After the release of three court filings yesterday (a sentencing recommendation for Michael Cohen from SDNY, another Cohen sentencing recommendation from Robert Mueller, and a statement from the Special Counsel of the lies from Paul Manafort that justify ending his plea agreement) the consensus of legal and political pundits is that Trump is essentially finished. How long he will continue as fake “president” is unclear, but he has been credibly accused of a crime by his own Justice Department.
I’ve gathered a number of opinion pieces that I think are very good. It’s difficult to excerpt these long pieces, so I’m just giving you the highlights. You’ll have to go to the sources for more details.
Jonathan Chait: The Department of Justice Calls Donald Trump a Felon.
Federal prosecutors released sentencing recommendations for two alleged criminals who worked closely with Donald Trump: his lawyer Michael Cohen, and campaign manager Paul Manafort. They are filled with damning details. But the most important passage by far is this, about Trump’s fixer: “Cohen himself has now admitted, with respect to both payments, he acted in coordination with and at the direction of Individual-1.”
The payments in question, as the document explains, concern a payoff to two women who claimed to have affairs with Trump. The payments, according to prosecutors, were intended to influence the campaign, and thereby constituted violations of campaign finance law. They have not formally charged Trump with this crime — it is a sentencing report for Cohen, not Trump — but this is the U.S. Department of Justice calling Trump a criminal….the fact that he is being called a felon by the United States government is a historic step. And it is likely the first of more to come…..
Cohen is providing helpful information on other crimes. Cohen reportedly gave the special counsel “useful information concerning certain discrete Russia-related matters core to its investigation that he obtained by virtue of his regular contact with Company executives during them.” And this contact continued into 2018. Cohen was not locked out and probably has access to some secrets….
The special counsel sentencing recommendation for Cohen also reveals that Russian contact with the Trump campaign began as early as 2015, not the following spring. And Russians promised “political synergy” — which is essentially a synonym for campaign collusion — and “synergy on a government level.” That means a quid pro quo in which Russia would help Trump win the election and Trump, if elected, would give Russia favorable policy. This is the heart of Mueller’s very much ongoing investigation.
There are suggestions in both the Cohen filings that The Trump Organization was involved in crimes, and that is very significant. As Emptywheel pointed out recently, even if Trump were to pull a Nixon and make a deal with Pence–the presidency in return for pardons–Pence could not pardon Trump’s company.
Marcy writes that the sentencing memorandum released by Cohen’s attorneys on November 30,
…puts Trump’s eponymous organizations — his company and his foundation — squarely in the bullseye of law enforcement. The known details of all those puts one or the other Trump organization as an actor in the investigation. And we’ve already seen hints that the Trump Organization was less than responsive to some document requests from Mueller, such as this detail in a story on the Trump Tower deal:
According to a person familiar with the investigation, Cohen and the Trump Organization could not produce some of the key records upon which Mueller relies. Other witnesses provided copies of those communications.
If there’s a conspiracy to obstruct Mueller’s investigation, I’m fairly certain the Trump Organization was one of the players in it….
But the Trump Organization did not get elected the President of the United States (and while the claims are thin fictions, Trump has claimed to separate himself from the Organization and Foundation). So none of the Constitutional claims about indicting a sitting President, it seems to me, would apply.
If I’m right, there are a whole slew of implications, starting with the fact that….it utterly changes the calculation Nixon faced as the walls started crumbling. Nixon could (and had the historical wisdom to) trade a pardon to avoid an impeachment fight; he didn’t save his presidency, but he salvaged his natural person. With Trump, a pardon won’t go far enough: he may well be facing the criminal indictment and possible financial ruin of his corporate person, and that would take a far different legal arrangement (such as a settlement or Deferred Prosecution Agreement) to salvage. Now throw in Trump’s narcissism, in which his own identity is inextricably linked to that of his brand. And, even beyond any difference in temperament between Nixon and Trump, there’s no telling what he’d do if his corporate self were also cornered.
In other words, Trump might not be able to take the Nixon — resign for a pardon — deal, because that may not be enough to save his corporate personhood.
Head over to Emptywheel for more details.
Ken White (AKA Popehat) at The Atlantic: Manafort, Cohen, and Individual 1 Are in Grave Danger.
White provides a very good summary of the yesterday’s three court filings, which you can read at the link. Here’s his conclusion:
The president said on Twitter that Friday’s news “totally clears the President. Thank you!” It does not. Manafort and Cohen are in trouble, and so is Trump. The Special Counsel’s confidence in his ability to prove Manafort a liar appears justified, which leaves Manafort facing what amounts to a life sentence without any cooperation credit. The Southern District’s brief suggests that Cohen’s dreams of probation are not likely to come true. All three briefs show the Special Counsel and the Southern District closing in on President Trump and his administration. They’re looking into campaign contact with Russia, and campaign finance fraud in connection with paying off an adult actress, and participation in lying to Congress. A Democratic House of Representatives, just days away, strains at the leash to help. The game’s afoot.
