The Disinformation Campaign Targeting Mueller and the Delayed Briefing to SSCI on Russian Election Interference

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A lot of people are reporting and misreporting details from this Mueller filing revealing that it had been the target of disinformation efforts starting in October.

1000 non-sensitive files leaked along with the file structure Mueller provided it with

To substantiate an argument that Concord Management should not be able to share with Yevgeniy Prigozhin the sensitive discovery that the government has shared with their trollish lawyers, Mueller revealed that on October 22, someone posted 1000 files turned over in discovery along with a bunch of other crap, partially nested within the file structure of the files turned over in discovery.

On October 22, 2018, the newly created Twitter account @HackingRedstone published the following tweet: “We’ve got access to the Special Counsel Mueller’s probe database as we hacked Russian server with info from the Russian troll case Concord LLC v. Mueller. You can view all the files Mueller had about the IRA and Russian collusion. Enjoy the reading!”1 The tweet also included a link to a webpage located on an online file-sharing portal. This webpage contained file folders with names and folder structures that are unique to the names and structures of materials (including tracking numbers assigned by the Special Counsel’s Office) produced by the government in discovery.2 The FBI’s initial review of the over 300,000 files from the website has found that the unique “hashtag” values of over 1,000 files on the website matched the hashtag values of files produced in discovery.3 Furthermore, the FBI’s ongoing review has found no evidence that U.S. government servers, including servers used by the Special Counsel’s Office, fell victim to any computer intrusion involving the discovery files.

1 On that same date, a reporter contacted the Special Counsel’s Office to advise that the reporter had received a direct message on Twitter from an individual who stated that they had received discovery material by hacking into a Russian legal company that had obtained discovery material from Reed Smith. The individual further stated that he or she was able to view and download the files from the Russian legal company’s database through a remote server.

2 For example, the file-sharing website contains a folder labeled “001-W773.” Within that folder was a folder labeled “Yahoo.” Within that folder was a folder labeled “return.” Within the “return” folder were several folders with the names of email addresses. In discovery in this case, the government produced a zip file named “Yahoo 773.” Within that zip file were search warrant returns for Yahoo email accounts. The names of the email accounts contained in that zip file were identical to the names of the email address folders within the “return” subfolder on the webpage. The webpage contained numerous other examples of similarities between the structure of the discovery and the names and structures of the file folders on the webpage. The file names and structure of the material produced by the government in discovery are not a matter of public record. At the same time, some folders contained within the Redstone Hacking release have naming conventions that do not appear in the government’s discovery production but appear to have been applied in the course of uploading the government’s production. For example, the “001- W773” folder appears within a folder labeled “REL001,” which is not a folder found within the government’s production. The naming convention of folder “REL001” suggests that the contents of the folder came from a production managed on Relativity, a software platform for managing document review. Neither the Special Counsel’s Office nor the U.S. Attorney’s Office used Relativity to produce discovery in this case. [my emphasis]

It sounds like Mueller’s office found out about it when being contacted by the journalist who had been alerted to the content on Twitter.

But before Mueller asked Concord’s trollish lawyers about it, the defense attorneys — citing media contacts they themselves had received — contacted prosecutors to offer a bullshit excuse about where the files came from.

On October 23, 2018, the day after the tweet quoted above, defense counsel contacted the government to advise that defense counsel had received media inquiries from journalists claiming they had been offered “hacked discovery materials from our case.” Defense counsel advised that the vendor hired by the defense reported no unauthorized access to the non-sensitive discovery. Defense counsel concluded, “I think it is a scam peddling the stuff that was hacked and dumped many years ago by Shaltai Boltai,” referencing a purported hack of Concord’s computer systems that occurred in approximately 2014. That hypothesis is not consistent with the fact that actual discovery materials from this case existed on the site, and that many of the file names and file structures on the webpage reflected file names and file structures from the discovery production in this case.

Without any hint of accusation against the defense attorneys (though this motion is accompanied by an ex parte one, so who knows if they offered further explanation there), Mueller notes any sharing of this information for disinformation purposes would violate the protective order in the case.

As stated previously, these facts establish a use of the non-sensitive discovery in this case in a manner inconsistent with the terms of the protective order. The order states that discovery may be used by defense counsel “solely in connection with the defense of this criminal case, and for no other purpose, and in connection with no other proceeding, without further order of this Court,” Dkt. No. 42-1, ¶ 1, and that “authorized persons shall not copy or reproduce the materials except in order to provide copies of the materials for use in connection with this case by defense counsel and authorized persons,” id. ¶ 3. The use of the file names and file structure of the discovery to create a webpage intended to discredit the investigation in this case described above shows that the discovery was reproduced for a purpose other than the defense of the case.

Update: Thursday evening, Mueller submitted another version of this clarifying that the @HackingRedstone tweets alerting journalists to the document dump were DMs, and so not public (or visible to the defense). The first public tweet publicizing the dump came on October 30, so even closer to the election.

Shortly after the government filed, defense counsel drew the government’s attention to the following sentence, which appears on page nine of the filing: “On October 22, 2018, the newly created Twitter account @HackingRedstone published the following tweet: ‘We’ve got access to the Special Counsel Mueller’s probe database as we hacked Russian server with info from the Russian troll case Concord LLC v. Mueller. You can view all the files Mueller had about the IRA and Russian collusion. Enjoy the reading!’” Defense counsel pointed out that this sentence could be read to suggest that the Twitter account broadcast a publicly-available “tweet” on October 22. In fact, the Twitter account @HackingRedstone began sending multiple private direct messages to members of the media promoting a link to the online file-sharing webpage using Twitter on October 22. The content of those direct messages was consistent with, but more expansive than, the quoted tweet to the general public, which was issued on October 30. By separate filing, the government will move to file under seal the text of the direct messages. The online file sharing webpage was publicly accessible at least starting on October 22.

I’m not sure it makes the defense response any more or less suspect. But it does tie the disinformation even more closely with the election.

The Mueller disinformation was part of a month-long election season campaign

This thread, from one of the journalists who was offered the information, put it all in context back on November 7, the day after the election.

The thread shows how the release of the Mueller-related files was part of a month-long effort to seed a claim that the Internet Research Agency had succeeded in affecting the election.

Update: This story provides more background.

Other signs of the ongoing investigation into Yevgeniy Prigozhin’s trolls

Given how the Mueller disinformation functioned as part of that month-long, election oriented campaign, I’m more interested in this passage from the Mueller investigation than that the investigation had been targeted. Mueller argues that they shouldn’t have to share the sensitive discovery with Yevgeniy Prigozhin because the sensitive discovery mentions uncharged individuals who are still trying to fuck with our elections.

First, the sensitive discovery identifies uncharged individuals and entities that the government believes are continuing to engage in operations that interfere with lawful U.S. government functions like those activities charged in the indictment.

To be sure, we knew the investigation into Prigozhin’s trolls was ongoing. On October 19, just days before these files got dropped, DOJ unsealed an EDVA complaint, which had been filed under seal on September 28, against Prigozhin’s accountant, Alekseevna Khusyaynova. Along with showing Prigozhin’s trolls responding to the original Internet Research Agency indictment last February, it showed IRA’s ongoing troll efforts through at least June of last year.

Then, in December, Concord insinuated that Mueller prosecutor Rush Atkinson had obtained information via the firewall counsel and taken an investigative step on that information back on August 30.

