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?
The title of this post is a quote from Michelle Obama. In an interview in London, Obama discussed “impostor syndrome,” that feeling many women struggle with that we are undeserving of success. From Newsweek:
The former first lady opened up about how the struggle with self-doubt “never goes away,” during a sold-out talk with Nigerian author Chimamanda Ngozi Adichie in London, which drew lines of tens of thousands of people.
Asked at the event how Obama felt about being seen as a “symbol of hope,” she said: “I still have a little imposter syndrome, it never goes away, that you’re actually listening to me,” according to the BBC.
“It doesn’t go away, that feeling that you shouldn’t take me that seriously. What do I know? I share that with you because we all have doubts in our abilities, about our power and what that power is.”
“If I’m giving people hope then that is a responsibility, so I have to make sure that I am accountable,” Obama said.
But here’s the quote I just loved:
Obama offered a “secret” to young women everywhere: “I have been at probably every powerful table that you can think of, I have worked at nonprofits, I have been at foundations, I have worked in corporations, served on corporate boards, I have been at G-summits, I have sat in at the U.N.: They are not that smart.”
It’s so true. And as long as mediocre white men are promoted over smarter and more experienced women, we will continue to be ruled by people who “are not that smart.”
You only need to look at the 2016 election, in which Hillary Clinton–a brilliant, experienced woman–was constantly denigrated in favor of two barely mediocre white men, Bernie Sanders and Donald Trump. And now that an ignorant, corrupt white man is “president,” that Hillary is repeatedly told to shut up and sit down, while mediocre, old white men like Bernie Sanders and Joe Biden–who have already failed in primary races–are promoted by the media.
I’ve avoided day-time cable news this week so I didn’t have to listen to the endless, over-the-top praise of the late George H.W. Bush. But I have to admit that Bush at least knew how to behave like a human being, unlike the current resident of the White House.
Trump attended Bush’s funeral, but he didn’t seem comfortable. Still he is being praised in some quarters for not making a complete fool of himself. Apparently he has been unhappy about having to go through an entire week when the media focus wasn’t on him. The New York Times reports:
Mr. Trump has been snappish with aides most of the week, according to administration officials, miffed in part by so many ceremonial events not related to him. He was impatient for the memorials to end but expressed pride in himself for remaining publicly civil. People close to the president called it a course correction after his peevish reaction to Mr. McCain’s death.
What a pathetic asshole. He did the bare minimum, didn’t sing hymns or recite the Apostle’s Creed, and was the only person in the room who didn’t put his hand over his heart when the coffin was carried out.
At The Washington Post, Rick Wilson writes that George W. Bush’s invitation to Trump to attend the funeral prevented the asshole from ruining the solemn event.
By insisting on his successor’s inclusion in the proceedings, Bush forced the current White House occupant to briefly abandon his unfrozen cave-man act, denying him the chance to further debase the office of president by siphoning the dignity out of 41’s final hours in D.C. — something 45 likely would have relished, given the opportunity.
We’ll still be hearing about Poppy Bush for a couple more days because there is going to be another funeral in Texas today.
On Monday, Trump hosted a 2020 strategy meeting with a group of advisers. Among the topics discussed was whether Mike Pence should remain on the ticket, given the hurricane-force political headwinds Trump will face, as demonstrated by the midterms, a source briefed on the session told me. “They’re beginning to think about whether Mike Pence should be running again,” the source said, adding that the advisers presented Trump with new polling that shows Pence doesn’t expand Trump’s coalition. “He doesn’t detract from it, but he doesn’t add anything either,” the source said. Last month, The New York Times reported that Trump had been privately asking advisers if Pence could be trusted, and that outside advisers have been pushing Nikki Haley to replace Pence. One veteran of Trump’s 2016 campaign who’s still advising Trump told me the president hasn’t been focused enough on 2020. “What he needs to do is consider his team for 2020 and make sure it’s in place,” the adviser said. “He has to have people on his team that are loyal to his agenda.”
