I would love to know who is leaking info about Michael Flynn. Apparently Flynn reached out to Florida Rep. Matt Gaetz while he was supposedly cooperating with the Mueller investigation.
While he was cooperating with special counsel Robert Mueller’s investigation, former Trump national security adviser Michael Flynn contacted at least one member of Congress who was publicly criticizing the special counsel probe, according to messages obtained by CNN.
Flynn sent Twitter direct messages to Rep. Matt Gaetz, encouraging the Florida Republican to “keep the pressure on.” It’s not clear if Flynn sent additional messages to other lawmakers.
“You stay on top of what you’re doing. Your leadership is so vital for our country now. Keep the pressure on,” Flynn wrote in an April 2018 message to Gaetz, which was obtained by CNN.
On the evening Flynn sent the message to Gaetz, the lawmaker had appeared on Fox Business’ “Lou Dobbs Tonight,” where he criticized the Mueller investigation.
“We’ve got to play a far stronger role in exposing the hypocrisy at the Department of Justice,” Gaetz said in the April 3, 2018, appearance. “With no evidence of collusion, with no evidence of any crime whatsoever, they unleashed Bob Mueller to go investigate things that happened before Donald Trump was even contemplating running for president.”
That same hour, Flynn sent Gaetz the direct message.
Gaetz also received a message in February of this year. On the day that Attorney General William Barr was confirmed, Flynn sent Gaetz GIFs of a bald eagle and an American flag, without any accompanying text.
Flynn is still “cooperating,” and he hasn’t been sentenced yet. As Dakinikat wrote yesterday, new information has been revealed by order of the judge in Flynn’s case Emmet Sullivan. Did the DOJ leak the incriminating info about Flynn contacting Gaetz in response to the new Mueller report info to make Flynn look bad? I wonder what Judge Sullivan will have to say about this?
There’s also this Devin Nunes tweet from 2016:
Here’s another interesting story I missed from a couple of days ago. This one is about Felix Sater, who was involved with Trump for years and, along with Michael Cohen working on the Trump Tower Moscow project.
Natasha Bertrand at Politico: Judge confirms Trump associate gave feds Osama bin Laden’s number.
A federal judge has confirmed for the first time that Felix Sater, a former Donald Trump business associate who drove Trump Tower Moscow negotiations during the 2016 election, helped the U.S. government track down Osama bin Laden.
During a hearing on Thursday in the Eastern District of New York — held as part of a lawsuit brought by First Look Media to unseal records related to Sater’s longtime cooperation with the government on various national security issues — Judge I. Leo Glasser said the media group already knew all of the “very interesting and dangerous things” Sater had done through his decade as an FBI informant.
“He cooperated,” Glasser said. “And you know what he did over the 10, 11 years, because you told me that you know. He provided the telephone number of Osama bin Laden. He has done an awful lot of very interesting and dangerous things.”
The detail is just another bizarre side plot that has emerged over the two-plus years that federal investigators, lawmakers and journalists have tried to uncover every detail about possible interactions between the Trump campaign and Russian intermediaries during the 2016 election. The probes have put spotlights on a cast of figures in Trump’s extended orbit, many of whom possess unusual backgrounds.
Trump’s “Roy Cohn” AKA Cover-Up General Bill Barr appeared on state TV on Friday to publicly trash the investigation into Russia’s interference in our elections.
Charlie Savage at The New York Times: Barr Again Casts Doubt on Russia Inquiry’s Origins, Aligning With Trump’s Attacks.
When Attorney General William P. Barr described the early stages of the Russia investigation as “spying” on the Trump campaign, he prompted questions about whether he had used that word spontaneously — or whether he was deliberately fueling conspiracy theories.
That question flared anew on Friday after Mr. Barr went even further in casting doubt on the legitimacy of the investigation in two interviews that, by design or coincidence, provided fresh ammunition for President Trump and allies to attack law enforcement and intelligence agencies.
Mr. Barr told Fox News he had been asking whether “government officials abused their power and put their thumb on the scale” in opening the Russia inquiry. “A lot of the answers have been inadequate and some of the explanations I’ve gotten don’t hang together,” he added.
And he doubled down on the innuendo-laden formulation he used in congressional testimony last month, telling The Wall Street Journal, “Government power was used to spy on American citizens.”
The statements were the latest in a series of actions and comments by Mr. Barr expressing skepticism about how the F.B.I. began investigating during the 2016 presidential campaign whether any Trump associates conspired with Russia’s election interference. The attorney general has appointed a federal prosecutor to review aspects of the investigation, rather than await the results of an independent inspector general inquiry due in the coming weeks, and he has invoked the term “spying” on multiple occasions.
Are we stuck with Joe Biden as the 2020 Democratic nominee for president? The media in general seems to believe he’s the anointed one. But anointed by whom? Obama hasn’t endorsed him. Who really wants this guy to be POTUS?
Jill Filipovic at The New York Times: Does Anyone Actually Want Joe Biden to Be President?
The most important requirement for the Democratic Party’s presidential nominee? Electability. It matters more, we keep hearing, than nominating a candidate who has good policies. It matters more than nominating a candidate with a track record of passing progressive legislation. It certainly matters more than nominating a candidate who could be the first female president.