On August 23, 2018, in connection with a request (“Concord’s Request”) made pursuant to the Protective Order entered by the Court, Dkt. No. 42-1, Concord provided confidential information to Firewall Counsel. The Court was made aware of the nature of this information in the sealed portion of Concord’s Motion for Leave to Respond to the Government’s Supplemental Briefing Relating to Defendant’s Motion to Dismiss the Indictment, filed on October 22, 2018. Dkt. No. 70-4 (Concord’s “Motion for Leave”). Seven days after Concord’s Request, on August 30, 2018, Assistant Special Counsel L. Rush Atkinson took investigative action on the exact same information Concord provided to Firewall Counsel. Undersigned counsel learned about this on October 4, 2018, based on discovery provided by the Special Counsel’s Office. Immediately upon identifying this remarkable coincidence, on October 5, 2018, undersigned counsel requested an explanation from the Special Counsel’s Office, copying Firewall Counsel on the e-mail.

[snip]

Having received no further explanation or information from the government, undersigned counsel raised this issue with the Court in a filing made on October 22, 2018 in connection with the then-pending Motion to Dismiss. In response to questions from the Court, Firewall Counsel denied having any communication with the Special Counsel’s Office.

This was a bid to obtain live grand jury investigative information, one that failed earlier this month after Mueller explained under seal how his prosecutors had obtained this information and Dabney Friedrich denied the request.

What this filing, in conjunction with Josh Russell’s explanatory Twitter thread, reveals is that the Mueller disinformation effort was part of a disinformation campaign targeted at the election.

Dan Coats doesn’t want to share the report on Russian election tampering with SSCI

And I find that interesting because of a disturbing exchange in a very disturbing Global Threats hearing the other day. After getting both Director of National Intelligence Dan Coats and FBI Director Christopher Wray to offer excuses for White House decisions to given security risks like Jared Kushner security clearance, Martin Heinrich then asked Coats why ODNI had not shared the report on election tampering even with the Senate Intelligence Committee.

Heinrich: Director Coats, I want to come back to you for a moment. Your office issued a statement recently announcing that you had submitted the intelligence community’s report assessing the threats to the 2018 mid-term elections to the President and to appropriate Executive Agencies. Our committee has not seen this report. And despite committee requests following the election that the ODNI brief the committee on any identified threats, it took ODNI two months to get a simple oral briefing and no written assessment has yet been provided. Can you explain to me why we haven’t been kept more fully and currently informed about those Russian activities in the 2018–

Chairman Richard Burr interrupts to say that, in fact, he and Vice Chair Mark Warner have seen the report.

Burr: Before you respond, let me just acknowledge to the members that the Vice Chairman and I have both been briefed on the report and it’s my understanding that the report at some point will be available.

Coats then gives a lame excuse about the deadlines, 45 days, then 45 days.

Coats: The process that we’re going through are two 45 day periods, one for the IC to assess whether there was anything that resulted in a change of the vote or anything with machines, uh, what the influence efforts were and so forth. So we collected all of that, and the second 45 days — which we then provided to the Chairman and Vice Chairman. And the second 45 days is with DHS looking, and DOJ, looking at whether there’s information enough there to take — to determine what kind of response they might take. We’re waiting for that final information to come in.

After Coats dodges his question about sharing the report with the Committee, Heinrich then turns to Burr to figure out when they’re going to get the information. Burr at least hints that the Executive might try to withhold this report, but it hasn’t gotten to that yet.

Heinrich: So the rest of us can look forward — so the rest of us can then look forward to reading the report?

Coats: I think we will be informing the Chairman and the Vice Chairman of that, of their decisions.

Heinrich: That’s not what I asked. Will the rest of the Committee have access to that report, Mr. Chairman?

[pause]

Heinrich: Chairman Burr?

Burr; Well, let me say to members we’re sort of in unchartered ground. But I make the same commitment I always do, that anything that the Vice Chairman and myself are exposed to, we’ll make every request to open the aperture so that all members will be able to read I think it’s vitally important, especially on this one, we’re not to a point where we’ve been denied or we’re not to a point that negotiations need to start. So it’s my hope that, once the final 45-day window is up that is a report that will be made available, probably to members only.

Coming as it did in a hearing where it became clear that Trump’s spooks are helpless in keeping Trump from pursuing policies that damage the country, this exchange got very little attention. But it should!

The Executive Branch by law has to report certain things to the Intelligence Committees. This report was mandated by Executive Order under threat of legislation mandating it.

And while Coats’ comment about DOJ, “looking at whether there’s information enough there to take — to determine what kind of response they might take,” suggests part of the sensitivity about this report stems from a delay to provide DOJ time to decide whether they’ll take prosecutorial action against what they saw in the election, the suggestion that only members of the committee (not staffers and not other members of Congress) will ever get the final report, as well as the suggestion that Coats might even fight that, put this report on a level of sensitivity that matches covert actions, the most sensitive information that get shared with Congress.

Maybe the Russians did have an effect on the election?

In any case, going back to the Mueller disinformation effort, that feels like very familiar dick-wagging, an effort to make key entities in the US feel vulnerable to Russian compromise. Mueller sounds pretty sure it was not a successful compromise (that is, the data came from Concord’s lawyers, not Mueller).

But if the disinformation was part an effort to boast that Putin’s allies had successfully tampered with the vote — particularly if Russia really succeeded in doing so — it might explain why this report is being treated with the sensitivity of the torture or illegal spying program.

Update: I’ve corrected this to note that in the end the Intelligence Authorization did not mandate this report, as was originally intended; Trump staved that requirement off with an Executive Order. Still, that still makes this look like an attempt to avoid admitting to Congress that your buddy Putin continues to tamper in US elections.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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The Big Dick Toilet Salesman Speaks

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Yesterday, Matt Whitaker got asked about the Mueller probe. After saying he wasn’t going to comment about an on-going investigation and mid some hemming and hawing, he suggested his prior comments about the Mueller investigation were wrong and then said the Mueller investigation is “close to being completed.”

You know, I’ve been fully briefed on the investigation. And I look forward to Director Mueller delivering the final report. And I’m really not going to talk about an open and on-going investigation otherwise. But, you know, sort of the statements that I’ve made were as a private citizen, only with publicly available information. Um, I am comfortable that the decisions that were made are going to be reviewed. You know, either, through the various means we have. But right now the investigation is, I think, close to being completed. And I hope that we can get the report from Director Mueller as soon as we can–as soon as possible.

Ken Dilanian, who recently had a “scoop” that Mueller may submit his “report” by mid-February, tweeted the comment over and over. Devlin Barrett, who recently suggested the slapdown of the BuzzFeed story reporting that Trump “directed” Michael Cohen to lie to Congress was a complete rebuttal of that story said that, “this has been guessed at, hinted at, and suggested before, but it has not been said by any senior official before. it’s a big deal.”

Mueller is still pursuing information from the Mystery Appellant. He is still pursuing testimony from Roger Stone associate Andrew Miller. Indeed, in the wake of Stone’s indictment, Mueller told Miller’s attorney they still want that testimony to support additional charges.

A defense attorney for Andrew Miller, who’s fighting a subpoena from Robert Mueller’s investigation into Russian interference in the 2016 election, learned Monday afternoon that the special counsel still wants witness testimony for a federal grand jury.