Trump’s doubts about Pence are surprising given Pence’s frequent public encomiums and professions of loyalty. “Trump waxes and wanes on everyone,” a prominent Republican close to the White House explained. Part of what’s driving the debate over Pence’s political value is Trump’s stalled search for a chief of staff to replace John Kelly. According to a source, Kelly has recently been telling Trump that Pence doesn’t help him politically. The theory is that Kelly is unhappy that Pence’s 36-year-old chief of staff, Nick Ayers, has been openly campaigning for Kelly’s job. “Kelly has started to get more political and he’s whispering to Trump that Trump needs a running mate who can help him more politically,” the source said. (The White House did not respond to a request for comment.)
I wonder how Evangelical voters would feel about pious Pence getting dumped?
There has been lots of Russia investigation news this week despite the wall-to-wall coverage of Bush’s passing. Some stories to check out:
David Ignatius at The Washington Post: Michael Flynn appears to have come full circle.
The Trump campaign warrior of 2016 who led chants of “lock her up” deriding Democratic candidate Hillary Clinton, and then lied to the FBI after President Trump’s inauguration about his secret contacts with Russia, once again became an “exemplary” figure whose example, Mueller says, encouraged others to do the right thing.
“The defendant deserves credit for accepting responsibility in a timely fashion and substantially assisting the government,” writes Mueller in the sentencing memo. Mueller praises Flynn’s “early cooperation” as a spur to others. “The defendant’s decision to plead guilty and cooperate likely affected the decisions of related firsthand witnesses to be forthcoming [with the special counsel’s office] and cooperate,” the memo notes.
This denouement, in which Flynn is once again on the side of law enforcement and truth-telling, is fascinating to me as someone who followed his career for more than a decade and remembers hearing his blisteringly honest briefings as a combat intelligence commander in Afghanistan. Flynn became disoriented during his years in Trump’s orbit, but the sentencing memo suggests that he recovered his balance and sense of duty after Mueller began his investigation.
There’s a bizarre irony here. Trump pleaded with James B. Comey, the FBI director at the time the investigation of Flynn began, to consider “letting this go.” That was a grossly improper attempt to interfere with the investigation and prosecution of Flynn’s false statements. How strange that it was Mueller, in the end, who decided in effect to “let this go” by recommending no jail time, after the investigation had run its course and Flynn had pleaded guilty and cooperated.
Did Michael Flynn wear a wire for Mueller? MSNBC counterintelligence expert Frank Figliuzzi suggested as much yesterday. Hill Reporter.com:
MSNBC’s Morning Joe called on Frank Figluzzi to come in and help explain the memo. Figliuzzi was formerly an Assistant Director for Counterintelligence at the FBI and is familiar with Robert Mueller’s methods.
He began the segment by explaining that the extensive redactions meant that the info inside was sensitive. After stating that redactions are out of character for Mueller, Figluzzi said, “We saw lots of redaction. You do that in the FBI either when you have classified information or you are at such a sensitivity level that you cannot expose it.”
Figluzzi also felt the light sentence and amount of redactions meant the investigation was aiming for convictions at the highest levels. He continued, “I think, in fact, that underneath these redactions, if we were to lift these black magic marker points out, we would see people with the last name Trump or Kushner.”
Finally, Figluzzi ended the segment with a bombshell suggestion; Flynn may have worn a wire. He told the panel, “We see reference here to quick cooperation by Flynn. What does that mean? Did it happen in what we call the golden hour, where you could even wire somebody up and have him share communications in real time?”
At The Guardian, Marcia Chambers and Charles Kaiser made the same suggestion.
The least-noticed sentence in Michael Flynn’s plea agreement with special counsel Robert Mueller may also be the most important one.
Section eight of the deal reached by Donald Trump’s former national security adviser in the inquiry into Russian meddling in the US election is entitled “cooperation”. It specifies that as well as answering questions and submitting to government-administered polygraph tests, Flynn’s cooperation “may include … participating in covert law enforcement activities”.
Long-time students of federal law enforcement practices agreed, speaking anonymously, that “covert law enforcement activities” likely refers to the possibility of wearing a concealed wire or recording telephone conversations with other potential suspects. It is not known whether Flynn has worn a wire at any time.
“If the other subjects of investigation have had any conversations with Flynn during the last few months, that phrase must have all of them shaking in their boots,” said John Flannery, a former federal prosecutor in the southern district of New York.
“The one who must be particularly terrified is [Trump son-in-law and adviser] Jared Kushner, if he spoke to the special counsel’s office without immunity about the very matter that is the subject of Flynn’s plea. I think he must be paralyzed if he talked to Flynn before or after the investigators debriefed him.”