Unfortunately, very few people who say they are putting electability first seem to understand what “electability” means, or what today’s electorate actually looks like.
Case in point: In a field crowded with nearly two dozen candidates, no answer to the electability question is offered more regularly and with more conviction than “Joe Biden.”
Mr. Biden, whose campaign officially kicks of this Saturday in Philadelphia, is the kind of guy you could see sitting behind a big desk, acting as a wise custodian of our democracy without posing any threat of changing much. He is from one of those scrappy Rust Belt cities fetishized by so many pundits — people who believe that the imaginary working-class white voter who is going to deliver the White House to the Democrats wants Joe Biden, which is what, in turn, makes Joe Biden electable.
But what about the rest of us–Democrats who aren’t white males living in the rust belt? What about women who still dream of a women president in their lifetimes? We don’t count when it comes to “electability” supposedly. Read more at the NYT.
Now, with Obama’s blessing if not his formal endorsement, Biden has sought the presidency himself for the third time in 30 years, and this time, he’s enjoying a solid and in some case growing lead over a historically huge field of Democratic contenders. The backbone of his support comes from the most reliable and one of the most coveted Democratic primary voting blocs: African-Americans.
Most of the cable news commentary has approached this fact with the condescending assertion that Biden’s black support is mostly due to name recognition and his proximity to Obama. Some have suggested that older black voters, who are traditionally more moderate, may be attracted to his centrism.
But these hot takes overlook something less tangible and quantifiable: how much the sincere, integrated friendship of Biden and Obama (and their families) was cathartic and inspirational. It was the personification of the post-racial utopia some hoped Obama’s election victories would deliver but never did, and probably never could.
Their platonic bromance provided comfort during the confounding period when Obama’s popularity seemed to grow simultaneously with the rise and improbable election of a man who championed a racist campaign to discredit him.
Howard suggests that Biden could loose African American support as the campaign goes on. He doesn’t specifically address the attitudes of black women or provide any evidence for his arguments. The piece is based on his own personal opinions. I guess we’re just going to have to wait and see.
I’ll end with this article at The Washington Post on Nevada, where women are now in control of the legislature: Where women call the shots.
She didn’t plan to say it. Yvanna Cancela, a newly elected Democrat in the Nevada Senate, didn’t want to “sound crass.” But when a Republican colleague defended a century-old law requiring doctors to ask women seeking abortions whether they’re married, Cancela couldn’t help firing back.
“A man is not asked his marital status before he gets a vasectomy,” she countered — and the packed hearing room fell silent.
Since Nevada seated the nation’s first majority-female state legislature in January, the male old guard has been shaken up by the perspectives of female lawmakers. Bills prioritizing women’s health and safety have soared to the top of the agenda. Mounting reports of sexual harassment have led one male lawmaker to resign. And policy debates long dominated by men, including prison reform and gun safety, are yielding to female voices.
Cancela, 32, is part of the wave of women elected by both parties in November, many of them younger than 40. Today, women hold the majority with 23 seats in the Assembly and 10 in the Senate, or a combined 52 percent.
No other legislature has achieved that milestone in U.S. history. Only Colorado comes close, with women constituting 47 percent of its legislators. In Congress, just one in four lawmakers is a woman. And in Alabama, which just enacted an almost complete ban on abortion, women make up just 15 percent of lawmakers.
The female majority is having a huge effect: More than 17 pending bills deal with sexual assault, sex trafficking and sexual misconduct, with some measures aimed at making it easier to prosecute offenders. Bills to ban child marriage and examine the causes of maternal mortality are also on the docket.
Read the rest at the WaPo.
So . . . what else is happening? What stories are you following today?
The Barr cover-up report reportedly will go public sometime today. The schedule is vague. At 9:30, Cover-Up General Barr plans to give a “press conference” about a report that no one except unknown DOJ officials and White House lawyers have read.
Yes, according the NYT, the White House has been briefed and very likely has had the full report for some time. In addition, DOJ attorneys have been helping the White House prepare their counter-report!
The New York Times: White House and Justice Dept. Officials Discussed Mueller Report Before Release.
Not all of Robert S. Mueller III’s findings will be news to President Trump when they are released Thursday.
Justice Department officials have had numerous conversations with White House lawyers about the conclusions made by Mr. Mueller, the special counsel, in recent days, according to people with knowledge of the discussions. The talks have aided the president’s legal team as it prepares a rebuttal to the report and strategizes for the coming public war over its findings.
A sense of paranoia was taking hold among some of Mr. Trump’s aides, some of whom fear his backlash more than the findings themselves, the people said. The report might make clear which of Mr. Trump’s current and former advisers spoke to the special counsel, how much they said and how much damage they did to the president — providing a kind of road map for retaliation.
Reporters should use the “press conference” to ask Barr about his past cover-ups, his connections to Russia, his conflicts of interest, and his general corruption. They won’t, of course. They also should not refer to whatever redacted mess the Cover-Up General releases as the Mueller Report, but of course they will do just that.
We have to keep reminding ourselves that it’s not the Mueller report; it’s the Barr report. If Robert Mueller wanted to endorse Barr’s cover-up, he would be appearing at the “press conference.” But his isn’t going to be there. Mueller has been muzzled.