Paul Kamenar, the defense attorney, says the assertion from Mueller’s team made clear to him that Mueller and the Justice Department are considering an additional indictment of Roger Stone or have plans to charge others.

And, of course, FBI seized a bunch of evidence from Stone on Friday. William Barr will soon be confirmed as Attorney General, alleviating one of the only reasons (because he’s not reporting to a Senate confirmed official) why Mueller’s authority to indict people might not be sound.

I’ve been told by people who have key witnesses as sources that Mueller is close to the end of his investigation. But their reports sound nothing like what the Big Dick Toilet Salesman or reporters relying on him as a source said yesterday.

But even if Mueller is close to being done, reports from a Big Dick Toilet Salesman that this is heading towards a report should be taken as the statements of a man hired to make statements like this. The actual evidence suggests that Mueller is still pursuing damning conspiracy indictments.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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Two Details That Many Are Missing in/about the Stone Indictment

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I’ve been traveling most of the day to get out of the Midwest before the snow and record low temperatures show up, and will be buried for three days working on things that have nothing to do with any investigation Mueller has been involved in since 2013.

But I do want to add two details to the parlor game going on about whether or not the Roger Stone indictment is the tip of a conspiracy-burg or evidence there’s no there there. Joyce White Vance argues that Mueller charged Stone the way he did to hide the rest of the conspiracy prosecution.

Why didn’t Mueller charge Stone with conspiracy? The rules in federal cases require that prosecutors provide defendants with broad discovery. By indicting Stone on a fairly narrow set of charges, Mueller limits what has to be disclosed & can protect ongoing investigation.

Randall Eliason offers a respectable version of the argument that the indictment suggests there won’t be a conspiracy case.

There have always been at least two possible end games for the Mueller investigation. He could uncover evidence of a widespread criminal conspiracy between the Trump campaign and Russians to influence the election. Or he could conclude that the campaign’s numerous documented interactions with Russians seeking to help Trump win were not criminal, but people close to Trump lied to cover up those interactions because revealing them would have been politically devastating.

Stone’s indictment falls into the coverup category. Mueller may have evidence of the broader conspiracy, and more charges may well be coming. But every case like Stone’s, or those against former campaign manager Paul Manafort, that is filed without charging a conspiracy with the Russians makes it seem more likely that criminal charges brought by the special counsel will end up being primarily about the coverups.

Andy McCarthy offers a less respectable version of the same.

Neither Eliason nor McCarthy account for one of the only new details in the indictment, showing that an unidentified Steve Bannon associate congratulated Stone on October 7.

On or about October 7, 2016, Organization 1 released the first set of emails stolen from the Clinton Campaign chairman. Shortly after Organization 1’s release, an associate of the high-ranking Trump Campaign official sent a text message to STONE that read “well done.” In subsequent conversations with senior Trump Campaign officials, STONE claimed credit for having correctly predicted the October 7, 2016 release.

This detail shows that the Trump campaign at least believed that Stone succeeded in getting WikiLeaks to drop the John Podesta emails to distract attention from the Access Hollywood video, which in turn is consistent with a claim Jerome Corsi made about Stone having advance knowledge of the Access Hollywood video and that he and Stone succeeded in timing the email release.

 Corsi wrote in his forthcoming 57,000-word book that he told Zelinsky that Stone told him in advance that the “Access Hollywood” tape would be released.

He wrote that “although I could not remember exactly when Roger told me, or the precise substance of the discussion, I remembered Roger told me before the Washington Post went to press with the Billy Bush tape that the tape was coming and that it would be a bombshell.”

Corsi said he had three phone calls with Stone in the hours before the release of the tape.

“I know nothing about that, either does Jerry Corsi,” Stone told TheDCNF. When asked why Corsi might be motivated to make a false claim, Stone said: “He’s saying this because the prosecutors induced him to say it.”

Corsi also wrote that Zelinsky revealed that prosecutors had evidence of an email exchange between he and Stone “in which Stone expressed pleasure that Assange had released the Podesta emails as instructed.”

Corsi said he replied that he and Stone “should be given credit” for the release.

While Stone disputes Corsi’s claim and Corsi feigns forgetfulness about precisely what happened, by including a communication showing Stone getting credit for the timing, Mueller is suggesting that Corsi is right — and that he has credible, corroborating evidence to prove it.

That’s more coordination — between Corsi and Stone, but more importantly between some go-between and WikiLeaks — than would be the case if Stone’s indictment were all Mueller had. It would put Stone and Corsi in a conspiracy with WikiLeaks and their go-between(s).

Then there’s this detail from the motion to seal Stone’s indictment that no one has yet offered a full explanation for (indeed, most of the reports that noted that Amy Berman Jackson had been assigned the case didn’t explain this detail at all).

Someone — and it would almost certainly have to be the prosecutors (including one who, DC US Attorney’s office prosecutor Jonathan Kravis, is on the internet Research Agency case),  — told the court that Stone’s namby pamby “process crime” is related to the big conspiracy case involving WIkiLeaks with a bunch of Russian hackers. (I’ve updated my running docket of Mueller and potentially related cases to reflect Stone’s indictment.) And while it’s true that Stone is described in the GRU indictment, he is not named in a way that the court would identify that by themselves. WikiLeaks shows up in both, but there’s no need to tie WikiLeaks cases together unless some defendant is going to show up to face prosecution (and WikiLeaks is does not take any of the overt acts described in the Stone indictment).

I don’t pretend to understand how this happened or what it all means. But there’s nothing about the Stone obstruction prosecution that would overlap with the evidence in the GRU indictment. And, as charged, the GRU indictment won’t be prosecuted at all until Julian Assange or someone else involved in it ends up in DC to face charges.

By all means, continue the parlor game. But at least explain how those two details fit into your theory of nothing-“berder” or grand conspiracy.

Update: By popular demand, I’m including the definition of a “related case” under DC’s local rules.

A related case for the purpose of this Rule means as follows:

(1) Criminal cases are deemed related when

(i) a superseding indictment has been filed, or

(ii) more than one indictment is filed or pending against the same defendant or defendants, or

(iii) prosecution against different defendants arises from a common wiretap, search warrant, or activities which are a part of the same alleged criminal event or transaction. A case is considered pending until a defendant has been sentenced.

Certainly, WikiLeaks is named as a co-conspirator in both. But it is not yet a defendant. Though both cases may rely on a wiretap targeting Wikileaks. Or perhaps Stone’s search warrant included his conversations with Guccifer 2.0, and so the other indictment.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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How Roger the Rat Fucked Himself

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After the FBI arrested Roger Stone today, they conducted searches on his homes in Florida and NYC. It will be interesting to see whether and if so how much evidence they found in his homes.

That’s because — in spite of the fact that Stone has been rat-fucking for almost a half century, and in spite of the fact that Stone was willing to risk major prison time as part of a cover-up, Stone utterly fucked himself by keeping incriminating materials around and leaking them out via journalists.

If Ronald Reagan is rolling in his grave today because the Air Traffic Controllers showed that by working collectively they could be more powerful than a President, then Richard Nixon is rolling in his grave today that a guy still branded with his face failed the cover-up so much worse than Nixon himself (Unrelatedly, but hysterically, the Nixon Foundation released a statement today effectively calling Stone a coffee boy).