More Russia reads, links only:
Garrett M. Graff at Wired: 14 Questions Robert Mueller Knows the Answers To.
Renato Mariotti at Time: Don’t Expect Mueller to Charge a Grand Conspiracy.
Betsy Woodruff at The Daily Beast: Senate Intelligence Committee Grilled Steve Bannon About Cambridge Analytica.
What else is happening? What stories are you following today?
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?
Something big must be coming from either Mueller’s investigation or the Southern District of New York, because Trump is truly losing it. Hard to believe, but his tweets are getting crazier than ever and serious people are questioning his sanity.
This morning, Trump actually claimed that NBC doctored the video of his Lester Holt interview. Vice News:
Donald Trump is now claiming that his infamous May 2017 TV interview, seen by millions, in which he freely admits to firing former FBI Director James Comey because of the Russia probe is somehow fake.
Among a series of unglued tweets, Trump accused NBC anchor Lester Holt of “fudging” the tape that is reportedly being looked at by special counsel Robert Mueller as evidence of obstruction of justice.
Trump’s bizarre claim 16 months after the fact came amid a rant about fake news in which he again labeled reporters the “enemy of the people.” [….]
This is the first time Trump has questioned the veracity of the recording in the 476 days since the interview was first broadcast.
During the interview Trump said of Comey’s firing: “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’s attacks on the press are bearing fruit. CNBC: Man who echoed Trump attacks on the media is charged with threatening to kill Boston Globe employees over pro-press editorial.
A man was charged on Thursday with threatening to kill employees of the Boston Globe following the paper’s decision to coordinate a national response to President Donald Trump‘s attacks on the media, according to a release issued by the Justice Department.
In more than a dozen threatening phone calls to the newspaper, Robert Chain, 68, threatened to kill Globe employees and referred to the publication as “the enemy of the people,” according to the release. The threats started Aug. 10, the day the Globe announced that it would be coordinating editorials from papers around the country to “protect free press from Trump attacks.”
More than 300 publications published editorials on Aug. 16 as part of the project, according to a tally from the Globe. That day, Chain allegedly threatened to shoot Globe employees in the head, “later today, at 4 o’clock.”
Chain, of Encino, Calif., was arrested Thursday and eventually will be transferred to Boston. He is expected to appear in federal court in Los Angeles Thursday afternoon.
Here’s what Trump tweeted to his millions of cult followers this morning.
Earlier Thursday, Trump wrote in a post on Twitter that he could not “state strongly enough how totally dishonest much of the Media is.”
He signed off the tweet: “Enemy of the People!”
And Here are Chain’s words:
Last night The Washington Post published this piece about how much trouble Trump could be in and how unready he is to deal with it: ‘Winter is coming’: Allies fear Trump isn’t prepared for gathering legal storm.
President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges.
Within Trump’s orbit, there is consensus that his current legal team is not equipped to effectively navigate an onslaught of congressional demands, and there has been broad discussion about bringing on new lawyers experienced in white-collar defense and political scandals.
The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team if an impeachment battle or other fights with Congress emerge after the midterm elections, according to people familiar with the discussions.
Trump advisers also are discussing recruiting experienced legal firepower to the Office of White House Counsel, which is facing departures and has dwindled in size at a critical juncture. The office has about 25 lawyers now, down from roughly 35 earlier in the presidency, according to a White House official with direct knowledge.
Read the rest at the WaPo.
Yesterday Trump fired White House Counsel Don McGahn via Twitter, and this morning he’s tweeting responses to the news coverage.
Sure, dipshit. And now he’s admitting publicly that it was his decision to dump McGahn. Yesterday, he claimed McGahn was leaving voluntarily.
Exact timing aside, McGahn’s exit comes at a critical moment for Trump and the Republican Party. A blue wave could hand Democrats control of the House beginning in 2019, allowing them to initiate congressional investigations, issue subpoenas for information related to the president and his businesses, and begin impeachment proceedings. At the same time, McGahn’s departure is likely to set in motion a series of changes that will fundamentally alter Trump’s relationships with his White House legal team, the special counsel’s office, and his personal attorneys. Last summer, when the president asked McGahn to fire the special counsel, he reportedly threatened to resign. (McGahn’s likely successor, Clinton-impeachment alum Emmet Flood, is expected to be less cooperative with document requests. According to the Times, Flood recently contested a special counsel request to interview Chief of Staff John Kelly, citing the president’s executive privilege.)