Another very good summary of the filings can be read at Lawfare, this one by Victoria Clark, Mikhaila Fogel, Quinta Jurecic, and Benjamin Wittes: ‘Totally Clears the President’? What Those Cohen and Manafort Filings Really Say. Here’s a short excerpt on Trump’s culpabililty:
In short, the Department of Justice, speaking through the acting U.S. attorney for the Southern District of New York, is alleging that the president of the United States coordinated and directed a surrogate to commit a campaign finance violation punishable with time in prison. While the filing does not specify that the president “knowingly and willfully” violated the law, as is required by the statute, this is the first time that the government has alleged in its own voice that President Trump is personally involved in what it considers to be federal offenses.
And it does not hold back in describing the magnitude of those offenses. The memo states that Cohen’s actions, “struck a blow to one of the core goals of the federal campaign finance laws: transparency. While many Americans who desired a particular outcome to the election knocked on doors, toiled at phone banks, or found any number of other legal ways to make their voices heard, Cohen sought to influence the election from the shadows.” His sentence “should reflect the seriousness of Cohen’s brazen violations of the election laws and attempt to counter the public cynicism that may arise when individuals like Cohen act as if the political process belongs to the rich and powerful.”
One struggles to see how a document that alleges that such conduct took place at the direction of Individual-1 “totally clears the president.”
Garrett M. Graff at Wired: The Mueller Investigation Nears the Worst Case Scenario.
WE ARE DEEP into the worst case scenarios. But as new sentencing memos for Trump associates Paul Manafort and Michael Cohen make all too clear, the only remaining question is how bad does the actual worst case scenario get?
The potential innocent explanations for Donald Trump’s behavior over the last two years have been steadily stripped away, piece by piece. Special counsel Robert Mueller and investigative reporters have uncovered and assembled a picture of a presidential campaign and transition seemingly infected by unprecedented deceit and criminality, and in regular—almost obsequious—contact with America’s leading foreign adversary.
A year ago, Lawfare’s Benjamin Wittes and Quinta Jurecic outlined seven possible scenarios about Trump and Russia, arranged from most innocent to most guilty. Fifth on that list was “Russian Intelligence Actively Penetrated the Trump Campaign—And Trump Knew or Should Have Known,” escalating from there to #6 “Kompromat,” and topping out at the once unimaginable #7, “The President of the United States is a Russian Agent.”
After the latest disclosures, we’re steadily into Scenario #5, and can easily imagine #6.
Read a detailed analysis at the link. Graff is the author of a book on Robert Mueller’s time as FBI Director.
Another highly recommended analysis from Ryan Goodman and Andy Wright at Just Security: Mueller’s Roadmap: Major Takeaways from Cohen and Manafort Filings. Goodman and Write offer eight “takeaways.”
1. SDNY Prosecutors named the President of the United States as a direct participant, if not the principal, in felonies….
2. Other Trump Campaign and Trump Organization officials may face criminal charges for the hush money scheme….
3. The Special Counsel ties Trump directly to possible Russia collusion….
4. Russian contacts began during the GOP Primary….
5. The Special Counsel targets many Manafort lies but is silent on the infamous Trump Tower meeting with Russians….
6. Some potential hints of obstruction and suborning perjury….
7. Mueller’s M.O.: What he’ll do with lying to the public (and lies in writing)….
8. Why Cohen was more forthcoming with Mueller than SDNY, and SDNY wants him to serve a significant prison sentence.
I’ll just share one interesting excerpt from point 7, on lies that are put in writing and lies to the public. Both of these could apply to Trump himself.
In terms of perjury and false statements, Mueller seizes on fact that Cohen lies were in written testimony rather than arising “spontaneously from a line of examination or heated colloquy.” That’s a danger sign for people like Trump, who may have thought they had greater safety in written responses to Mueller, and people like Roger Stone, whose apparent lies to Congress are on the face of his written testimony.
Another important insight is how Mueller seizes on Cohen’s lies made to the public.
First, Mueller’s theory of the case recognizes that public statements are methods of communication with other witnesses. That’s important for potential conspiracies to commit perjury or otherwise obstruct justice. This also increases the likelihood that Mueller will regard public statements by President Trump and his lawyers as signals to other witnesses–such as publicly dangling pardons and favoring the “strength” of uncooperative witnesses.
Second, Mueller considers lies to the public can be an attempt to undermine the investigation. The memo states, “By publicly presenting this false narrative, the defendant deliberately shifted the timeline of what had occurred in the hopes of limiting the investigations into possible Russian interference in the 2016 U.S. presidential election.” That sounds awfully similar to the creation of a cover story about the June 9 Trump Tower meeting, which the President himself reportedly directed from aboard Airforce One.
Third, Mueller considers Cohen’s false statements to be even more significant because he “amplified” them by “by releasing and repeating his lies to the public.” That approach spells trouble for several Trump campaign associates including Roger Stone, Donald Trump Jr., Erik Prince, and Michael Caputo.
Barry Berke, Noah Bookbinder and Norman Eisen at The Washington Post: Is This the Beginning of the End for Trump? A brief excerpt:
The special counsel focuses on Mr. Cohen’s contacts with people connected to the White House in 2017 and 2018, possibly further implicating the president and others in his orbit in conspiracy to obstruct justice or to suborn perjury. Mr. Mueller specifically mentions that Mr. Cohen provided invaluable insight into the “preparing and circulating” of his testimony to Congress — and if others, including the president, knew about the false testimony or encouraged it in any way, they would be at substantial legal risk.