Consider this passage in his indictment for lying to the House Intelligence Committee:

STONE’s False and Misleading Testimony About His Possession of Documents Pertinent to HPSCI’s Investigation

22. During his HPSCI testimony, STONE was asked, “So you have no emails to anyone concerning the allegations of hacked documents . . . or any discussions you have had with third parties about [the head of Organization 1]? You have no emails, no texts, no documents whatsoever, any kind of that nature?” STONE falsely and misleadingly answered,  “That is correct. Not to my knowledge.”

23. In truth and in fact, STONE had sent and received numerous emails and text messages during the 2016 campaign in which he discussed Organization 1, its head, and its possession of hacked emails. At the time of his false testimony, STONE was still in possession of many of these emails and text messages, including:

a. The email from STONE to Person 1 on or about July 25, 2016 that read in part, “Get to [the head of Organization 1] [a]t Ecuadorian Embassy in London and get the pending [Organization 1] emails . . . they deal with Foundation, allegedly.”;

b. The email from STONE to Person 1 on or about July 31, 2016 that said an associate of Person 1 “should see [the head of Organization 1].”;

c. The email from Person 1 to STONE on or about August 2, 2016 that stated in part, “Word is friend in embassy plans 2 more dumps. One shortly after I’m back. 2nd in Oct. Impact planned to be very damaging.”;

d. Dozens of text messages and emails, beginning on or about August 19, 2016 and continuing through the election, between STONE and Person 2 in which they discussed Organization 1 and the head of Organization 1;

e. The email from STONE on or about October 3, 2016 to the supporter involved with the Trump Campaign, which read in part, “Spoke to my friend in London last night. The payload is still coming.”; and

f. The emails on or about October 4, 2016 between STONE and the high-ranking member of the Trump Campaign, including STONE’s statement that Organization 1 would release “a load every week going forward.”

24. By falsely claiming that he had no emails or text messages in his possession that referred to the head of Organization 1, STONE avoided providing a basis for HPSCI to subpoena records in his possession that could have shown that other aspects of his testimony were false and misleading.

To be clear, I’m sure that Mueller has independent basis for his knowledge that, “At the time of his false testimony, STONE was still in possession of many of these emails and text messages,” showing that he talked about what documents Assange had. As I’ve said, I think it highly likely Stone was included among those on whose phones Mueller got a warrant in March of last year. And if he could get a warrant for Stone’s phone, he obviously could get a warrant for Stone’s email (and probably issued preservation orders when he became Special Counsel in May 2017, if FBI hadn’t already done so).

But Mueller would have had proof that Stone had possession — and knowledge of — some of these records even without a warrant. That’s because Stone, in an apparent effort to undermine Mueller’s case, has been slowly leaking them to the press, accelerating last November.

Of those listed here, for example, after Bannon leaked the October 4 email set to the NYT and WaPo, Stone responded with a piece under his own name acknowledging those emails.

I had been told this would come in October for months by my source Randy Credico, whom I identified for the House Intelligence Committee.

[snip]

When Bannon’s minion Matt Boyle asked me if what Assange had was “good” I replied it was, based on Credico’s insistence the material was “devastating,” “bombshell” and would “change the race.” This turned out to be right, although — as I have testified — I never knew the content or source of the Wikileaks disclosures in advance.

As for the August 2016 texts with Randy Credico, some days later, Stone leaked them to the Daily Caller, again, using his own name.

Julian Assange has kryptonite on Hillary,” Randy Credico wrote to Stone on Aug. 27, 2016, according to text messages that Stone provided to The Daily Caller News Foundation.

Mueller didn’t need a warrant to obtain the evidence to convict Roger Stone. He has the Daily Caller for that!!

Which raises the question why — other than sloppiness, hubris, or declining rat-fucking skills — Stone went to the trouble of lying to HPSCI if he didn’t, at the same time, delete all records of his election year rat-fuckery, which might have minimized the charges he is facing today.

Stone chose to keep these records, even (apparently, though I don’t know that those came out other than in Corsi’s own leaked plea deal) the ones with Corsi that show he was lying about Credico. Stone chose to obstruct justice, but not to do so in a way that would destroy the evidence he was trying to hide.

One reason he may have wanted to do that was to keep leverage over Trump and people like Steve Bannon in his immediate circle.

Which may mean today’s raids found far more interesting evidence implicating Trump and others.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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Reading Roger’s Indictment

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This post will provide a guide to reading Roger Stone’s indictment, to highlight what was unknown from it, and what has long been known. I’ll do updates to talk about the pregnant silences in the indictment.

Organization 1: WikiLeaks

Person 1: Jerome Corsi

Person 2: Randy Credico

Senior Trump Campaign official (¶12): Unknown — my wildarseguess is Rick Gates

After the July 22, 2016 release of stolen DNC emails by Organization 1, a senior Trump Campaign official was directed to contact STONE about any additional releases and what other damaging information Organization 1 had regarding the Clinton Campaign.

Corsi’s associate (¶13a, ¶13b): Ted Malloch

Attorney with ability to contact Assange (¶15dii): Margaret Kunstler

A supporter involved with the Trump Campaign (¶16a, ¶16d): Unknown

High-ranking Trump campaign official (¶16b, ¶16c): Steven Bannon

A reporter who had connections to a high-ranking Trump Campaign official (¶16b): Matthew Boyle

Associate of high-ranking Trump campaign official (¶17): Unknown

Person 2’s dog (¶39b): Credico’s therapy dog Bianca, who attended his grand jury appearance with him

September 18 request for information (¶15d): Stone was looking for details on Hillary’s attempts to thwart a Libyan peace deal

Update: I’ve taken out a reference to Sam Nunberg, who has said he’s not the one named in this indictment.

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Mueller Plays Hardball with Roger Stone

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Roger Stone was indicted and arrested in a raid on his home this morning.

There’s very little that we didn’t already know, at least in outline form: he was indicted because he lied to HPSCI about Jerome Corsi being his source for early WikiLeaks information rather than Randy Credico and then pressured Credico to sustain that claim for him. The sexiest detail about that is that he told Credico he should do a Frank Pentangeli, meaning he should claim not to know what he did.

On multiple occasions, including on or about December 1, 2017, STONE told Person 2 that Person 2 should do a “Frank Pentangeli” before HPSCI in order to avoid contradicting STONE’s testimony. Frank Pentangeli is a character in the film The Godfather: Part II, which both STONE and Person 2 had discussed, who testifies before a congressional committee and in that testimony claims not to know critical information that he does in fact know.

The most important detail — by far — in the indictment reveals that a senior Trump Campaign official “was directed” to contact Stone about what else was coming from WikiLeaks.

After the July 22, 2016 release of stolen DNC emails by Organization 1, a senior Trump Campaign official was directed to contact STONE about any additional releases and what other damaging information Organization 1 had regarding the Clinton Campaign. STONE thereafter told the Trump Campaign about potential future releases of damaging material by Organization 1.

I suspect that the senior Trump Campaign official was Rick Gates, though that’s a guess (Bannon is the very senior official named later in the indictment). The indictment doesn’t say, “directed by whom.”

And that, I think, is why Stone was arrested before dawn rather than permitted to self report, and why Stone was charged with obstruction plus five counts of false statements plus witness tampering (the latter of which carries real time, particularly given  Stone’s physical threats to Credico’s dog Bianca).