The shake-up of the White House general counsel’s office may also precipitate more significant changes to Trump’s relationship with the Justice Department. A key point of tension between Trump and McGahn has been Jeff Sessions’s recusal from the Russia investigation last year, which McGahn reportedly failed to prevent and which Trump views as the “original sin” that set in motion the series of events leading to Mueller’s appointment. In recent weeks, Trump has revived his public attacks on his long-suffering attorney general, and has spoken with his personal lawyers about firing him, according to The Washington Post.
Meanwhile, what was once a largely unified wall of G.O.P. support for Sessions has begun to crack. While Majority Leader Mitch McConnell and other high-ranking lawmakers continue to stand by Sessions, others have seemingly resigned themselves to the inevitability of his firing. “Trump doesn’t like him,” Senator and Trump confidant Lindsey Graham told reporters Tuesday. “This relationship has soured, and I’m not blaming Jeff. It can’t go on like this.” Others have begun signaling that if Trump is to fire Sessions, it should at least wait until after the midterm elections, effectively endorsing an expiration date for the attorney general. “They’d do it before, but they’re worried about the effect it would have on the midterms themselves,” Senator Bob Corker told the Post. “It’s about the investigation, and I think the Mueller investigation ought to go on unimpeded.”
The combination of a new White House counsel and a new attorney general in charge of the Russia probe could pour gasoline on the already-fiery dynamic between president and special counsel. Ousting either man could look like further evidence of corrupt intent on the part of Trump, should Democrats ultimately pursue impeachment. More important, it could presage an aggressive new legal strategy by the president and his lawyers as Mueller’s investigation grinds toward a conclusion. Given that the midterms are just around the corner, avid watchers of the probe expect any new indictments to be issued by September 7—the 60-day mark before the elections—in order to avoid the appearance of partisanship.
That’s next Friday, and remember the Grand Jury on Fridays.
You have to read this piece at CNN by Trump biographer Michael D’Antonio and Peter Eisner: Mike Pence went to college and found God.
People who met Mike Pence at Hanover College say something happened there to change him. In the fall of 1977, when he arrived, Hanover was the kind of liberal arts school where young minds were gently opened by professors and classmates. Pence moved in the opposite direction there, becoming more rigid and doctrinaire as he studied for a history degree.
Eventually his faith led him to reject some friends and even regard his fiancée, Karen, as a sinner whom he would have to forgive in order to marry. These habits of mind, later revealed in his hostility to equality for gay people and even climate science, were formed when he was barely an adult.
Vespers was organized around songs and testimonies of faith. It offered community to students who were adjusting to the emotional challenge of leaving home. It also gave the guitar-playing Pence the opportunity to preach with the zeal of a new convert to right-wing Christianity. His schoolmate Linda Koon recalls a charismatic fellow who turned cruel when she failed to meet his definition of true faith.
“He was rigid, condescending and exclusionary,” Koon said in an interview. “You had to fit into his little pocket of Christianity, and I didn’t fit.”
Koon’s problem was that she couldn’t recount a dramatic come-to-Jesus tale of Christian conversion. “He acted like he had been struck by lightning,” she said. “I had just grown up in the Lutheran Church and had always been a Christian. That wasn’t good enough. He told me that wasn’t good enough, ‘God doesn’t want your kind.’
Head over to CNN to read the rest.
So . . . what stories have you been following?
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.
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.
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.
“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:
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.
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.’
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.
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?
Trump in Scotland
Trump is at his golf resort in Turnberry, Scotland, and protesters are out in force there as they were in England. The Guardian:
Trump and his wife Melania arrived in Scotland on board Air Force One on Friday evening, before travelling by motorcade to his Trump Turnberry resort in Ayrshire.
By lunchtime, about 50 protesters had congregated on Turnberry beach. Just before 2pm, the US president appeared on the golf course and waved at the gathering on the beach, to be met with booing and chants of “no Trump, no racist USA”. Meanwhile, close to 10,000 marchers were streaming through the streets of Edinburgh, ending up in the Meadows park to the south of the city centre, where families sat in the sunshine and enjoyed picnics, music and speeches from local activists….