Tom Scocca at Hmm Daily: It’s the Barr Report, Not the Mueller Report.
What could inspire more hope and despair than a whole bunch of people who messed something up being granted a do-over? Tomorrow, all the reporters and publications who gave Donald Trump his “MUELLER FINDS NO COLLUSION” headlines, based on a few sentence fragments in a letter from attorney general William Barr, are supposed to get another document to analyze and quickly write headlines about.
Already, journalists are calling this document “the Mueller report.” It is not the Mueller report; that is, it will not be the report prepared by the special counsel investigating Russian election interference and the Trump campaign. It will be some other document. Its text, like the quotes used in the Barr letter, will be based on the text of the Mueller report, but it will have been edited down for release by William Barr, whose implicit and explicit theory of his job duties is that he is there to protect the president.
This isn’t speculation. It’s a description of what’s publicly known about the process, informed by Barr’s prior work with the Mueller report, his written record of his own thoughts on presidential immunity, and his history as a middleman in previous scandal coverage. Barr is a partisan, not a broker of facts, and it is a basic reporting error to treat material that’s passed through his control as definitive—a basic reporting error that major media outlets eagerly made, last time around.
The Daily Beast: Mueller Report Rollout Won’t Have Mueller.
The Justice Department will hold a press conference Thursday morning about the release of Special Counsel Robert Mueller’s report—but Mueller won’t be there and the document may not be released until after Attorney General William Barr speaks about the nearly 400 pages he went through to redact.
“They are making Al Capone look straight,” one committee member told The Daily Beast.
House Judiciary Chairman Jerry Nadler ripped Barr’s plan to speak about the report before lawmakers, the media and public have a chance to review it.
“Rather than letting the facts of the report speak for themselves, the attorney general has taken unprecedented steps to spin Mueller’s nearly two-year investigation,” Nadler said at a press conference on Wednesday night.
“The Attorney General appears to be waging a media campaign on behalf of President Trump, the very subject of the investigation at the heart of the Mueller report,” he added.
If the report is heavily redacted, Nadler said, “we will most certainly issue the subpoenas in very short order.” He said they “will probably find it useful” to ask Mueller and members of his team to testify.
Just send out the subpoenas as soon as you get the report. No more fooling around.
Axios insists on calling the Barr Report “the Mueller Report.”
Mueller witnesses and their lawyers say that they expect the special counsel’s report to include a mass of detailed scenes in which President Trump lashed out about Mueller, Jeff Sessions, Rod Rosenstein and the FBI.
The big picture: They believe that if Mueller’s report presents the material in the same relentlessly detailed way as his prosecutors asked the questions, the accumulation could lead a casual observer to think that the president tried to obstruct justice.
Some folks are beginning to catch on to the “Cover-Up General” Bill Barr. I’ve been writing about this for the past couple of weeks. Barr did what even Jeff Sessions wasn’t corrupt enough to do. He shut down the Russia investigation and now he’s stalling for time in order to keep the American people from learning what Robert Mueller found about Donald Trump, his crime family, and his evil goons.
Barr knows how to shut down an investigation and cover up the results. Way back in 1992, The New York Times’s William Safire raged in column after column against Barr’s cover-up of the Iraq-gate scandal, but Barr won in the end by getting George H.W. Bush to pardon the top conspirators.
Read a recap of the scandal and Barr’s victory in The Los Angeles Times, Oct. 27, 1992: Iraqgate–A Case Study of a Big Story With Little Impact. Bush had illegally armed Saddam Hussein from 1986 and 1990. He handed Hussein “the very weapons he later used against American and allied forces in the Persian Gulf War.”
Bill Barr shut down both Iran Contra and Iraqgate by shutting the investigation down, first refusing to appoint a special prosecutor for Iraqgate and then recommending the pardons of the top Iran Contra officials.
NPR, Jan. 14, 2019: William Barr Supported Pardons In An Earlier D.C. ‘Witch Hunt’: Iran-Contra.
Barr….ran the Justice Department once before, under President George H.W. Bush.
Back then, the all-consuming, years-long scandal was called Iran-Contra. On Dec. 24, 1992, it ended when Bush pardoned six people who had been caught up in it.
“The Constitution is quite clear on the powers of the president and sometimes the president has to make a very difficult call,” Bush said then. “That’s what I’ve done.”
Then-Attorney General Barr supported the president’s decision in the Iran-Contra case, which gave clemency to people who had been officials in the administration of President Ronald Reagan, including former Defense Secretary Caspar Weinberger. He had been set to go on trial to face charges about lying to Congress.
To the man who led the Iran-Contra investigation, however, the pardons represented a miscarriage of justice.
“It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences,” said Lawrence Walsh, the independent prosecutor in the case, at the time of the pardons.
Barr said later that he believed Bush had made the right decision and that he felt people in the case had been treated unfairly.
“The big ones — obviously, the Iran-Contra ones — I certainly did not oppose any of them,” Barr said as part of the Presidential Oral History Program of the Miller Center at the University of Virginia.
The most significant single act of Barr’s career in the Department of Justice was to advise President George H.W. Bush to pardon six officials from Ronald Reagan’s administration, including Secretary of Defense Caspar Weinberger, for crimes associated with the Iran-Contra affair. At the time, Barr was — you guessed it — attorney general. His recommendation gave Bush the cover he needed to issue the pardons.