Mr. Trump’s legal woes do not end there. The special counsel also advanced the president’s potential exposure under the Foreign Corrupt Practices Act for activities relating to a potential Trump Tower Moscow. Mr. Mueller noted that the Moscow project was a lucrative business opportunity that actively sought Russian government approval, and that the unnamed Russian told Mr. Cohen that there was “no bigger warranty in any project than the consent” of Mr. Putin.
If recent reports that Mr. Cohen floated the idea of giving Mr. Putin a $50 million luxury apartment in a future Trump Tower Moscow prove true, both the president and his company could face substantial jeopardy.
There’s much more analysis at the WaPo link.
It has been quite a week, ending with a bang yesterday. As Trump often says, “we’ll see what happens.” What stories have you been following?
Lots of news breaking on Paul Manafort after the Mueller filing yesterday informing the court that Manafort lied repeatedly to the FBI after agreeing to a plea deal. The Guardian just released a blockbuster story, although quite several Intelligence experts on Twitter are questioning whether it’s legit.
Donald Trump’s former campaign manager Paul Manafort held secret talks with Julian Assange inside the Ecuadorian embassy in London, and visited around the time he joined Trump’s campaign, the Guardian has been told.
Sources have said Manafort went to see Assange in 2013, 2015 and in spring 2016 – during the period when he was made a key figure in Trump’s push for the White House.
It is unclear why Manafort wanted to see Assange and what was discussed. But the last meeting is likely to come under scrutiny and could interest Robert Mueller, the special prosecutor who is investigating alleged collusion between the Trump campaign and Russia.
A well-placed source has told the Guardian that Manafort went to see Assange around March 2016. Months later WikiLeaks released a stash of Democratic emails stolen by Russian intelligence officers.
Manafort denies the report. More from The Guardian story:
A separate internal document written by Ecuador’s Senain intelligence agency and seen by the Guardian lists “Paul Manaford [sic]” as one of several well-known guests. It also mentions “Russians”.
According to two sources, Manafort returned to the embassy in 2015. He paid another visit in spring 2016, turning up alone, around the time Trump named him as his convention manager. The visit is tentatively dated to March.
Manafort’s 2016 visit to Assange lasted about 40 minutes, one source said, adding that the American was casually dressed when he exited the embassy, wearing sandy-coloured chinos, a cardigan and a light-coloured shirt….
The revelation could shed new light on the sequence of events in the run-up to summer 2016, when WikiLeaks published tens of thousands of emails hacked by the GRU, Russia’s military intelligence agency. Hillary Clinton has said the hack contributed to her defeat.
One expert Twitter skeptic:
I’m sure other reporters are already trying to confirm the Guardian story. A strong argument in favor of the piece is that the primary author is Luke Harding, a writer with excellent sources in Russian in Ukraine. He’s the author of Collusion: Secret Meetings, Dirty Money, and How Russia Helped Donald Trump Win, a terrific book. Natasha Bertrand’s take:
Others are discussing why Manafort would have lied to the Mueller team. It could be he’s betting on a pardon, but more likely he’s terrified of being murdered by Putin and other oligarchs. Here’s something interesting:
Listen to the full podcast at Slate.
The notion that Manafort fears Russian oligarchs more than he fears Mueller and prison makes sense, it fits with this story by Betsy Woodruff from a year ago: Mueller Reveals New Manafort Link to Organized Crime.
Buried deep in Robert Mueller’s indictment of Paul Manafort is a new link between Donald Trump’s former campaign and Russian organized crime.
The indictment (PDF), unsealed on Monday, includes an extensive look into Paul Manafort’s byzantine financial dealings. In particular, it details how he used a company called Lucicle Consultants Limited to wire millions of dollars into the United States.
The Cyprus-based Lucicle Consultants Limited, in turn, reportedly received millions of dollars from a businessman and Ukrainian parliamentarian named Ivan Fursin, who is closely linked to one of Russia’s most notorious criminals: Semion Mogilevich.
Mogilevich, who also has ties to Trump, is easily the most powerful man in the Russian mafia.
Mogilevich is frequently described as “the most dangerous mobster in the world.” Currently believed to be safe in Moscow, he is, according to the FBI, responsible for weapons trafficking, contract killings, and international prostitution. In 2009, he made the bureau’s Ten Most Wanted Fugitives list.
“Ivan Fursin was a senior figure in the Mogilevich criminal organization,” Taras Kuzio, a non-resident fellow at Johns Hopkins-SAIS’ Center for Transatlantic Relations and a specialist on the region told The Daily Beast.
Martin Sheil, a retired criminal investigator for the IRS, said the indictment, with its connections to Fursin, helps illuminate the murky world Manafort operated in before taking the reins of Trump’s presidential bid.
“This indictment strongly indicates the existence of a previously unknown relationship between an alleged Russian organized crime leader and Mr. Manafort,” Sheil told The Daily Beast.
Read more at The Daily Beast.
Trump is freaking out this morning, tweeting insane attacks on Mueller.
This post at Alternet summarizes some of Marcy Wheeler’s recent arguments about Manafort and Mueller: This reporter argues that Trump used Manafort as a ‘mole’ inside Mueller’s investigation — but it just blew up in their faces.