This is an effort to get Stone to reveal who that “whom” was, and whatever follow-up contacts he had with that “whom.”

The indictment also doesn’t charge Jerome Corsi, nor does it describe Stone asking Corsi to write a cover story for him back in August 2016. That may mean that Mueller now wants Stone to incriminate Corsi.

The indictment comes before Mueller obtains Andrew Miller’s testimony, which Miller himself has suggested might include interesting information about campaign finance.

But for now, this looks like an indictment and a delivery of it designed to strong arm Stone. I’m not sure that’s going to work with Stone.

Update: Two other key details.

First, the Big Dick Toilet Salesman let Bobby Three Sticks arrest Roger Stone. That’s got to make Trump … uncomfortable about his cover-up plans.

Also, remember that Paul Manafort is due in court today, to find out whether he’ll do life for lying while he was supposed to be cooperating. If Manafort lied to protect Stone (and that’s an area of his cooperation about which Mueller was curiously silent), this may get his attention.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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It’s Not So Much that Manafort Lied and Lied and Lied, It’s that His Truth Evolved

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Paul Manafort submitted his filing arguing that he didn’t intentionally lie when he lied repeatedly to Mueller last fall. The structure of the filing largely tracks that of Mueller’s submission last week, though it appears to have a more substantive introduction to his discussions of a peace deal with Konstantin Kilimnik, resulting this organization:

  • Payment to/from Rebuilding America Now (0-series exhibits)
  • Konstantin Kilimnik’s role in witness tampering (100-series exhibits)
  • Interactions with Kilimnik (200-series exhibits)

a) Discussions of the Ukraine Peace Deal

b) One meeting

c) Another meeting

d) A 2018 proposal

e) Manafort’s false statements (almost certainly about sharing polling data)

  • Another DOJ investigation (possibly that of Steve Calk) (300-series exhibits)
  • Manafort’s contact with the Administration (400-series exhibits)

Did Manafort change excuses for forgetting about a Ukrainian peace deal?

This filing is heavily redacted, so it’d be rash to make conclusions based on what little we can see. But it seems possible Manafort is offering a slightly different excuse for forgetting some discussions about Ukrainian peace deals than he earlier offered.

In his redaction fail filing, Manafort claimed he forgot about his discussions with Kilimnik about peace because he was so busy running Trump’s campaign.

In fact, during a proffer meeting held with the Special Counsel on September 11, 2018, Mr. Manafort explained to the Government attorneys and investigators that he would have given the Ukrainian peace plan more thought, had the issue not been raised during the period he was engaged with work related to the presidential campaign. Issues and communications related to Ukrainian political events simply were not at the forefront of Mr. Manafort’s mind during the period at issue and it is not surprising at all that Mr. Manafort was unable to recall specific details prior to having his recollection refreshed. The same is true with regard to the Government’s allegation that Mr. Manafort lied about sharing polling data with Mr. Kilimnik related to the 2016 presidential campaign. (See Doc. 460 at 6).

I’ve observed that that’s a pretty shitty excuse for forgetting a Madrid meeting in 2017 and writing a report on a Ukraine plan in 2018.

But in this filing, Manafort seems to be arguing that he forgot about one discussion of a peace plan because he did not consider it viable, but he considered a different one viable.

During the interview, there was continual confusion when discussing [redacted] because Mr. Manafort differentiated between the [redacted] discussed at the [redacted], which Mr. Manafort did not feel would work and did not support, and [redacted]. While Mr. Manafort did not initially recall Mr. Kilimnik’s follow up contact about [redacted], after his recollection was refreshed by showing him email, he readily acknowledged that he had seen the email at the time.5

That still doesn’t seem to explain his 2018 peace plan — which he after all wrote a proposal for.

In any case, he seems to have significantly changed his excuse as the number of times he discussed Ukrainian peace plans proliferated well beyond the campaign.

Could Rick Gates make a showing?

In response to an ABJ order the government submitted a filing stating that it couldn’t say whether it would provide witness testimony Friday until after it saw Manafort’s filing.

The question of whether live testimony will be necessary to resolve any factual issue will depend on the defendant’s upcoming submission. The defense has not submitted any evidence to date. If it does not, the Court can resolve the factual issues based on the evidence submitted, drawing inferences regarding intent from that evidence, with the benefit of the parties’ arguments at the conference scheduled for January 25th. If there are material factual disputes, however, witness testimony will assist in the resolution of those issues. Finally, the government is of course prepared to proceed with witness testimony if the Court believes it will assist in resolution of the matter.

At the time, I imagined they were thinking only of the FBI Agent who submitted the declaration in the case.

But Manafort twice either reinterprets or disputes Gates’ testimony, once on whether Manafort told the truth about sharing polling data with Kilimnik.

And once (even more heavily redacted) on whether Manafort had ongoing contacts with the Administration (in an earlier filing, Manafort had claimed Mueller was relying on hearsay regarding one of its claims). So it’s possible that’s the witness the government had in mind.

That said, in the language in Manafort’s filing addressing whether addition evidence is needed, he said no additional evidence was needed.

Manafort believes that the information the Court has received, including pleadings and various exhibits, provide a sufficient factual record to allow the Court to decide the issues presented without the need for additional evidence.

Paulie still hiding the campaign finance violations

As I’ve noted before, the reason Manafort’s lies about getting a loan or whatever via Rebuilding America Now matter is that whatever the scheme entailed, it likely would have amounted to a campaign finance violation because he, the campaign manager, would have been coordinating (indeed, seemingly getting paid by!) a SuperPAC. It’s fairly clear he kept changing his story about this (though it remains clear, now, that the payment served to pay his legal fees). Ultimately, though, Manafort effectively says no-harm-no-foul because he paid taxes on the payment.

As Mr. Manafort clarified to the OSC, there was no agreement about the terms of the payment of Mr. Manafort’s legal fees. This resulted in confusion as to whether the funds amounted to a loan, income, or even a gift. In an abundance of caution, Mr. Manafort ultimately reported the amount as income on his tax returns.

[snip]

Finally, the OSC claims that Mr. Manafort lied when he discussed that the payment might have been a loan. (Doc. 474 at 4, ¶7). This discussion was aimed at explaining the loan agreement, which Mr. Manafort had not remembered previously, and his continuing confusion about how the money was being treated by the payor. The uncertainty of the terms of the payment were verified by Mr. Manafort’s civil attorney and accountant.

Importantly, it should be noted that Mr. Manafort reported the payment on his own tax return as income. See Gov. Ex. 15. Further, Mr. Manafort identified that the payment came from [redacted]. Id. At bottom, then, there was no attempt to conceal the payment or the source on the income tax return that he filed with the government, and he ultimately chose to report the payment as income—the most tax disadvantageous manner in which it could have been handled.

But that entirely dodges the reason why Manafort would have wanted to obscure the relationship here in the first place, which is that if he admits it was all thought out ahead of time then the Trump campaign is exposed legally.