Towards the back of the crowd, the six-metre Trump baby balloon was straining against its tethers in the wind. Organiser Leo Murray described how a crew of “babysitters” had travelled up from London overnight on the sleeper train to fly the blimp at Saturday’s protest.
Murray had originally hoped to fly the balloon, which depicts Trump as an angry baby wearing a nappy, at his Turnberry course, but Police Scotland denied permission on security grounds.
Nevertheless, a Greenpeace protester managed to breach the no-fly zone on a hang glider with a sign reading ““Trump: well below par #resist” (see photo at the top of this post). Thank you to the people of Scotland for standing in solidarity with the U.S. resistance. I’m proud of my Scottish heritage today.
And while we’re talking about Trump’s Scottish golf course, be sure to check out this piece by Adam Davidson at The New Yorker: Where Did Donald Trump Get Two Hundred Million Dollars to Buy His Money-Losing Scottish Golf Club?
Between meeting the Queen of England and Vladimir Putin, President Trump will spend this weekend at Turnberry, the golf course he bought in 2014 and rechristened Trump Turnberry. This property has not received the attention it deserves. It is, by far, the biggest investment the Trump Organization has made in years. It is so much bigger than his other recent projects that it would not be unreasonable to describe the Trump Organization as, at its core, a manager of a money-losing Scottish golf course that is kept afloat with funds from licensing fees and decades-old real-estate projects.
No doubt, the President will be excited to visit. After buying the property for more than sixty million dollars, he then spent a reported hundred and fifty million pounds—about two hundred million dollars total—remaking the site, adding a new course, rehabbing an old one, and fixing up the lodgings. It is possible, though, that he will have some harsh words for his staff. The Turnberry has been losing an astonishing amount of money, including twenty-three million dollars in 2016. The Trump Organization argued that these losses were the result of being closed for several months for repair. However, revenue for the months it was open were so low—about $1.5 million per month—that it is hard to understand how the property will ever become profitable, let alone so successful that it will pay back nearly three hundred million dollars in investment and losses….
President Trump has proclaimed himself the “king of debt,” a proud master of “doing things with other people’s money.” So it was quite surprising when Jonathan O’Connell, David A. Fahrenthold, and Jack Gillum revealed in a Washington Post story in May that Trump had abruptly shifted strategies and begun spending hundreds of millions of dollars in cash to fund projects. In the nine years before he ran for President, the Post reported, the Trump Organization spent more than four hundred million dollars in cash on new properties—including fourteen transactions paid in full. In fifteen years, he bought twelve golf courses (ten in the U.S., one in Ireland, and a smaller one in Scotland), several homes, and a winery and estate in Virginia, and he paid for his forty-million-dollar share of the cost of building the Trump Hotel in Washington, D.C.—a property leased to Trump by the U.S. government. But his largest cash purchase was the Turnberry, followed by tens of millions of dollars in additional cash outlays for rehabbing the property.
Read the rest at The New Yorker.
Trump meets Queen Elizabeth
Yesterday, just as Rod Rosenstein was preparing to announce indictments of the 12 Russians who were responsible for hacking the DNC, DCCC, and Clinton campaign email servers and disseminating embarrassing information designed to hurt Hillary and help Trump during the 2016 election, Donald Trump was meeting with the Queen of England. And he managed to turn that into a clusterfuck just as he has everything else on his disastrous European trip.
The Washington Post: ‘Did Donald Trump just WALK IN FRONT OF THE QUEEN?’
It’s generally quite difficult to upstage the queen of England, but President Trump might have managed to do so.
Trump and Queen Elizabeth II met Friday as part of his working visit to the United Kingdom….
Trump’s walk with the queen during an inspection of guardsmen quickly became a hot topic.
Described as “cringeworthy” and “uncomfortable” viewing on social media, footage of their walk together came under intense scrutiny. While touring the castle grounds, Trump maintained a relatively brisk walk, which saw the queen, at times, fall behind him as he led the way.
At one point, the queen can be seen gesturing to Trump, although it’s unclear what exactly she may have been referring to. On social media, some speculated that Trump was being instructed on which side of her he should walk.