Marcy Wheeler, one of most astute Mueller watchers who once provided as yet undisclosed information to the FBI about the investigation, argued compellingly that Manafort has been acting as a mole within the investigation for President Donald Trump. Even more intriguingly, though, she believes Mueller knew this and may have used Manafort against the president.
The only sane reason, she claimed in a new blog post, that Manafort would lie to Mueller even after taking a plea deal, is that he’s banking on a pardon from Trump, which would, in any case, cover only federal and not state crimes.
“Just about the only explanation for Manafort’s actions are that — as I suggested — Trump was happy to have Manafort serve as a mole in Mueller’s investigation,” she wrote.
If this is right, it could be devastating for Trump. He finally turned in his answers to the special counsel’s investigation last week — and he may have relied on Manafort’s “insider knowledge.”
“But Mueller’s team appears to have no doubt that Manafort was lying to them,” Wheeler explained. “That means they didn’t really need his testimony, at all. It also means they had no need to keep secrets — they could keep giving Manafort the impression that he was pulling a fast one over the prosecutors, all while reporting misleading information to Trump that he could use to fill out his open book test. Which increases the likelihood that Trump just submitted sworn answers to those questions full of lies.”
There are several reasons Wheeler’s argument is compelling. First, as she previously noted, Manafort’s plea agreement did not include a provision to limit him from speaking with outside parties about the investigations, even though Rick Gates, Manafort’s deputy who also pleaded guilty in the probe, was forced to agree to such a provision. For some reason, Mueller wasn’t worried about Manafort’s lawyers communicating with Trump — which he has been doing.
Click the link to read the rest.
I wonder how long his lawyers will be able to prevent Trump from pardoning Manafort?
A couple of other stories, one recent and very disturbing and one historical.
The Daily Beast: Trans Woman Was Beaten in ICE Custody Before Death, Autopsy Finds.
Roxsana Hernández Rodriguez, 33, a transgender woman from Honduras, died on May 25, nine days after being transferred to a dedicated unit for transgender women at the Cibola County Correctional Center in New Mexico, which is operated under contract by CoreCivic, the second-largest private prison company in the United States.
“There she developed severe diarrhea and vomiting over the course of several days,” wrote forensic pathologist Kris Sperry, “and finally was emergently hospitalized, then transported to Lovelace Medical Center in Albuquerque, New Mexico, where she remained critically ill until her death.” [….]
The autopsy concluded that Hernández Rodriguez’s cause of death was most likely “severe complications of dehydration superimposed upon HIV infection,” which made her susceptible to the physiologic effects of untreated dehydration.
“According to observations of other detainees who were with Ms. Hernández Rodriguez, the diarrhea and vomiting episodes persisted over multiple days with no medical evaluation or treatment, until she was gravely ill,” Sperry wrote.
Sperry’s autopsy, the second conducted on Hernández Rodriguez’s body following her death, also found evidence of physical abuse, with “deep bruising” on her hands and abdomen, evidence of blunt-force trauma “indicative of blows, and/or kicks, and possible strikes with blunt object.” An accompanying diagram illustrated long, thin bruises along Hernández Rodriguez’s back and sides, as well as extensive hemorrhaging on Hernández Rodriguez’s right and left wrists, which Dr. Sperry found were “typical of handcuff injuries.”
Horrifying. I’m sure we’ll being hearing many shocking stories about ICE abuses in the coming months and years.
Michael Isakoff at Yahoo News: In the closet in the White House: The tortured history of the gay man who touched off the purge of gays in government.
In the annals of presidential directives, few were more chilling than a document signed by President Dwight D. Eisenhower in April 1953. Crafted during the height of the Cold War, Executive Order 10450 declared that alongside Communism, “sexual perversion” by government officials was a threat to national security. The order became the trigger for a massive purge of the federal workforce. In the years that followed, thousands of government employees were investigated and fired for the “crime” of being gay.
The full story of Executive Order 10450 and its terrible consequences has only started to surface in more recent years as a result of books like “The Lavender Scare” and films like “Uniquely Nasty,” a 2015 Yahoo News documentary that this reporter co-wrote and directed. But it turns out there was an untold personal drama behind the making of the anti-gay White House order — a saga that is recounted for the first time in a new book to be published next week, “Ike’s Mystery Man: The Secret Lives of Robert Cutler.”
Written by Peter Shinkle, a former reporter for the St. Louis Post-Dispatch, it tells the life story of the author’s great uncle, a central character in the creation of Executive Order 10450. A blue blood liberal Republican from a prominent Boston family, a Harvard graduate and member of the elite Porcellian Club, a wealthy banker and U.S. Army general during World War II, Robert “Bobby” Cutler Jr. became a close adviser to Eisenhower during his 1952 presidential campaign. He then was tapped by Ike to serve as White House special assistant for national security affairs, the forerunner to the position of national security adviser.
In that post, Cutler, who prided himself on never talking to the press, was a pivotal figure, helping to direct U.S. foreign policy during an era of tense global confrontation with the Soviet Union. And it was Cutler who oversaw the drafting of Executive Order 10450 — a role all the more remarkable because, as Shinkle reveals, Cutler was a gay man who secretly pursued a passionate, yearslong relationship with a young naval intelligence officer on the national security council staff.