ABJ insists on Manafort’s presence

Having read all these filings, in unredacted form, ABJ did set a hearing for Friday morning, as she said she might do. Manafort’s lawyers asked — as they have in past hearings — for Manafort to be excused (remember, it’s a pain in the ass to get transported from the jail). But ABJ refused this request, noting,

Given the number of court appearances defendant has been permitted to waive, the significance of the issues at stake, and the fact that his being available to consult with counsel may reduce the likelihood that the defense position with respect to the issues discussed will change after the hearing, defendant’s motion is denied without prejudice to future motions.

His lawyers are now asking for permission for him to wear a suit.

It’s hard to read what she means with the minute order — aside from wanting to resolve this issue at the hearing. She clearly isn’t treating the government’s claims as a slam dunk (nor should she, considering the grave consequences for Manafort).

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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How Trump “Directed” Don Jr’s June 9 “No Follow-Up” False Statement to Congress

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In the New Republic, I have a piece expanding on what I laid out in my first post on last week’s BuzzFeed story. It should not have been a big deal that BuzzFeed claimed Trump had “directed” Michael Cohen to lie, because we already had plenty of evidence that Trump had induced his top aides to lie. In it, I note an even more clear cut example of Trump scripting his aides’ lies with the June 9 meeting.

Then last June, the Times published a January 2018 letter in which Trump’s lawyers admitted to Mueller’s office that “the President dictated a short but accurate response to the New York Times article on behalf of his son, Donald Trump, Jr.” The letter tied that statement directly to Don Jr.’s testimony to Congress about the infamous Trump Tower meeting in 2016, in which Don Jr. sought to procure damaging information about Hillary Clinton from Russian agents. “His son then followed up by making a full public disclosure regarding the meeting, including his public testimony that there was nothing to the meeting and certainly no evidence of collusion.” Trump’s statement to the Times claimed there had been “no follow-up” after the June 9 meeting, and Don Jr.’s testimony to Congress sustained that claim. But the public record shows there was follow-up after the election.

And I suggest, later in the piece, that what we know happened with the June 9 meeting is probably what happened with Cohen’s Trump Tower story.

Mueller has hinted that Trump’s other subordinates were involved in just one of these lies: Cohen’s. In a filing describing how Cohen explained “the circumstances of preparing and circulating his response to the congressional inquiries,” Cohen suggested he coordinated with “White House-based staff and legal counsel to Trump.”

That’s what the public record shows happened with Cohen’s statements about the Trump Tower meeting, in which he falsely claimed there was no “follow-up.”

As I suggested, how that happened is already in the public record, in documents released by the Senate Judiciary Committee.

As early as June 3, 2017, Trump Organization lawyer Alan Garten called Rob Goldstone to find out details about the June 9, 2016 meeting, including who the Russian lawyer who attended was. On June 26, Garten contacted Goldstone again to find out about and get contact information for Ike Kaveladze. In a call with Goldstone the next day, Garten expressed “concern” because the June 9 meeting “links Don Jr. to officials from Russia, which he has already denied meeting.”

On July 8, the White House put out a Trump (and Putin) statement claiming the meeting was only about adoptions, and therefore didn’t include any topic that was a campaign  issue. As part of that statement, Trump claimed that “there was no follow-up.”

It was a short introductory meeting. I asked Jared and Paul to stop by. We primarily discussed a program about the adoption of Russian children that was active and popular with American families years ago and was since ended by the Russian government, but it was not a campaign issue at that time and there was no follow up. I was asked to attend the meeting by an acquaintance, but was not told the name of the person I would be meeting with beforehand. [my emphasis]

On July 9, Don Jr put out his own statement, admitting that Goldstone had also offered dirt and that Magnitsky sanctions were discussed, but repeating that “no follow-up” line (as well as telling some other lies).

I was asked to have a meeting by an acquaintance I knew from the 2013 Miss Universe pageant with an individual who I was told might have information helpful to the campaign. I was not told her name prior to the meeting. I asked Jared and Paul to attend, but told them nothing of the substance. We had a meeting in June 2016. After pleasantries were exchanged, the woman stated that she had information that individuals connected to Russia were funding the Democratic National Committee and supporting Ms. Clinton. Her statements were vague, ambiguous and made no sense. No details or supporting information was provided or even offered. It quickly became clear that she had no meaningful information. She then changed subjects and began discussing the adoption of Russian children and mentioned the Magnitsky Act. It became clear to me that this was the true agenda all along and that the claims of potentially helpful information were a pretext for the meeting. I interrupted and advised her that my father was not an elected official, but rather a private citizen, and that her comments and concerns were better addressed if and when he held public office. The meeting lasted approximately 20 to 30 minutes. As it ended, my acquaintance apologized for taking up our time. That was the end of it and there was no further contact or follow-up of any kind. My father knew nothing of the meeting or these events. [my emphasis]

That’s when Goldstone — who had been on a cruise in Europe and so out of the loop — got angry that, after having asked for advance warning a week earlier, was now fielding calls from the press without first knowing what Trump had put out.

I had requested last week of you guys to see what was being put out, so I could be able to prepare our own statement but never received anything from you or your colleague. Can I please at least now see the statement you guys put out.

Goldstone wanted that statement, he explained to SJC, so he could match what Trump put out. “I just felt it would be useful if I knew what they had put out, the style, the type.” He wasn’t so much looking to coordinate; he was just trying to message effectively. “This — this  was area was really alien to me. I’m a music publicist. We talk about ego and nonsense. I’m not used to this kind of structured world.”

Then, on July 10, both Alan Futerfas and Alan Garten sent Goldstone a statement they wanted him to put out under his own name. It included the claim that there had been no follow-up.

As the person who arranged the meeting, I can definitely state that the statements I have read by Donald Trump Jr. are 100 percent accurate. The meeting was a complete waste of time, and Don was never told Ms. Veselnitskaya’s name prior to the meeting. Ms. Veselnitskaya mostly talked about the Magnitsky Act and Russian adoption laws, and the meeting lasted 20 to 30 minutes at most. There was never any follow-up and nothing ever came of the meeting. [my emphasis]

Goldstone told SJC he thought the “ludicrous” because it sounded nothing like him, and so kept trying to put out his own statement.

But (as SJC made clear in questions about the statement) the two Trump Organization Alans, who had been chasing down what happened at this meeting for over a month by the time they drafted a statement for Goldstone, had to have known that the statement they wanted Goldstone to adopt was partly incorrect (in spite of their exhortations that any statement be accurate). That’s because they would already have reviewed an email Goldstone sent to Rhonna Graff the previous fall.

On November 28, after ten days of efforts to set up another meeting for Veselnitskaya after the election and on directions that almost certainly had to have come from Don Jr, Goldstone sent Veselnitskaya’s latest statement on sanctions to Trump’s Assistant, Rhona Graff. On July 15, 2017, after Trump and Don Jr had already issued statements claiming there had been no follow-up to the meeting — and after Trump’s lawyers tried to get Goldstone to say that publicly, too — Graff forwarded Goldstone’s email back to show that there had, in fact, been follow-up.

Nevertheless, almost two months after Graff identified this proof of follow-up (there are also some calls between Don Jr and Goldstone that are in some ways even more damning, though Goldstone disclaims them), Don Jr continued to hew to the family line that there had not been follow-up.

Even in response to a direct question about it, Don Jr insisted there had been no follow-up,

Q. There was, in your view, no follow-up at all from this meeting?

A . Correct.