And Bush needed the cover. The investigation led by independent prosecutor Lawrence Walsh was closing in on the president himself. Walsh had demanded that Bush turn over a campaign diary that he kept in 1986. Bush failed to do so, presumably because the diary showed he knew more about Iran-Contra than he had let on. Walsh publicly condemned Bush’s failure to produce the diary as “misconduct” by the sitting president.
Issuing the pardons killed Walsh’s investigation — and saved Bush. When the targets of the investigation were off the hook, Walsh had no leverage to continue.
Don’t take my word for it. When the pardons came, Walsh went on ABC’s “Nightline” and said that Bush had “succeeded in a sort of Saturday Night Massacre.” The comparison was intended. Walsh was saying that Bush had saved himself by effectively ending an investigation that was leading to the Oval Office — the aim that Nixon failed to accomplish when he fired Watergate special prosecutor Archibald Cox.
Leaving little to the imagination, Walsh also said at the time that he had “evidence of a conspiracy among the highest ranking Reagan administration officials to lie to Congress and the American public.”
The architect of this pardon strategy was Barr. In an oral history interview he gave in 2001, Barr said he didn’t consult with the pardon office at his own Department of Justice, which was playing its “usual role — naysayers” against issuing pardons.
Instead, Barr said he spoke to “some seasoned professionals” at Justice. Then, “based on those discussions, I went over and told the President I thought he should not only pardon Caspar Weinberger, but while he was at it, he should pardon about five others.”
Read more of Barr’s corrupt history in this piece by Lloyd Green at The Guardian from March 25, 2019: William Barr: attorney general plays Republican spear-catcher again. From the article, some examples of Barr’s obfuscation techniques:
House Democrats demanded Barr appoint an independent counsel to investigate the sins of the Bush administration. They were rebuffed. In a letter to the House judiciary committee, Barr tossed around such phrases as “not a crime”, “simply not criminal in any way”, “nothing illegal”, and “far from being a crime.”
As to the separate question of whether administration officials deliberately altered commerce department documents in an effort to conceal military sales to Iraq and purposely misled Congress about Iraq policy, Barr contended the Department of Justice was up to that task.
He wrote: “These are the kinds of allegations that are routinely investigated by the Public Integrity Section and there is no conflict of interest that precluded their handling these matters in the normal course.” [….]
From the looks of things, Trump has the attorney general of his dreams. Like the supreme court justice Brett Kavanaugh, Barr is a loyal conservative who comes with a Bush family seal of approval. For this president, it doesn’t get better than that.
Fortunately, this time we have more engaged House members than in 1992. Let’s hope they’ve researched Cover-Up General Barr’s history and are ready to fight back. We have to stand with Adam Schiff.
Two more relevant reads:
The Washington Post: Sally Yates: William Barr should release the full Mueller report as soon as possible.
America’s justice system is built upon one thing — truth. When witnesses give testimony, they are sworn to tell “the truth, the whole truth, and nothing but the truth.” The word “verdict” derives from the Latin term “veredictum,” meaning “to say the truth.” Special counsel Robert S. Mueller III, a public servant with impeccable integrity, was entrusted to find the truth regarding Russian interference in the 2016 election and has spoken through a comprehensive report that details the facts that he uncovered.
Yet a week after Mueller issued his report, we don’t know those facts and have only been provided with Attorney General William P. Barr’s four-page summary of Mueller’s estimated 400-page report. It is time for the American people to hear the whole truth. We need to see the report itself.
First, as the attorney general’s letter to Congress notes, the Mueller report “outlines the Russian effort to influence the election and documents crimes committed by persons associated with the Russian government in connection with those efforts.” Congress has a solemn responsibility to protect our democracy. Without access to the full factual record of what the special counsel uncovered, it cannot fulfill that mandate. As you read this, the Russian government is undoubtedly hard at work to undermine our next election. Each day that passes without Congress having access to the full Mueller report is a day that Congress is prevented from doing its job of keeping our elections free from Russian espionage efforts.
Second, Barr’s letter leaves important questions unanswered concerning what then-candidate Donald Trump and his associates knew about Russian interference, and how they responded to Russian overtures to assist the campaign. While Barr’s letter states that the investigation did not establish that the campaign reached an agreement with the Russian government to take actions to impact the election in Trump’s favor, it reveals that the campaign did field “multiple offers from Russian-affiliated individuals to assist the Trump campaign.” Yet President Trump and others have repeatedly claimed that they had no contact with Russians, or knowledge that Russians were acting to assist his campaign.
Read the rest at the WaPo.
David Corn at Mother Jones: Here’s the Real Trump-Russia Hoax.
Two fundamental facts were established long before Mueller completed his investigation. First, the Russians attacked an American election in order to sow chaos, hurt Hillary Clinton, and help Donald Trump. Second, Trump and his top advisers during the campaign repeatedly denied this attack was underway, echoing and amplifying Moscow disinformation (the false claim that Russia was not attacking). Whether or not the Trumpers were directly in cahoots with the Russian government, they ran interference for Vladimir Putin’s assault on the United States, and they even did so after the intelligence community had briefed Trump on Russia’s culpability.