Please go read the whole thing. It’s fascinating.
That’s it for me today. What stories are you following?
Hurricane Florence coverage is dominating the news as the storm approaches the Carolinas. Will the storm live up to the hype? For the sake of the people in it’s path, I hope it continues to weaken.
Hurricane Florence is making its final approach to the Carolinas, with landfall possible either overnight tonight or Friday, kicking off an agonizing crawl through the Southeast into early next week, producing catastrophic inland rainfall flooding, life-threatening storm surge and destructive winds.
As of Thursday morning, Florence’s eye was located about 160 miles east-southeast of Wilmington, North Carolina, moving northwestward.
Outer rainbands are already pushing ashore in eastern North Carolina, only the beginning of what could be a record wet siege from a tropical cyclone in parts of the Tar Heel State….
The National Hurricane Center noted Wednesday evening that while Florence has weakened some, “the wind field of the hurricane continues to grow in size. This evolution will produce storm surges similar to that of a more intense, but smaller, hurricane, and thus the storm surge values seen in the previous advisory are still valid.” [….]
“This will likely be the storm of a lifetime for portions of the Carolina coast,” the National Weather Service in Wilmington, North Carolina, wrote in its Tuesday evening area forecast discussion. A Wednesday morning forecast discussion said flooding in southeast North Carolina and northeast South Carolina could be “unprecedented.”
The storm was about 145 miles east-southeast of Wilmington, North Carolina, and 195 miles off the coast of Myrtle Beach, South Carolina Thursday as of 8 a.m. EST. But with tropical force winds extending almost 200 miles from the center, Florence was a poised to bring havoc well before making landfall.
That could happen sometime Friday, probably somewhere near the states’ border. FEMA administrator Brock Long urged people in mandatory evacuation areas to get out. And he warned that the storm cleanup will take time and patience….
More than 1 million people were evacuated from coastal areas, and 10 million live within areas of hurricane or tropical storm warnings and watches. Storm surge of up to 13 feet will be “life threatening” and rainfall of up to 40 inches will mean “catastrophic” flooding, he National Hurricane Center said.
“We want to continue to send the message that this monster of a storm is not one to ride out,” North Carolina Gov. Roy Cooper said.
Some folks still plan stay put, according to the article.
Meanwhile, we learned a couple of days ago that the Trump regime stole money from FEMA to pay for it’s child separation policy and immigrant concentration camps. But it turns out the situation is even worse than we thought.
The Trump administration this summer quietly redirected $200 million from all over the Department of Homeland Security to Immigrations and Customs Enforcement, despite repeated congressional warnings of ICE’s “lack of fiscal discipline” and “unsustainable” spending.
The Department of Homeland Security asked for the money, according to a document made public this week by Oregon Sen. Jeff Merkley. Of the $200 million, the document says $93 million will go to immigrant detention, a 3% budget increase that will fund capacity for an additional 2,300 detainees; and $107 million for “transportation and removal,” or deportations, a 29% budget increase.
The additional $200 million would put ICE’s budget for detention and transportation at more than $3.6 billion.
The money came from different parts of DHS, including FEMA, the Countering Weapons of Mass Destruction Office, Federal Law Enforcement Training Centers, Coast Guard, Transportation Security Administration, cybersecurity office and Customs and Border Protection.
Read the rest at CNN.
The residents of the states in the Florence’s path should be very nervous. This morning Trump again attacked Puerto Rico on Twitter. CNN: Trump falsely claims nearly 3,000 Americans in Puerto Rico ‘did not die.’
Nearly 3,000 people died in the aftermath of Hurricane Maria in Puerto Rico. President Donald Trump denied this reality as a hurricane barrels toward the Carolinas.
“3000 people did not die in the two hurricanes that hit Puerto Rico. When I left the Island, AFTER the storm had hit, they had anywhere from 6 to 18 deaths. As time went by it did not go up by much. Then, a long time later, they started to report really large numbers, like 3000,” he said in a tweet Thursday morning as Carolinians prepared to be pummeled by Hurricane Florence.
Earlier this month, the island’s governor formally raised the death toll from Hurricane Maria to an estimated 2,975 from 64 following a study conducted by researchers at The George Washington University. CNN’s own reporting reflects similar numbers. The university study accounted for Puerto Ricans who succumbed to the stifling heat and other aftereffects of the storm and had not been previously counted in official figures. Much of the US territory was without power for weeks.
Trump has consistently denied any fault for his administration in the aftermath of the storm. In fact, the President has instead sought praise for his handling of Hurricane Maria, saying earlier this week that it was “an incredible, unsung success.” [….]
“I think Puerto Rico was incredibly successful,” Trump said Tuesday in the Oval Office, noting that the island location is “tough” during a hurricane due to the inability to transport vital equipment and supplies by truck. “It was one of the best jobs that’s ever been done with respect to what this is all about.”
Whether or not FEMA is prepared and has the necessary funds, Trump will claim he did a fabulous job.
The Senate Intelligence Committee met this morning, and they decided to postpone the vote on Brett Kavanaugh until next Thursday, Sept. 20 at 1:45PM after Democrats successfully pushed for the
delay. CBS News:
Under the committee rules, any member can ask for a one-week delay on the vote of a nominee. After numerous Democrats deployed a strategy of holding up hearing business, citing lack of access to documents pertaining to Kavanaugh’s record, the minority pushed for another delay in the confirmation process.
