W. Bush — sign a political petition like this. The same with Robert M. Gates, who entered the C.I.A. under President Lyndon Johnson, ran it under George H. W. Bush and served as Secretary of Defense under Presidents George W. Bush and Barack Obama. These are not the kind of men who march on Washington. These are men who were marched upon.

Read more at the NYT.

Jonathan Chait at New York Magazine: Trump Is Making the Department of Justice Into His Own Private Goon Squad.

One morning earlier this week during executive time, President Trump tweeted out his assessment of the Russia investigation. “The Rigged Russian Witch Hunt goes on and on as the ‘originators and founders’ of this scam continue to be fired and demoted for their corrupt and illegal activity,” he raged. “All credibility is gone from this terrible Hoax, and much more will be lost as it proceeds. No Collusion!”

Amid this torrent of lies, the president had identified one important truth. There has in fact been a series of firings and demotions of law-enforcement officials. The casualties include FBI director James Comey, deputy director Andrew McCabe, general counsel James Baker, and, most recently, agent Peter Strzok. Robert Mueller is probing the circumstances surrounding Trump’s firing of Comey for a possible obstruction-of-justice charge. But for Trump, obstruction of justice is not so much a discrete act as a way of life.

The slowly unfolding purge, one of the most vivid expressions of Trump’s governing ethos, has served several purposes for the president. First, it has removed from direct authority a number of figures Trump suspects would fail to provide him the personal loyalty he demanded from Comey and expects from all officials in the federal government. Second, it supplies evidence for Trump’s claim that he is being hounded by trumped-up charges — just look at all the crooked officials who have been fired! Third, it intimidates remaining officials with the threat of firing and public humiliation if they take any actions contrary to Trump’s interests. Simply carrying out the law now requires a measure of personal bravery.

Trump has driven home this last factor through a series of taunts directed at his vanquished foes. After McCabe enraged Trump by approving a flight home for Comey after his firing last May, the president told him to ask his wife (who had run for state legislature, unsuccessfully) how it felt to be a loser. This March, Trump fired McCabe and has since tweeted that Comey and McCabe are “clowns and losers.” The delight Trump takes in tormenting his victims, frequently calling attention to Strzok’s extramarital affair — as if Trump actually cared about fidelity! — underscores his determination to strip his targets of their dignity.

Click on the link to read the rest.

Bob Bauer at Lawfare: Richard Nixon, Donald Trump and the ‘Breach of Faith.’

Red couch, Vian Risanto

Journalist and presidential historian Theodore H. White thought of Richard Nixon’s downfall as the consequence of a “breach of faith.” Perhaps it was a “myth,” but an important one, that “is responsibility,” White wrote. But it was important nonetheless that Americans believe that this office, conferring extraordinary power, would “burn the dross from [the president’s] character; his duties would, by their very weight, make him a superior man, fit to sustain the burden of the law, wise and enduring enough to resist the clash of all selfish interests.”

A president who frustrates this expectation, failing to exhibit the transformative effects of oath and office, will have broken faith with the American public. And yet, White believed that Nixon’s presidency had been an aberration. “[M]any stupid, hypocritical and limited men had reached that office,” he wrote. “But all, when publicly summoned to give witness, chose to honor the legends” of what the office required of a president’s behavior in office.

White’s understanding of what constitutes a “breach of faith” is well worth recalling in considering the presidency of Donald Trump. As White understood it, the term encompassed more than illegal conduct or participation in its cover-up. It was a quality of leadership—or more to the point, the absence of critical qualities—that defined a president’s “betrayal” of his office. What elevated Nixon’s misdeeds to a fatal constitutional flaw, forcing him to surrender his presidency, was the breaking of faith with the American people. Nixon brushed the legal and ethical limits on pursuing his own political and personal welfare. He held grudges and was vindictive; he looked to destroy his enemies rather than simply prevailing over them in hard, clean fights. He lied repeatedly to spare himself the costs of truth-telling.

All of this may be said of Donald Trump, but for a key difference: Nixon was anxious to conceal much of this behavior from public view.

Much has been said and written about Trump’s leadership style: the chronic resort to false claims; the incessant tweeting of taunts and personal attacks on his adversaries; the open undermining of members of his own administration; the abandonment of norms; the refusal to credit, respect or support the impartial administration of justice where his personal or political interests are stake; and the use of office to promote his personal business enterprises. By now, almost two years into his administration, it is clear that this is who he is.