So to determine if the Barr triumphalists are acting in good faith, you need only ask them a simple question: do you accept these basic facts and acknowledge the profound seriousness of each one?
The Russian attack on the 2016 election was an attempt to subvert the foundation of American society: the democratic process. How can Americans have faith in their government, if elections are undermined by secret schemers, including a foreign government? It is certainly arguable that the Russian intervention—particularly the stealing and drip-drip-drip dumping of the John Podesta emails across the final four weeks of the election—was one of several decisive factors in a contest that had a narrow and tight finish. Consequently, there is a strong case that Moscow helped shift the course of US history by contributing to the election of Trump….
During the campaign and afterward, some Trump backers and some critics on the left, including columnist and media scold Glenn Greenwald, questioned whether the Russians indeed engaged in such skulduggery. (The Nation, where I once worked, published an articlepromoting a report that claimed the Russians did not hack the Democratic National Committee—and then had to backtrack when that report turned out to be bunk.)
For many of these scandal skeptics, it hasn’t seemed to matter that the charge against Moscow has been publicly confirmed by the Obama administration, the US intelligence community (which concluded that Putin’s operation intended to help Trump), both Republicans and Democrats on the congressional intelligence committees, and Robert Mueller, who indicted a mess of Russians for participating in this covert operation. True, there often is cause to question officialdom and government sources. Yet anyone citing the Mueller report, as it is narrowly capsulized by Barr, must also accept his key finding: Russia attacked the United States and intervened in the election. (They must also accept that, as the Barr letter disclosed, Mueller found evidence suggesting Trump obstructed justice but did not reach a final judgment on this question.)
That’s it for me. What else is happening? What stories have you been following?
It’s March 2, but winter is still hanging on. It’s snowing here in the Boston area, and we expect several more inches on top of what we got earlier this week. It’s also supposed to snow again tomorrow night. I guess that’s going to come from this major cross-country storm.
A major, fast-moving winter storm is racing across the country this weekend, bringing forecasts of heavy snow from California to New England and threats of heavy rain and severe thunderstorms along the 2,500-mile path….
In parts of the Midwest, the snow — falling at up to 1 or 2 inches per hour — could pile up fast enough to strand motorists along major highways, AccuWeather warns.
Sections of Pennsylvania, New York and northern and western New England could see up to a foot of snow.
The National Weather Service issued winter storm warnings Saturday for parts of Colorado, northern New Mexico, southern Wyoming and much of Kansas.
Snow was expected to move into the Central Rockies on Saturday and develop over parts of the Northern and Central Plains by Saturday evening, the NWS says. The snow will expand into parts of the Southern Plains and Middle Mississippi Valley overnight as it rolls eastward.
We didn’t get any new indictments from Robert Mueller yesterday, but there’s still quite a bit of Russia investigation news.
Roger Stone apparently failed to tell Judge Amy Berman Jackson that he has a book coming out that may violate his gag order. Late last night she ordered him to explain WTF is going on.
The Washington Post: Judge orders Roger Stone to explain imminent release of book that may violate gag order.
Republican operative and longtime Trump friend Roger Stone faced fresh legal trouble Friday after a federal judge ordered his attorneys to explain why they failed to tell her before now about the imminent publication of a book that could violate his gag order by potentially criticizing the judge or prosecutors with special counsel Robert S. Mueller III.
The order by U.S. District Judge Amy Berman Jackson of the District of Columbia late Friday came barely eight days after Jackson barred Stone from speaking publicly about his case, prompted by a photo posted on Stone’s Instagram account that placed a crosshairs next to a photo of Jackson’s head….
In the new controversy, Jackson, in a brief order posted on the court’s electronic docket after office hours Friday, said she was allowing Stone’s defense team to file under seal a motion apparently to clarify the court’s gag order and an unspecified accompanying exhibit, and ordered a court clerk to make public Stone’s request.
But Jackson also ordered Stone’s attorneys to explain by Monday why they waited until now in making that request to disclose the “imminent general rel[e]ase” of a book, which Jackson said “was known to the defendant.” [….]
On Jan. 16, Stone announced via Instagram that he would be publishing a book titled “The Myth of Russian Collusion: The Inside Story of How Trump Really Won.” He included an image of the book cover. At the time, a source familiar with the publication plans told The Washington Post that the book consisted of a new introduction attached to a previous book that Stone had written about the 2016 presidential campaign. On Feb. 15, he announced via Instagram that the book would be published March 1, and he accompanied the post with hashtags such as #noconspiracy and #norussiancollusion.
According to Bloomberg, this may be an updated version of a 2017 Stone book.
At Buzzfeed News, Zoe Tillman writes about Paul Manafort’s latest sentencing memo: Paul Manafort Didn’t Just Ask For Less Prison Time In His Latest Court Filings — He’s Attacking Mueller Too.
Former Trump campaign chair Paul Manafort on Friday continued to attack special counsel Robert Mueller, accusing Mueller’s office of not only vilifying him, but also of “spreading misinformation.”
Manafort and his lawyers have used pre-sentencing memos not only to lobby for a lower prison sentence, but also to criticize the special counsel’s office — something they’ve had limited opportunities to do, given a gag order imposed early on. In a sentencing memo filed Friday in Manafort’s case in federal court in Virginia, his lawyers wrote that Mueller had unfairly impugned Manafort’s character.