Sen. Richard Blumenthal, D-Connecticut, began the committee’s business by motioning to adjourn “to make sure we have the time and information we need, the documents, the facts, the witnesses in order to proceed on the Kavanaugh nomination.”
“This nomination is going to be tainted, it will be stained by process…broken the traditions of this committee.” He added the nomination was rushed through to judgement in a “highly partisan and unfortunately failed way.”
Blumenthal argued that there’s an “even more urgent and pressing duty to get those documents and having witnesses to enable us to evaluate serious concerns raised as a result of evasive and seemingly misleading answers given to us at the hearing.”
Read more at the link. At least they bought time for more public opposition to Kavanaugh. Susan Collins of Maine has been subjected to sustained pressure, and she hasn’t handled it well at all.
On Monday, Sen. Susan Collins accused political opponents of Judge Brett Kavanaugh of attempted “bribery.” The charge itself is without any legal merit whatsoever. That complaints about the campaign finance effort came from Collins, Republican election lawyer Cleta Mitchell, and an aide to Senate Majority Leader Mitch McConnell make the episode almost too rich to be believed. Their cries of bribery, illegality, and lack of principle lay bare the bankrupt campaign finance system that Mitchell and McConnell helped create and that Collins has contributed to with previous Supreme Court votes and will supersize with her likely vote to confirm Kavanaugh.
Collins labeled as a “bribe” a fundraising plan by two progressive Maine groups, aided by the company Crowdpac, to raise funds for Collins’ eventual opponent in 2020. People are pledging to give money via Crowdpac to that unknown future opponent, but donors will only be charged for the donation if Collins votes “yes” on Kavanaugh’s nomination to the Supreme Court. As of Tuesday night, the groups reported pledged donations of more than $1 million, with a $1.3 million goal. There were more than 39,000 individual pledges ranging from $1 to the maximum allowable donation to a candidate of $2,700.
Now we can argue about whether the political threat to Collins funded by tens of thousands of small donations should be illegal. But claims by Mitchell and others that the fundraising effort is illegal are wrong, in part thanks to the deregulated campaign finance system that Mitchell and others have helped to create through litigation and a sympathetic Supreme Court.
Read more at Slate.
For the past couple of days we’ve been hearing that Paul Manafort is negotiating for a plea deal to avoid having to go through a second trial. But it looks like he is still counting on a pardon from Trump once he’s finished with the legal process.
Today Politico reports that Trump and his legal team aren’t the least bit concerned.
At any time, Trump could wipe out Manafort’s earlier convictions and eliminate the need for the D.C. trial or a plea deal by pardoning Manafort. The president has sounded open to the idea, expressing deep sympathy for his former campaign chief….
Several aides and advisers have told POLITICO they believe Trump will grant clemency to Manafort, but Giuliani has said the president has agreed to put off any consideration of the issue until the Mueller probe concludes.
Asked Wednesday whether a plea deal would close the door on Manafort getting a Trump pardon, Giuliani replied, “No, it doesn’t. I can’t speak for his exercising discretion on a pardon. But I don’t see why it would foreclose it, no.”
Isn’t dangling a pardon obstruction and/or witness tampering? Giuiliani also revealed that Trump’s and Manafort’s attorneys are still in a joint defense agreement, so Trump is privy to everything Manafort is doing and vice versa.
Giuliani also confirmed that Trump’s lawyers and Manafort’s have been in regular contact and that they are part of a joint defense agreement that allows confidential information sharing.
“All during the investigation we have an open communication with them,” he said. “Defense lawyers talk to each other all the time where as long as our clients authorize it therefore we have a better idea of what’s going to happen. That’s very common.”
Giuliani confirmed he spoke with Manafort’s lead defense lawyer Kevin Downing shortly before and after the verdicts were returned in the Virginia trial, but the former mayor wouldn’t say what he discusses with the Manafort team. “It’d all be attorney-client privilege not just from our point of view but from theirs,” he said.
It appears the fix is in. For all we know the attorneys already could have worked out how they will handle the pardon. Of courses that still would not get Manafort off the hook for state charges or for being forced by Mueller to testify before the grand jury. But Giuliani says they won’t act on a pardon until the investigation is over, so I guess until it happens, Manafort could still take the fifth and refuse to answer questions. I hope Mueller refuses any plea that doesn’t include cooperation from Manafort.
So . . . what else is happening? Let us know your thoughts in the comment thread below.
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.
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.
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.
…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.
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.
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.
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.
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?
Good Afternoon Sky Dancers!
I’m focusing on the last standing functional branch of our Democracy today. I’ve noticed that some of the court cases recently have shown us that a few of our institutions are still working despite attempts to take them down. I also cover a bit of that because, as you know, “these are the times that try men’s souls”.
The Special Counsel’s Appointment and Authority has been upheld by one of the first Trump Court Appointee’s this morning. This is significant as Mueller’s team takes aim at Roger Stone who dallied with Guccifer 2.0 and may be one of the first of the campaign’s inner circle to be directly indicted for playing footsy with the Russians. This is via CNN:
A federal district judge who was appointed by President Donald Trump has upheld Robert Mueller’s appointment and constitutional authority in the special counsel’s case against Russian social media propagandists.