So Trump dictated a statement (and the lawyers tried to massage it even while leaving a number of lies in the statement), his son repeated it, his lawyers tried to get Goldstone to repeat it, even while they had clear documentary evidence it was not true.

And then Don Jr repeated that lie — there was no follow-up at all from this meeting — in September 2017, sustaining the lie his father first told, only this time to Congress, where it counts as a criminal false statement.

Last week, people on both sides of the aisle treated the BuzzFeed story as the first evidence that Trump had suborned false statements. It’s not. We’ve seen how he does so in very detailed form already.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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Jerome Corsi’s Gazillion Dollar Lawsuit Against the Same Media Targets that Individual-1 Is Targeting

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Jerome Corsi’s already frivolous lawsuit against Robert Mueller yesterday got still more sanction-worthy. On top of adding new defendants (including Jeff Bezos), he and his crack lawyer Larry Klayman asked for damages of [takes off glasses and peers closely] $1.35 trillion billions, of which $800 million million would come from Bezos, which — these fabulists claim — would be just 5% of his $140 billion net worth and not, instead, more than the richest man in the world is worth.

Admittedly, by the end of the day they had fixed these errors, now asking for an utterly modest $1.35 billion in punitive damages.

But I’m interested in what the amended complaint says about Corsi’s stunt.

Corsi justifies adding Bezos based off what is either an Infowars fabrication or an attempt to pre-empt a WaPo story that Mueller believes InfoWars paid Jerome Corsi $15,000 a month to keep him quiet.

In an email sent yesterday to lawyer Marc Randazza, the Washington Post’s Rosalind Helderman states, “I’ve been able to confirm that Robert Mueller’s investigators have been asking witnesses about the financial relationship between Infowars and Jerome Corsi and Roger Stone’s role in helping Corsi get his Infowars job.”

Asking why Infowars hired Corsi, Helderman states, “Mueller seems to be exploring that the job was hush money in some way.”

Corsi was hired by Infowars in January 2017 to set up a Washington bureau. His contract renewed in January 2018 but then the relationship was ended in June 2018. Corsi was paid routine 6 months severance pay.

Corsi was hired at a time when the Roger Stone-Corsi conspiracy theory nexus tied to Wikileaks was not even being circulated. Corsi was fired because of his failure to adequately establish a Washington bureau, his failure to maintain White House press credentials, and his generally poor work performance.

Recall that Mueller also seems to be investigating whether Stone sent Randy Credico work in a bid to get him to sustain Stone’s claim he was the go-between with WikiLeaks. And Stone has said some of his campaign finance expenses were about throwing people who needed money some work.

In yesterday’s complaint, Corsi names not Helderman, but Manuel Roig-Franzia, along with Bezos.

Defendant Franzia is an individual, a reporter of WaPo working under and at the direction of Defendant Bezos and is on information and belief a citizen of Washington D.C.

Corsi names Franzia (who has done extensive interviews with Stone) because he’s the one who called Corsi about the allegations. Corsi claims that the day after Franzia called, Alex Jones’ daddy stopped paying him $15,000 a month.

Furthermore, on January 17, 2019, Defendant Franzia on behalf of Defendant WaPo telephoned Plaintiff Corsi to question him about information that Defendant WaPo had obtained from unspecified sources in the Office of the Special Counsel that Defendant Mueller was investigating monthly payments, which were characterized falsely and maliciously published as hush payments to Dr. Corsi so he would not provide “incriminating evidence,” about Alex Jones, InfoWars and Roger Stone before Defendant Mueller and the grand jury. These hush money payments to Plaintiff Corsi were maliciously and falsely represented to be made by Dr. David Jones, father of Alex Jones of InfoWars.

Defendant Franzia grilled Plaintiff Corsi about details of his relationship with InfoWars, David Jones, and Alex Jones. He indicated that his sources in the Office of the Special Counsel, and working under Defendant Mueller’s direction, told him Dr. David Jones was paying Dr. Corsi to influence and/or suppress and/or misrepresent and falsify his testimony to Defendant Mueller’s prosecutors and/or the FBI regarding Alex Jones and/or Roger Stone, as well as other government authorities.

Defendant Franzia told Plaintiff Corsi that Defendant WaPo that he had learned from the Special Counsel that Dr. Corsi was still today being paid $15,000/month by Dr. Jones.

As a direct result of Defendant Franzia and Defendant WaPo’s actions, directed by Defendant Bezos and carried out by Defendant Franzia and WaPo, working in concert with Defendant Mueller and the other Defendants, the very next day Plaintiff Corsi learned from Dr. David Jones that he was being terminated and would no longer be receiving $15,000 per month.

So rather than being cut off because Corsi testified against Roger Stone, he was cut off (in this fabulous complaint) because the WaPo is going to write that up.

While Infowars claims the hush money timing doesn’t make sense — because the payments started well before Corsi was subpoenaed — they actually time up to when Corsi may have deleted his pre-October 11, 2016 emails and when SSCI announced an investigation in January 2017. And Corsi seems to agree that his six months of severance got cut off (which he calls “terminatied”) sometime in the last month, in the wake of his revelations about his grand jury testimony.

Even as this is happening, Corsi is both trying to reassure Stone that prosecutors told him they would not be able to use his testimony that his August 2016 memo targeting the Podestas was a cover story.

And trying to back the Infowars/Stone claim that he was getting paid $15,000 a month not to work as part of a severance agreement.

And from this intra-rat-fucking fuckery, Corsi manufactures a $800,000,000,000,000 claim for punitive damages out of Bezos. And he does this, remarkably, even while claiming that Bezos’ company, Amazon, is a victim of the relentless Robert Mueller, because Amazon got a subpoena for a copy of the hard cover copy of Corsi’s book (which must differ from the online version that is already out).

Defendants have also threatened threatened Amazon.com, a distributor of Plaintiff Corsi’s new book, “Silent No More: How I Became a Political Prisoner of Mueller’s ‘Witch Hunt,’” published by Post Hill Press, with a subpoena to obtain a pre-publication copy of the hardback in-print version of the book when Defendant Mueller and the FBI federal could very easily obtain an already in print copy of the ebook and/or audiobook version of the same book on the internet. [my emphasis]

So Bezos is both villain and victim in Corsi’s fevered imagination. But being a victim won’t get him off the hook for $800,000,000,000,000 in damages.

I find the targeting of Bezos, coming in the same week that National Enquirer did a hit job on his affair, curious timing.

I also find one other detail of this amended complaint worthy of notice.

A big part of Corsi’s lawsuit is premised on the nonsense claim that Mueller leaks.

One of the paragraphs that got amended (the Ali Dukakis reference was always there) now works in a detail about last week’s BuzzFeed story, using the BuzzFeed story to substantiate Corsi’s claim Mueller leaked about him.

For instance, and as just one example, an article published by ABC News titled “Conspiracy Theorist Becomes Key Figure as Mueller Builds Case” contains confidential information regarding the grand jury proceedings about Plaintiff Corsi that could only possibly have come from Defendant Mueller.3 Consistent with the leaks concerning Plaintiff Corsi, it was recently revealed that a major leak concerning President Donald J. Trump was made by Defendant Mueller to BuzzFeed, namely that the president had ordered his private legal counsel Michael Cohen to lie to congressional committees over the Trump organization’s business dealings with Russia. After calls for a U.S. Justice Department investigation of this leak in particular – notwithstanding that the undersigned counsel had already filed complaints on behalf of Plaintiff Corsi and others concerning the Special Counsel’s continuing and harmful criminal grand jury leaks among other allegations of prosecutorial misconduct and illegality – Defendant Mueller, to try to cover his illegal tracks and head off a Department investigation by the Office of Professional Responsibility and Inspector General — falsely repudiated what BuzzFeed had reported were indeed leaks from the Special Counsel.