Like Nixon, Trump seems to believe that his behavior is justified by the extraordinary and ruthless opposition of an “establishment”—comprised mainly of the media, the opposition party, and intellectuals—to his election and his politics.

Please go read the rest at Lawfare.

That’s all I have for you today. Please share your thoughts and links in the comment thread below.


Thursday Reads: Trump Publicly Admits Guilt Once Again

Among Lupine, Jeffrey T. Larson

Good Morning!!

Trump just can’t stop confessing his guilt. Yesterday, Trump stripped away John Brennan’s security clearance, claiming it was because of Brennan’s “erratic behavior” and “wild outbursts on the internet and television.” Then he proceeded to tell the Wall Street Journal that he did it because of the Russia investigation.

President Trump drew a direct connection between the special counsel investigation into alleged Russian interference in the 2016 election and his decision to revoke the security clearance of former CIA Director John Brennan and review the clearances of several other former officials.

In an interview Wednesday, Mr. Trump cited Mr. Brennan as among those he held responsible for the investigation, which also is looking into whether there was collusion between the Trump campaign and the Kremlin. Mr. Trump has denied collusion, and Russia has denied interfering.

Mr. Brennan was director of the Central Intelligence Agency in the Democratic administration of former President Obama and one of those who presented evidence to Mr. Trump shortly before his inauguration that Russia had interfered in the 2016 election.

“I call it the rigged witch hunt, [it] is a sham,” Mr. Trump said in an interview. “And these people led it!”

He added: “So I think it’s something that had to be done.”

Trump has quite an enemies list now, and everyone on it is involved in some way with the investigation.

Reading Girl. Ármin Glatter (Hungarian, 1861-1916). Oil on canvas.

Earlier in the day, White House spokeswoman Sarah Sanders said the administration was also reviewing the clearances of former Director of National Intelligence James Clapper, former FBI Director James Comey, and former National Security Agency and CIA chief Michael Hayden.

“I don’t trust many of those people on that list,” Mr. Trump said in the interview. “I think that they’re very duplicitous. I think they’re not good people.”

Most of the individuals left government service months or years ago under varied circumstances, including being fired by the president and his aides. Some, including Mr. Comey, have said they no longer have or use their clearances.

Aaron Blake at The Washington Post: Trump blurts out another Lester Holt moment.

You could be forgiven for having flashbacks to Trump’s interview with NBC Nightly News anchor Lester Holt in the aftermath of his firing last year of James B. Comey as FBI director. Then, as now, the White House offered a series of motivations for the crackdown on a person who was a liability in the Russia probe. Then, as now, it seemed clear what the actual motivation was. And then, as now, Trump appeared to go out and just admit the actual motivation….

In the case of the Holt interview, Trump never actually directly said that he fired Comey because of the Russia investigation; instead, he merely said that Russia was on his mind when he did it. “And in fact when I decided to just do it, I said to myself, I said, you know, this Russia thing with Trump and Russia is a made-up story; it’s an excuse by the Democrats for having lost an election that they should have won,” Trump said back in May 2017.

In this case, Trump refers directly to the role of Brennan and others in leading the investigation, and then says, “So I think it’s something that had to be done” — suggesting that this was an action taken in direct response to their participation in the probe. He is saying he is punishing people who were involved in that, which at the very least would seem to create a chilling effect for other would-be critics.

John Brennan responded in an op-ed in today’s New York Times:

The artist’s wife reading – Fyffe Christie

Having worked closely with the F.B.I. over many years on counterintelligence investigations, I was well aware of Russia’s ability to work surreptitiously within the United States, cultivating relationships with individuals who wield actual or potential power. Like Mr. Bortnikov, these Russian operatives and agents are well trained in the art of deception. They troll political, business and cultural waters in search of gullible or unprincipled individuals who become pliant in the hands of their Russian puppet masters. Too often, those puppets are found.

In my many conversations with James Comey, the F.B.I. director, in the summer of 2016, we talked about the potential for American citizens, involved in partisan politics or not, to be pawns in Russian hands. We knew that Russian intelligence services would do all they could to achieve their objectives, which the United States intelligence community publicly assessed a few short months later were to undermine public faith in the American democratic process, harm the electability of the Democratic candidate, Hillary Clinton, and show preference for Mr. Trump. We also publicly assessed that Mr. Putin’s intelligence services were following his orders. Director Comey and I, along with the director of the National Security Agency, Adm. Michael Rogers, pledged that our agencies would share, as appropriate, whatever information was collected, especially considering the proven ability of Russian intelligence services to suborn United States citizens.