“The Special Counsel’s attempt to vilify Mr. Manafort as a lifelong and irredeemable felon is beyond the pale and grossly overstates the facts before this Court,” Manafort’s lawyers wrote. “The Special Counsel’s conduct comes as no surprise, and falls within the government’s pattern of spreading misinformation about Mr. Manafort to impugn his character in a manner that this country has not experienced in decades.”
Manafort’s lawyers repeated their claim that Mueller pursued Manafort for crimes largely unrelated to his work on President Donald Trump’s campaign in order to pressure Manafort to flip on the president. Political and legal pundits have speculated that Manafort is angling for a pardon; Trump in November told the New York Post that a pardon for Manafort was not “off the table.”
“The Special Counsel’s strategy in bringing charges against Mr. Manafort had nothing to do with the Special Counsel’s core mandate — Russian collusion — but was instead designed to ‘tighten the screws’ in an effort to compel Mr. Manafort to cooperate and provide incriminating information about others,” his lawyers wrote, quoting language Manafort’s judge in Virginia, US District Judge T.S. Ellis III, had previously used to question the special counsel’s office’s motivations.
Manafort is due for sentencing in the US District Court for the Eastern District of Virginia on March 7. Earlier this month, Mueller’s office said in a sentencing memo that it believed Manafort should face a sentencing range of between 19.5 to 24 years in prison. It also wrote that Manafort’s penalty could include a fine of up to $24 million.
Lock him up!
At The New York Times, John Dean has suggestions for Michael Cohen: John Dean: I Testified Against Nixon. Here’s My Advice for Michael Cohen.
There are several parallels between my testimony before Congress in 1973, about President Richard Nixon and his White House, and Michael Cohen’s testimony this week about President Trump and his business practices. Setting aside the differences regarding how we got there, we both found ourselves speaking before Congress, in multiple open and closed venues, about criminal conduct of a sitting president of the United States. This is not a pleasant place to be, particularly given the presidents involved.
There are some differences: Unlike Mr. Cohen, who testified in public for a day, I testified for five days. His prepared statement was about 4,000 words; mine was some 60,000 words. Nielsen reports over 16 million people watched his testimony. I am told over 80 million people watched all or part of mine….
Mr. Cohen should understand that if Mr. Trump is removed from office, or defeated in 2020, in part because of his testimony, he will be reminded of it for the rest of his life. He will be blamed by Republicans but appreciated by Democrats. If he achieves anything short of discovering the cure for cancer, he will always live in this pigeonhole. How do I know this? I am still dealing with it.
Just as Mr. Nixon had his admirers and apologists, so it is with Mr. Trump. Some of these people will forever be rewriting history, and they will try to rewrite it at Mr. Cohen’s expense. They will put words in his mouth that he never spoke. They will place him at events at which he wasn’t present and locations where he has never been. Some have tried rewriting my life, and they will rewrite his, too.
There’s much more at the link.
This isn’t a Mueller case, but it could be related: Chelsea Manning has been subpoenaed. Politico: Chelsea Manning fights grand jury subpoena seen as linked to Assange.
Lawyers for convicted WikiLeaks source Chelsea Manning are asking a federal court to block a grand jury subpoena she received in what her supporters believe is a federal investigation into WikiLeaks founder Julian Assange.
Manning’s attorneys filed the motion Friday morning in U.S. District Court in Alexandria, Va., a spokesperson for Manning said. The motion was put under seal and no information about it was immediately available from the court clerk’s office.
The subpoena sent to Manning in January does not specify any crimes or particular investigation, but it was issued at the request of a federal prosecutor assigned to handle the fallout from an error that led to the disclosure late last year of the strongest indication so far that Assange is the subject of sealed criminal charges in the U.S.
In a statement Friday, Manning blasted the process and said she plans to fight the subpoena, which was first reported by The New York Times.
The rest of the article is mostly whining from Manning and her attorneys. Frankly, I don’t see why should shouldn’t be willing to testify. Another former Julian Assange associate has done so.
Kevin Poulsen at The Daily Beast: WikiLeaks Veteran: I ‘Cooperated’ With Feds ‘in Exchange for Immunity.’
Chelsea Manning isn’t alone.
Late Thursday, Manning revealed that she’s fighting a subpoena to testify before a grand jury that’s been investigating Julian Assange for nearly nine years. But Manning isn’t the only one being dragged into the aging probe of WikiLeaks’ first big haul. A former WikiLeaks volunteer who was also personal friends with Manning was subpoenaed last May. But unlike Manning, he did not fight the subpoena. He accepted an immunity deal offered by prosecutors….
Manning’s subpoena is the latest surge of action in an old case given new life under the Trump administration. Though the paperwork doesn’t specify what she’s expected to testify about, a case number is visible at the top of the page. It’s the known case number for a grand jury probe into WikiLeaks that began nine years ago in the middle of Assange’s dump of the hundreds of thousand of diplomatic cables and Army field reports leaked to him by Manning.
The existence of case 10GJ3793 first became public in early 2011 when prosecutors were papering companies like Google and Twitter with demands for records of key WikiLeaks activists. With the government’s consent, Twitter notified five users that the feds were after their records, and three of them went to court to challenge the lawfulness of the search, backed by the ACLU and Electronic Frontier Foundation.