Judge Dabney Friedrich, who serves at the trial-court level in DC federal court, said Concord Management and Consulting could not have its case tossed on constitutional grounds. The Russian company accused of backing a social media effort to sway voters against Democratic presidential candidate Hillary Clinton claimed Mueller didn’t have power to bring the case because he was not appointment by the President and confirmed by Congress. Mueller was appointed under the authority of Deputy Attorney General Rod Rosenstein, who has broad power as the acting head of the Justice Department for the 2016 election probe.
“The appointment does not violate core separation-of-powers principles. Nor has the Special Counsel exceeded his authority under the appointment order by investigating and prosecuting Concord,” Friedrich wrote in an opinion published Monday morning. She was one of the first judges Trump placed into a federal court position.
Friedrich cited opinions by three other federal judges — Amy Berman Jackson, who oversees Paul Manafort’s criminal foreign lobbying case; T.S. Ellis, who oversees Manafort’s financial fraud case; and DC District Court Chief Judge Beryl Howell — to back up her decision.
All three judges also denied requests to invalidate Mueller’s authority, with Howell writing as recently as late July that a witness subpoenaed to turn over documents and to testify before the grand jury about Roger Stone would have to. That witness, Andrew Miller, has been held in contempt of the court and now may appeal.
Both Manafort and Stone and key associates have tried to dart and dodge aspects of their indictments. So far, they’ve failed.
The prosecution is wrapping up its tax- and bank-fraud case against Manafort, Trump’s former campaign chairman.
After the blistering pace set by U.S. District Judge T.S. Ellis III, the trial ground to a sudden halt on Friday for an unexplained reason. The judge and lawyers spent half the day huddled behind closed doors, with the trial not resuming until mid-afternoon.
The star of the trial was Gates, who was depicted by the defense as an unprincipled crook who ripped off Manafort and maybe the Trump campaign, and cheated on his wife to boot. But he also described to prosecutors how he helped Manafort hide millions of dollars that he earned from political consulting work in Ukraine in offshore accounts, and helped forge documents that made it easier for Manafort to defraud banks.
The jury heard from plenty of financial experts who backed up those claims. The professionals who helped Manafort, including his bookkeeper and tax accountant, said Manafort was the one in charge and insisted on giving final approval. The accountant said she was aware that Manafort’s tax returns contained false information. Bankers testified they wouldn’t have approved Manafort’s loan requests had they received the correct information from him about his income and debts.
Stephen Calk, chief executive officer of Federal Savings Bank in Chicago, expedited approval of two loans for Manafort totaling $16 million as he pushed Manafort for help landing a job with the Trump administration soon after the 2016 election, a former bank employee testified.
Manafort’s defense gets a chance to put its case before the jury this week, although it’s not required to do so. It’s unclear whether Manafort plans to testify or when jurors will begin deliberating.
However, the White House continues to skirt laws and ethics guidelines. This one is a whopper of an issue. The Daily Beast has this lede: ‘White House: It’s in ‘Public Interest’ for Staff to Skirt Ethics Rules to Meet With Fox News’ written by Lachlan Markay. No wonder they want to change the way administrative judges are appointed.
It is “in the public interest” for a the White House’s top communicator to be excused from federal ethics laws so he can meet with Fox News, according to President Donald Trump’s top lawyer.
Bill Shine, Trump’s newly minted communications director, and Larry Kudlow, the White House’s top economist, who worked at CNBC before his White House post, have both been excused from provisions of the law, which seeks to prevent administration officials from advancing the financial interests of relatives or former employers.
“The Administration has an interest in you interacting with Covered Organizations such as Fox News,” wrote White House counsel Don McGahn in a July 13 memo granting an ethics waivers to Shine, a former Fox executive. “[T]he need for your services outweighs the concern that a reasonable person may question the integrity of the White House Office’s programs and operations.”
Kudlow, a former CNBC host, received a similar waiver allowing him to communicate with former colleagues.
Including Shine and Kudlow, the White House has granted a total of 20 waivers to provisions of various federal ethics laws and the ethics pledge that President Trump instituted by executive order the week he took office. Federal agencies have granted many more such waivers.
Supreme Court nominee Brett Kavanaugh’s Senate confirmation hearings will start on Sept. 4 and last between three and four days, Judiciary Chairman Chuck Grassley (R-Iowa) announced on Friday.
That scheduling tees up the GOP to meet its goal of getting President Donald Trump’s pick seated on the high court by the time its term begins in early October, barring unforeseen obstacles or a breakthrough by Democrats who are pushing to derail Kavanaugh’s confirmation.
The Supreme Court battle so far has focused on documents related to Kavanaugh’s five years in the George W. Bush White House. Democrats have excoriated the GOP for declining to seek records from the nominee’s time as Bush’s staff secretary and condemned the Republican decision to rely on a Bush-driven review process for the early round of vetting, while the majority party hails the vast scope of documents that are set for release.