The already challenging work of the American intelligence and law enforcement communities was made more difficult in late July 2016, however, when Mr. Trump, then a presidential candidate, publicly called upon Russia to find the missing emails of Mrs. Clinton. By issuing such a statement, Mr. Trump was not only encouraging a foreign nation to collect intelligence against a United States citizen, but also openly authorizing his followers to work with our primary global adversary against his political opponent.

Albert Gustaf Aristides Edelfelt (1854-1905)

Such a public clarion call certainly makes one wonder what Mr. Trump privately encouraged his advisers to do — and what they actually did — to win the election. While I had deep insight into Russian activities during the 2016 election, I now am aware — thanks to the reporting of an open and free press — of many more of the highly suspicious dalliances of some American citizens with people affiliated with the Russian intelligence services.

Mr. Trump’s claims of no collusion are, in a word, hogwash.

Today hundreds of newspapers published editorials condemning Trumps war on press freedom. CNN has publish a list of many of of these papers with links to their editorials. The list is broken down by state, so you can find your own newspaper. I’d love to read the one in my hometown newspaper The Boston Globe, but they only allow me to read two free articles per month and I can’t afford to subscribe. The free press isn’t accessible to all readers!

The jury in the Paul Manafort trial began deliberations this morning. CBS News reports:

After over an hour and a half of instructions from Judge T.S. Ellis, a jury, comprised of 6 men and 6 women, now begin deliberations on Thursday in the fraud trial of former Trump campaign chairman Paul Manafort. It’s unclear how long it will take for them to consider and vote on the 18 charges against Manafort. CBS News’ Paula Reid reports that at a minimum, it will take the jury a few hours just to sort through the procedural paperwork and weigh their vote.

The government has recommended to the court anywhere between 8 to 10 years in prison for falsifying tax returns, bank fraud conspiracy and failure to file reports of foreign bank and financial records. The maximum sentence for the 18 counts, however, is 305 years.

Emmanuel Garant

During Wednesday’s closing arguments, prosecutors told jurors Manafort lied to keep himself flush with cash for his luxurious lifestyle and lied some more to procure millions in bank loans when his income dropped off. In his defense, Manafort’s attorneys told jurors to question the entirety of the prosecution’s case as they sought to tarnish the credibility of Manafort’s longtime protege — and government witness — Rick Gates….

In the closing arguments, prosecutor Greg Andres said the government’s case boils down to “Mr. Manafort and his lies.”

“When you follow the trail of Mr. Manafort’s money, it is littered with lies,” Andres said as he made his final argument that the jury should find Manafort guilty of 18 felony counts.

Attorneys for Manafort, who is accused of tax evasion and bank fraud, spoke next, arguing against his guilt by saying he left the particulars of his finances to other people, including Gates.

Defense attorney Richard Westling noted that Manafort employed a team of accountants, bookkeepers and tax preparers, a fact he said showed his client wasn’t trying to hide anything. Westling also painted the prosecutions’ case as consisting of cherry-picked evidence that doesn’t show jurors the full picture.

The New York Times has a list of questions the jury will have to consider, including “Rick Gates’s credibility,” “the judge’s behavior,” “Manafort’s lifestyle.” Read all the details at the link.

That’s all I have for you today. What stories are you following?


Lazy Saturday Reads: Russia News

The Athenaeum – Thérèse Reading in the Park at Meric (Jean Frederic Bazille)

Good Afternoon!!

Remember Peter Smith, the guy who was trying to help the Trump campaign get Hillary Clinton’s emails? He ended up supposedly committing suicide in a Minnesota hotel room in July, 2017, shortly after he was interviewed by Shane Harris of The Wall Street Journal. After the story broke, Matt Tait published an article at Lawfare about his involvement in the story. Today Buzzfeed News reporters Jason Leopold and Anthony Cormier have a new story on Smith: GOP Operative Made “Suspicious” Cash Withdrawals During Pursuit Of Clinton Emails.

In one of the most intriguing episodes of the 2016 presidential campaign, Republican activist Peter W. Smith launched an independent effort to obtain Hillary Clinton’s emails to help defeat her and elect Donald Trump. His quest, which reportedly brought him into contact with at least two sets of hackers that he himself believed were Russian, remains a key focus of investigations into whether the Trump campaign colluded with the Kremlin.