Paulsen expends quite a bit of verbiage on the history of the government’s pursuit of this case (I get the feeling he thinks it’s terrible) before he gets around to telling us who the cooperating witness is. His name is David House.
The Daily Beast has learned that David House, the former WikiLeaks volunteer and Manning friend, was subpoenaed last May for an encore appearance before the Alexandria grand jury. This time he didn’t take the Fifth. “I decided to cooperate in exchange for immunity,” said House, who provided a copy of the subpoena. “You know, I’m walking around on the street out here. I’m not in an embassy.”
House spoke briefly with prosecutors and then testified for about 90 minutes in front of the grand jury, he said. “They wanted to know about my meetings with Assange, they wanted to know broadly about what we talked about,” he recalled. Prosecutors seemed particularly interested in the potential for collateral damage in some of Assange’s leaks. The identities of some American collaborators were exposed in Assange’s release of State Department cables and Army field reports from Afghanistan, which triggered internal debate and led to the departure of some of WikiLeaks’ key staffers early on.
“They showed me chat logs in which I was arguing vehemently with him about releasing documents that would leave people vulnerable and put people’s lives at risk,” said House, a computer science graduate and political activist now working on a centrist movement called the Pilot Party. “That was the only thing they put in front of my face that made me think, ‘This may be what they’re going after him for.’”
That’s all I’ve got for you today. What stories are you following?
Trump’s handpicked Attorney General has been in place for just a few days, and suddenly multiple news organizations are reporting that the Mueller investigation is ending soon. Interestingly, The New York Times has not yet reported this story.
What’s going on? There are multiple outstanding cases. Roger Stone was only recently arrested and the Special Counsel’s Office can’t possibly have gone through all the materials they collected in searches at three different locations. The Supreme Court has not yet ruled on the mystery foreign company that is resisting the SCO’s subpoena. Andrew Miller is still fighting a grand jury subpoena. What about the case of Jerome Corsi, who said he was told he’d be indicted? What about Donald Trump Jr.?
I think we have to ask if in fact the Trump obstruction has finally worked. I’d also like to know why reporters are so gleeful about the purported end of the investigation? Why is there no skepticism about how coincidental this all seems.
There’s also this:
WTF? Note that Matt Schlapp’s wife Mercedes is the White House Director of Strategic Communications.
One more coincidence: the new politics editor at CNN is Sarah Isgur Flores, a right wing conspiracy theorist who most recently worked as Jeff Sessions’ spokesperson at DOJ. Could she be a source for these stories about the end of the Mueller probe?
CNN’s hiring of Sarah Isgur Flores, a longtime G.O.P. operative who has worked for Carly Fiorina and Ted Cruz, and most recently served as a spokeswoman for Jeff Sessions in the Justice Department (a position that reportedly involved a loyalty pledge to Donald Trump), caused an immediate and fairly predictable media firestorm. Unlike Corey Lewandowski, who was hired to great consternation during the 2016 election cycle (and then terminated), Flores won’t simply be an ideological talking head—she’ll be playing a larger role in the editorial process. Despite a lack of journalism experience, she will be helping to coordinate CNN’s political coverage across platforms, as well as occasionally appearing on-air as a political analyst, which is the more customary role for former politicians and government officials. Within the media world, she is seen as a controversial and unorthodox appointment. Moreover, Isgur apparently has a history of lambasting the mainstream media on Twitter, including CNN, which she once termed the “Clinton News Network.”
All of this has led to a fair amount of bafflement as to why CNN would hire her in a senior editorial role reporting to political director David Chalian.“Why CNN made this move to begin with is the deeper and more troubling question,” Margaret Sullivan wrote Wednesday in The Washington Post.
As far as how the talks came about in the first place, it appears that Isgur, as she was preparing to exit the D.O.J., wasn’t only shopping around for a media gig at CNN. Cable-news sources told me that she also passed through 30 Rock to discuss a potential role at MSNBC, where she met with top newsroom management in recent months. “She had a detailed idea of what she wanted to do,” someone with knowledge of the discussions told me. “She wanted to do something on-air combined with some sort of quasi-management, behind-the-scenes planning kind of work. I think she looked at Dave Chalian and said, I wanna do that.” A second source with direct knowledge of the talks said that such a role “was never under consideration.” This person added, “She was pitching her intimate knowledge of the Mueller probe as a selling point.”
Read the rest at Vanity Fair.
Here’s some speculation from Emptywheel: The Significance of the Rod Rosenstein/William Barr Window.
This is happening in the window of time when Rod Rosenstein is still around and — because William Barr has presumably not been through an ethics review on the investigation — presumably back in charge of sole day-to-day supervision of the investigation. But it is happening after Barr has been confirmed, and so any problems with the investigation that might stem from having an inferior officer (an unconfirmed hack like the Big Dick Toilet Salesman) supervising Mueller are gone.
I’m fairly certain the concerns about Barr coming in and forcing Mueller to finish this are misplaced. I say that, in part, because Mueller seemed to be preparing for this timing. I say it, too, because Barr is too close to Mueller to do that to him.