If that was the case, the president didn’t grasp the message.
The Trumps also arrived late for tea, making the Queen wait, and they did not bow or curtsy when they met her. That’s considered optional, but most people don’t opt to simply shake hands as the Trumps did. At least Trump didn’t do his vise grip and pull handshake with her. Then the Queen gave the Trumps the bum’s rush, ending the meeting after about half an hour.
Trump is a crude, crass, and classless pig. What an embarrassment that he is “president.” The Russians got exactly what they wanted. By contrast, the Obama’s got the full royal treatment.
Two great reads on the Mueller indictment released yesterday
Dan Friedman at Mother Jones: Mueller’s Indictment of 12 Russian Spies is Very Bad for Trump.
Special counsel Robert Mueller on Friday obtained an indictment of 12 members of a Russian military intelligence agency for hacking Democratic party emails during the 2016 election—a rebuke to President Trump, who has refused to fully acknowledge Russia’s election interference, just three days before his planned meeting with Russian President Vladimir Putin in Finland.
The indictment, announced Friday by Deputy Attorney General Rod Rosenstein, will probably not lead to immediate prosecutions—it doesn’t accuse any Americans of crimes, as the White House was quick to point out, and it’s unlikely that Russia will allow extradition of its own officials—but the charges are still a big deal in the Trump-Russia investigation and they offer extensive new details on how the Russian hacking effort actually worked.
Click on the link to read the “key takeaways.”
Emptywheel: The Russian Hack.
Mueller’s team just announced (and announced the transfer, as I predicted) of the Russian hack indictment, naming 12 GRU officers for the hack of the Hillary campaign, the DNC, and the DCCC. This will be a working thread.
Rod Rosenstein, as he did with the Internet Research Agency, made clear there are no Americans named in this indictment (and that those who interacted with Guccifer 2.0 and DC Leaks did not know they were interacting with Russians). That said, here are some of the interesting nods in it.
Again, click on the link to read the “interesting nods.” and Emptywheel’s timeline.
Trump’s Immigration Mess
A senior White House official, Jennifer Arangio, was fired Thursday and escorted from her office, ending a turbulent tenure that saw her clashing with President Donald Trump’s most hard-line advisors over human rights and refugee issues, according to several current and former U.S. officials.
The officials said Arangio, a senior director for international organizations and alliances at the National Security Council, had fallen out of favor with Trump aide Stephen Miller over the number of refugees who should be allowed to enter the United States.
She had also sparred with Miller over continuing U.S. participation in international negotiations on a global migration compact, insisting that the United States could better shape international policies on migration from inside the tent.
She lost the argument, but Miller remained embittered by the rift, the officials said. When Arangio sought his endorsement for a position in the State Department, he refused to take a meeting with her.
Adding to the tension, Arangio had defended the State Department’s embattled refugee bureau amid campaigns by other top Trump aides to dismantle or defund it — efforts that were ultimately rebuffed by Congress.
“This is a disaster for the bureau,” one State Department official said. “She is really a good ally.”
Have your handkerchiefs ready for this one at The New York Times: Cleaning Toilets, Following Rules: A Migrant Child’s Days in Detention.
Do not misbehave. Do not sit on the floor. Do not share your food. Do not use nicknames. Also, it is best not to cry. Doing so might hurt your case.
Lights out by 9 p.m. and lights on at dawn, after which make your bed according to the step-by-step instructions posted on the wall. Wash and mop the bathroom, scrubbing the sinks and toilets. Then it is time to form a line for the walk to breakfast.
“You had to get in line for everything,” recalled Leticia, a girl from Guatemala.
Small, slight and with long black hair, Leticia was separated from her mother after they illegally crossed the border in late May. She was sent to a shelter in South Texas — one of more than 100 government-contracted detention facilities for migrant children around the country that are a rough blend of boarding school, day care center and medium security lockup. They are reserved for the likes of Leticia, 12, and her brother, Walter, 10.
The facility’s list of no-no’s also included this: Do not touch another child, even if that child is your hermanito or hermanita — your little brother or sister.
Leticia had hoped to give her little brother a reassuring hug. But “they told me I couldn’t touch him,” she recalled.
This is a must read, even though the stories of these children are heartbreaking. Trump and his minions must be held accountable for this outrage.