Now, BuzzFeed News has reviewed documents showing that FBI agents and congressional investigators have zeroed in on transactions Smith made right as his effort to procure Clinton’s emails heated up. Just a day after he finished a report suggesting he was working with Trump campaign officials, for example, he transferred $9,500 from an account he had set up to fund the email project to his personal account, later taking out more than $4,900 in cash. According to a person with direct knowledge of Smith’s project, the Republican operative stated that he was prepared to pay hackers “many thousands of dollars” for Clinton’s emails — and ultimately did so….

Maxwell Doig

The money trail, made public here for the first time, sheds new light on Smith’s effort, in which he told people he was in touch with both Russians on the dark web and Trump campaign officials — particularly Michael Flynn, who was then a top adviser to the Trump campaign and later served as national security adviser before having to resign after misleading White House officials about his meetings with the Russian ambassador to the United States.

Intelligence agencies have given the FBI information that Russian hackers talked about passing Clinton’s emails to Flynn through a cutout, according to two law enforcement officials with direct knowledge of the matter. It is not known if that cutout was in any way connected to Smith.

Smith claimed that the Russians had hacked Hillary’s private server and he was determined to get his hands on the emails.

Smith assembled a group of people including experts in technology, lawyers, and even a Russian-speaking investigator to figure out how to obtain Clinton’s emails, according to the Journal. On the Friday before the Labor Day weekend, Smith incorporated a company called KLS Research. In a proposal Smith put together describing the effort to obtain the emails, he named the company as the “preferred vehicle” for the research into Clinton’s email, and Smith would tell Tait that KLS Research would also help “avoid campaign reporting.”

Smith and his longtime business partner, John Szobocsan, were the two signers for a bank account linked to KLS Research….

Soon after Labor Day, Smith appears to have finished an operational plan, which included the names of top Trump campaign officials, some of whom have denied speaking with Smith anytime during the campaign. Smith’s report is dated Sept. 7.

Girl in Green by Sara Hayden (1862–1939), American

The next day, Smith withdrew $9,500 from the KLS Research account and deposited it into his personal bank account, both held at Northern Trust. From there, Smith took out a little more than $4,900 in cash and sent checks to an accountant and an LLC controlled by a private real estate company. Later in September, Smith made withdrawals of $500 and $700 from KLS Research.

These transactions came to light after Northern Trust received a subpoena from the FBI for Smith’s records last December. The subpoena specifically sought information about the $9,500 withdrawal from KLS Research’s account.

After scouring nine accounts that Smith controlled, Northern Trust turned over documents showing 88 suspicious cash withdrawals totaling about $140,000 between January 2016 and April 2017, including a $3,000 withdrawal six days after the election. Northern Trust found these transactions suspicious because officials could not determine the purpose of the withdrawals and because some of them took place over the time Smith was engaged in his project to obtain Clinton’s emails. Many of the cash transactions, the bank noted, were less than $10,000, small enough not to trigger an automatic alert to the government. After receiving the subpoena, the bank sent a report to Treasury’s financial crimes unit, which shared its findings with the FBI, special counsel Robert Mueller, and Senate Intelligence Committee investigators.

The story reports that “three US law enforcement officials” confirmed that Smith is still “an important figure” in the investigation and that Mueller’s investigators have interviewed people involved with Smith. I wonder if Mike Flynn is helping out with this aspect of the investigation?

Head over to Buzzfeed News to read the rest of the story.

Lawfare has a lengthy post up about the Buzzfeed story: Peter Smith’s Search for Hillary Clinton’s Emails: The Subplot Thickens. Here’s just a taste:

On its own, the Buzzfeed story might not be a groundbreaking development. But the article doesn’t stand alone. It comes in the wake of Mueller’s indictments of Russians involved in the Kremlin’s social media manipulation operation and, more importantly for present purposes, the hacking and leaking of Democratic Party materials during the 2016 campaign. In that context, it is highly significant that Buzzfeed reports that Smith’s efforts are actively being investigated by the special counsel’s team. Not only has Mueller’s team interviewed “people who Smith tried to recruit and others who worked on his operation to obtain Clinton’s emails,” it has also “tried to determine if [former national security adviser Michael] Flynn assisted Smith in his operation”—a question that Smith’s possible payments to hackers are “key” to answering, Buzzfeed writes.

Louis Buisseret (1888-1956, Belgian) Contemplation 1938

So how do the facts reported in the Peter Smith stories, particularly Buzzfeed’s latest, line up with Mueller’s indictments? Mueller’s allegations describe, in detail, a complex Russian conspiracy to shape the 2016 U.S. elections—a conspiracy that involved an influence operation conducted on social media, the publication of hacked information, and outreach to a person in contact with the Trump campaign, reportedly Roger Stone.