That says that Mueller is choosing this timing (and choosing not to wait for the appeals to be done). Whatever reason dictates this timing, by doing it in this window, Mueller can ensure the legitimacy of what happens, both legally (because Barr will be in place) and politically (because it will be clear Rosenstein presided over it).
I still don’t get it. It looks to me like we are going to have to count on the Democrats in the House to continue the investigation. Meanwhile Andrew McCabe is just beginning his book tour and he clearly thinks that Trump is a Russian asset.
This afternoon, Roger Stone will learn whether he is going to jail for threatening the judge in his case or if he at least will have to pay some bail instead of continuing to be free on his own recognizance. It’s also still possible there could be indictments tomorrow. And Mueller could file a detailed “report” in the sentencing memo for Paul Manafort on Friday. It’s also possible that Mueller isn’t really wrapping up. We’ll have to wait and see.
Two More Reads on Mueller’s Supposed End
Neal Kaytal at The New York times: The Mueller Report Is Coming. Here’s What to Expect.
The special counsel Robert Mueller will apparently soon turn in a report to the new attorney general, William Barr. Sure, there is still a lot of activity, including subpoenas, flying around, but that shouldn’t stop Mr. Mueller.
The report is unlikely to be a dictionary-thick tome, which will disappoint some observers. But such brevity is not necessarily good news for the president. In fact, quite the opposite.
For months, the president’s lawyers have tried to discredit Mr. Mueller and this report, but their efforts may have backfired. A concise Mueller report might act as a “road map” to investigation for the Democratic House of Representatives — and it might also lead to further criminal investigation by other prosecutors. A short Mueller report would mark the end of the beginning, not the beginning of the end.
The report is unlikely to be lengthy by design: The special counsel regulations, which I had the privilege of drafting in 1999, envision a report that is concise, “a summary” of what he found. And Mr. Mueller’s mandate is limited: to look into criminal activity and counterintelligence matters surrounding Russia and the 2016 election, as well as any obstruction of justice relating to those investigations.
The regulations require the attorney general to give Congress a report, too. The regulations speak of the need for public confidence in the administration of justice and even have a provision for public release of the attorney general’s report. In a world where Mr. Mueller was the only investigator, the pressure for a comprehensive report to the public would be overwhelming.
This is where the “witch hunt” attacks on Mr. Mueller may have backfired. For 19 months, Mr. Trump and his team have had one target to shoot at, and that target has had limited jurisdiction. But now the investigation resembles the architecture of the internet, with many different nodes, and some of those nodes possess potentially unlimited jurisdiction. Their powers and scope go well beyond Mr. Mueller’s circumscribed mandate; they go to Mr. Trump’s judgment and whether he lied to the American people. They also include law enforcement investigations having nothing to do with Russia, such as whether the president directed the commission of serious campaign finance crimes, as federal prosecutors in the Southern District of New York have already stated in filings. These are all critical matters, each with serious factual predicates already uncovered by prosecutors.
Read the rest at the NYT.
Garrett Graff at Wired: 7 Scenarios for how the Mueller Probe Might “Wrap Up.”
THE BREAKING NEWS hit a snowy Washington on Wednesday: Newly installed attorney general William Barrappears to be preparing to announce the end of special counsel Robert Mueller’s Russia investigation.
But what would “Mueller wrapping up” actually mean?
And does the rapid movement, soon after Barr was installed at the Justice Department, indicate that he shut down the Mueller probe prematurely? A recent New York Times article documenting Trump’s two-year-long campaign to obstruct and muddy the investigation exacerbated those fears, as did an ominous tweet by conservative commentator—and White House spouse—Matt Schlapp pronouncing that “Mueller will be gone soon.”
The tea leaves around Mueller in recent weeks seem especially hard to read—and they’re conflicting at best. CNN’s special counsel stakeout has spotted prosecutors working long hours, through snow days and holidays—just as they were in the days before Michael Cohen’s surprise guilty plea last fall for lying to Congress—yet there’s also been no apparent grand jury movement since Roger Stone’s indictment. So even as CNN’s stakeout spotted DC prosecutors entering Mueller’s offices—the type of people who Mueller might hand off cases to as he winds down—and the special counsel’s staff carting out boxes, there’s also recent evidence that Mueller still has a longer game in mind. The Roger Stone prosecution is just getting underway. Mueller is still litigating over a mystery foreign company. And he’s pushing forward trying to gain testimony from a Stone associate, Andrew Miller.
In fact, the list of loose threads at this point is, in some ways, longer than the list of what Mueller has done publicly. There’s conspiracy theorist Jerome Corsi’s aborted plea deal; would-be Middle East power broker George Nader’s lengthy cooperation with Mueller, which has resulted in no public charges; the mysterious Seychelles meeting between Blackwater mercenary founder Erik Prince and a Russian businessman; and then—of course—the big question of obstruction of justice. Add to that the host of recent witness testimony from the House Intelligence Committee that representative Adam Schiff has turned over to Mueller’s office, in which other witnesses, Schiff says, appear to have lied to Congress. And besides, there are a host of breadcrumbs that Mueller left in the more than 500 pages of his court filings that would all prove superfluous if further action didn’t lie ahead.
Head over to Wired to read the rest.
What do you think? Please share your thoughts and links on any topic in the comment thread below.