That is, along with all the other shit in this complaint, Corsi is now suggesting that BuzzFeed’s story (which public evidence suggests likely came from SDNY sources) is proof that Mueller leaks because for the first time ever Peter Carr issued a correction probably in part to make it clear that Mueller wasn’t the source for the story.

And, curiously, Corsi makes that claim based on the representation that everyone was calling for a leak investigation on Friday. As far as I know, such calls really began when Rudy mentioned it on a Sunday show, which Ben Smith then pointed back to in his Reliable Sources appearance later that day.

Don’t get me wrong. I have zero doubt there will be a leak investigation into this story. But Corsi seems to have more knowledge of that than other people. Which I find curious, for a guy complaining about leaks.

Look, I don’t expect anyone to make sense out of this gazillion dollar lawsuit. It was never a serious lawsuit — not even when it made unsupported claims about NSA surveillance and media leaks. But yesterday it became far more of a messaging vehicle, a messaging vehicle targeting the same targets that the President is targeting.

This may be all this pack of rat-fuckers has left. But the specific form of their conspiracies deserves some notice.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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Rudy Is Relying on Tapes to Claim Buzzfeed Is Phony: But There Aren’t Tapes of Everything

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Yesterday, I noted that Rudy could not be sure the Buzzfeed story was phony when Trump’s lawyers called Mueller’s office Friday, because the White House should have no knowledge of what Michael Cohen said in his interviews with law enforcement.

Today, the New Yorker provided Rudy’s latest splutter explaining why he believed he could be sure the story was phony.

Where are we now with Trump and Cohen and the BuzzFeed story, and your response to it?

I guess the BuzzFeed story—I don’t remember what it said about Cohen—but it said there was corroboration that the President talked to Cohen and told him to lie about, I guess it was, the Moscow proposal. There are no tapes, there are no texts, there is no corroboration that the President told him to lie. That’s why the special counsel said that the story was inaccurate. First time the special counsel has ever done that. As a prosecutor, having done that for fifteen years, that is quite a heavy rebuke of BuzzFeed. And the reality is that the President never talked to him and told him to lie. And I don’t know what Cohen is saying, but certainly the idea that two federal agents said that there was corroboration is totally untrue.

Did President Trump’s lawyers or you yourself reach out to the special counsel’s office after the story, as has just been reported?

I can’t discuss that. President Trump would not have done that. If anybody would have done it, obviously it would have been his lawyers, and I really can’t discuss that. That would be confidential.

Do you—

But I can tell you, from the moment I read the story, I knew the story was false.

Because?

Because I have been through all the tapes, I have been through all the texts, I have been through all the e-mails, and I knew none existed. And then, basically, when the special counsel said that, just in case there are any others I might not know about, they probably went through others and found the same thing.

Wait, what tapes have you gone through?

I shouldn’t have said tapes. They alleged there were texts and e-mails that corroborated that Cohen was saying the President told him to lie. There were no texts, there were no e-mails, and the President never told him to lie.

So, there were no tapes you listened to, though?

No tapes. Well, I have listened to tapes, but none of them concern this.

This passage explains everything we need to know both about why Mueller’s office set the bar on Cohen’s testimony where they did, and why the White House responded the way it did.

But it doesn’t mean Rudy can be certain that Cohen didn’t tell authorities that Trump ordered him to lie.

Remember that when Cohen was raided, Trump squealed like having his fixer raided was the biggest constitutional crime of the century. Both Trump Org and Trump himself insisted on paying $1 million to get a special master appointed to conduct the privilege review.

The results were expansive and seemingly an expensive dud for Trump. Special Master Barbara Jones ended up finding just 7,434 items out of boxes and boxes of evidence to be privileged. There were 57 other items Trump and friends wanted to claim were privileged, but not enough to argue why they were publicly.

In her summary, Jones described that altogether 7,434 items had been deemed privileged. Trump and or Cohen had objected to Jones’ designations with regards to 57 items, but were unwilling to fight to have Wood overrule Jones’ designation if their arguments would be public.

It was part way through the Special Master process when Cohen started talking about being abandoned by Trump and warming up to flipping on the guy he had been loyal to for so long.

On July 2 and July 13, Jones started releasing big chunks of non-privileged items. Almost 2.2 million items were turned over. On July 10, Cohen moved to share all these materials with Guy Petrillo. By this point, Cohen felt he had been abandoned by Trump and was preparing to flip against his client. July 23 is when Jones reported that Cohen and Trump had withdrawn designations of privilege with respect to 12 audio files, which were then released to the government (and began to be leaked on cable shows).

I guess I was wrong when I said this process was an expensive dud. Trump’s lawyers weren’t using it to assert privilege over stuff they knew was mostly not.

They were using it to assess how much damage Cohen could do to the President. Once they reviewed that discovery, they recognized they didn’t have to continue to dangle a pardon for Cohen, because there wasn’t documentary or recorded evidence to back up the most damning allegations he might make against the President. It’d just be Cohen’s word against Trump’s.

And that’s the basis on which the White House contacted Mueller’s office Friday: Having reviewed everything seized from Cohen’s raid, including any tapes Cohen made of conversations with Trump, they believed they could assert to Mueller’s office that the Buzzfeed story was not true.

This also explains why Mueller set the bar on Cohen’s allocution where he did. Cohen may well have told Mueller that he believed Trump ordered him to lie. Trump likely did! Certainly, Rudy is not denying that happened. But unless Cohen recorded that conversation — as he did for the hush payments — then Mueller is not going to set himself up to have to prove that. That necessarily partly explains (in addition to the issues I raised here) the difference in how SDNY allocuted Cohen and how Mueller did. SDNY has tapes, courtesy of Cohen, of Trump ordering him to pay off his sex partners; Mueller does not have tapes, courtesy of Cohen, of Trump ordering Cohen to lie to Congress.

That said, Rudy still should have no basis for asserting what Cohen has said to one or another law enforcement agent. While it’s not clear what Cohen’s status was at various times of this process, he would only have been recorded by the FBI if he was in custody. And the White House should not have his 302s (nor might they have all the other materials from others who have been interviewed, though admittedly would have lot from having done Trump Organization’s document production and being in a joint defense agreement with most of the relevant people).

One more thing: The degree to which Rudy emphasizes that Trump would not have reached out to Mueller’s office makes me believe we’re shortly going to learn he did reach out to Big Dick Toilet Salesman Matt Whitaker.

President Trump would not have done that.

That’s one of the most logical explanations for the currently contradictory messages coming from seemingly official DOJ sources about what Rod Rosenstein’s office did.

Epic cheap-ass Donald Trump paid $500,000 to figure out whether Michael Cohen had recorded the most damning conversations between them. But it was worth it! He paid it to be able to do what he did Friday, demand a statement disclaiming what is obviously true: that has Trump repeatedly suborned perjury from his advisors to hide what he did with Russia.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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