The Peter Smith stories—between the Journal’s reporting, Tait’s Lawfare account and the latest report from Buzzfeed—describe another plot, one that took shape on this side of the Atlantic. Whether this second plot amounts to a conspiracy is a legal question beyond the scope of this post, but it appears to have involved, at a minimum, an agreement among a number of actors to obtain illegally hacked emails, perhaps by buying them. Tait wrote that he specifically warned Smith that the person purporting to have Clinton’s emails was likely part of Russia’s campaign against the United States and that Smith didn’t care about the source, as long as he got the emails. So it’s certainly plausible that the Smith operation also involved a conspiracy of some sort.

Meanwhile, Russian state TV is getting more and more blatant about Putin’s influence on Trump. Raw Story: Russian state TV warns Trump to ‘do what we say’ if you want ‘support in the elections.’

Julia Davis, who runs the Russian Media Monitor website, reports via Twitter that news show “60 Minutes” this week held a panel discussion about actions Russia should take to retaliate against the latest round of American sanctions.

Vitaly Tretyakov, the dean of the Moscow State University’s School of Television, argued that the Russian government should use whatever leverage it had over Trump to bend the president to its will.

“Let’s turn this into a headache for Trump,” he said, according to Davis’ translation. “If you want us to support you in the elections, do what we say.”

At The Washington Post, Anne Applebaum asks if American institutions are really strong enough to stop Trump: Are you still sure there’s no need to worry?

William Moore Davis (1829 – 1920, American)

“Don’t worry, the institutions will stop him.” Or: “Don’t worry, he hasn’t done any real damage yet, the institutions have stopped him.” How many times have you heard some version of this analysis since the election of President Trump? Sometimes, the speaker is an optimist, someone with faith in the U.S. Constitution. Sometimes, the speaker is a skeptic, someone who dislikes the alleged “hysteria” of those who think Trump’s corrupt habits, autocratic language and authoritarian behavior are doing lasting damage. Either way, they are reassured, and reassuring: Congress will stop him. The judiciary will stop him. The FBI, the Republican Party, the Constitution will stop him. Don’t worry.

But America’s federal institutions are not the only ones designed to prevent someone like Trump from undermining the Constitution. We have other kinds of institutions, too — legal organs, regulatory bodies, banks — that are supposed to prevent men like Trump from staying in business, let alone acquiring political power. The truth is that many of these equally important American institutions failed a long time ago. Trump is not the cause of their failure. He is the result.

One example: Paul Manafort.

Here is a man who is alleged to have declared income as “loans,” concealed foreign bank accounts and lied about money that Ukrainian oligarchs were paying him via shell companies in Cyprus. For decades, in other words, U.S. law enforcement institutions were unable to spot the money-laundering, tax evasion and fraud that his partner Rick Gates spent several hours describing, even when carried out by a prominent person. As long ago as 1985, Manafort’s name featured in Jacob Weisberg’s still-famous New Republic cover story about Roger Stone, then his consulting partner. The headline: “The State-of-the-Art Washington Sleazeball.”

Summer (c.1958). Donald Moodie (British, 1892-1963)

For decades, Manafort’s “political consultancy” has helped crooks and autocrats retain power. But even leaving aside the question of morality: Why wasn’t Manafort put out of business for suspected fraud years ago? Did the police not have the resources? The motivation? Whatever the reason, here, for the optimists and skeptics, is a clear institutional failure: A society allegedly obsessed with “law and order,” so much so that it has the highest incarceration rates in the world, couldn’t be bothered to investigate a famously sleazy man who was spending hundreds of thousands of dollars on antique rugs and men’s suits in Northern Virginia.

And what about Trump’s career?

Nearly 40 years ago, in 1980, Trump employed 200 illegal Polish workers to destroy the Bonwit Teller department store, a historic building on Fifth Avenue, to make way for what would become Trump Tower. The men earned half the union wage and worked 12-hour shifts without hard hats; at one point, their contractor stopped paying them. Eventually they sued. In 1998, Trump paid $1.375 million to settle the case.

Trump broke immigration law and employment law, and he violated union rules, too. Yet neither immigration authorities nor employment regulators nor union bosses put him out of business. Why not? Why were the terms of that settlement kept confidential? Why, with his track record, was he allowed to get a casino license? Building permits? Wall Street banks did, it is true, stop lending to him. But when he began looking abroad for cash — doing extremely dodgy deals in Georgia and Azerbaijan, for example — no one stopped him.

Read the whole thing at the Post.

What else is happening? What stories are you following?