Grassley said earlier this month that he anticipates being able to complete Kavanaugh’s consideration by the Judiciary panel within about two weeks after the close of the confirmation hearings, which will feature questioning of the nominee beginning on Sept. 5. After the Judiciary panel clears Kavanaugh, Grassley added, the nomination is expected to reach the Senate floor within days.
“At this current pace, we have plenty of time to review the rest of emails and other records that we will receive from President Bush and the National Archives,” Grassley said in a Friday statement setting the hearing dates. “It’s time for the American people to hear directly from Judge Kavanaugh at his public hearing.”
The FBI has overridden its normal process of employee discipline to fire Agent Peter Strzok who basically was exercising his first amendment rights to criticize D’oh Hair Furor. I’m wondering how long it will take to fire up a law suit on this one. This is from Matt Zapotosky at WAPO.
The FBI has fired agent Peter Strzok, who helped lead the bureau’s investigation into Russian interference in the 2016 election until officials discovered he had been sending anti-Trump texts.
Aitan Goelman, Strzok’s lawyer, said FBI Deputy Director David L. Bowdich ordered the firing on Friday — even though the director of the FBI office that normally handles employee discipline had decided Strzok should face only a demotion and 60-day suspension. Goelman said the move undercuts the FBI’s repeated assurances that Strzok would be afforded the normal disciplinary process.
“This isn’t the normal process in any way more than name,” Goelman said, adding in a statement, “This decision should be deeply troubling to all Americans.”
The FBI declined to comment.
The termination marks a remarkable downfall for Strzok, a 22-year veteran of the bureau who investigated Russian spies, defense officials accused of selling secrets to China and myriad other important cases. In the twilight of his career, Strzok was integral to two of the bureau’s most high-profile investigations: the Russia case; and the investigation into Hillary Clinton’s use of a private email server while she was secretary of state.
Welp, now we’ve at least closed the circle on Betsy DeVos and for-profit colleges. She’s gone from evading questions about whether she would regulate these fraud machines to disbanding the team charged with investigating them. Now, she flat out withdrew the gainful employment rule, signaling to all that under her watchful eye, the DeVrys, the Trump Universities, and the Corinthian Colleges are free to flourish – while unwitting students and their families can simply eat cake.
The “gainful employment rule,” you may remember, is the one adopted in 2016 under the Obamaadministration, after several cash-cow diploma mills found themselves defending fraud lawsuits brought by swindled students. The rule prohibited these businesses from using deceptive practices to entice customers to plunk down thousands in student loan money when the corresponding “degree” wasn’t worth the expensive paper on which it was printed. Or in other words, exactly what Trump University was accused of doing. It was also the rule Senator Elizabeth Warren skeweredDeVos on at DeVos’ confirmation hearing.
Well, as they say “No justice, No Peace”.
This is pretty outrageous.
The Clearwater man who shot and killed a father of three outside a convenience store in a parking dispute last month — setting off a stand your ground debate that has swept Florida and the nation — has a history of road rage.
Since 2012, according to records and interviews, 47-year-old Michael Drejka has been the accused aggressor in four incidents. Investigators documented three cases in police reports.
The other was not shared with authorities at the time but involved the same handicap-reserved parking spot outside the Circle A Food Store near Clearwater and another shooting threat.
Two involved allegations of Drejka showing a gun. In another, a trooper accused him of aggressive driving and cited him after a crash when Drejka braked hard in front of a woman driving with two children.
Drejka has not spoken publicly in the weeks since he shot and killed 28-year-old Markeis McGlockton. No one has spoken much about him, either. Not family. Not neighbors. Not lawyers. Several alleged victims in previous incidents either declined to comment or could not be reached. Drejka remains, in many ways, an enigma to the public. He has not been arrested.
The shooter was white and the victim was black. Just an hour ago, however, we got this lede from the Tampy Bay Times: “Shooter charged with manslaughter in Clearwater stand your ground case”.
Prosecutors charged Michael Drejka, the man accused of killing Markeis McGlockton in a shooting that has reignited a debate around Florida’s stand your ground law, with manslaughter Monday.
According to the Pinellas County Sheriff’s Office, Drejka was taken into custody Monday morning. He is being booked into the Pinellas County Jail, where he will be held in lieu of $100,000 bail.
Drejka, 47, has avoided arrest since he shot 28-year-old McGlockton on July 19 because of the controversial self-defense law that eliminated one’s duty to retreat before resorting to force.
Pinellas Sheriff Bob Gualtieri announced July 20 that his agency was precluded from arresting Drejka because evidence showed it was “within the bookends of stand your ground and within the bookends of force being justified,” which provides immunity from arrest, the sheriff said. He forwarded the case Aug. 1 to the Pinellas-Pasco State Attorney’s Office to make a final charging determination.
So, I have ignored Omarossa today but I will pass this bit of sad news on about our country’s Queen of Soul, Aretha Franklin.
Music legend Aretha Franklin is “gravely ill,” her family told WDIV-TV (Channel 4) on Monday.
Channel 4 anchor Evrod Cassimy said this morning in a tweet: “I spoke with her family members this morning. She is asking for your prayers at this time.”
She is said to be dying at this time so we’re losing a great voice and person again.
So that’s a little this and that on what may be our last functional branch of government. Pray it stands its ground.
What’s on your reading and blogging list today?
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….
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.
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.
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?
“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.”
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?