The Nunberg Subpoena: Is He Protecting Bannon, Rather than Trump?

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This WaPo article reporting that Sam Nunberg will refuse to appear before the Grand Jury on Friday confirms that the subpoena everyone reported on was his.

In an interview with The Washington Post, Nunberg said he was asked to come to Washington to appear before the grand jury on Friday. He also provided The Washington Post a copy of his two-page grand jury subpoena seeking documents related to President Trump and nine other people, including emails, correspondence, invoices, telephone logs, calendars and “records of any kind.”

Nunberg, who was reportedly already interviewed by Mueller’s team, says he’s not going to show up.

“Let him arrest me,” Nunberg said. “Mr. Mueller should understand I am not going in on Friday.”

You’d think he was doing this in hopes that Trump might protect him, except this kind of stuff is not the way to elicit favors from Trump.

“The Russians and Trump did not collude,” Nunberg said. “Putin is too smart to collude with Donald Trump.”

[snip]

“Donald Trump won this election on his own. He campaigned his ass off. And there is nobody who hates him more than me.”

Which is why I wonder whether Nunberg’s refusal to testify has more to do with protecting Bannon, with whom he’s still quite chummy, than the President.

“I’m not spending 80 hours going over my emails with Roger Stone and Stephen K. Bannon and producing them,” Nunberg said.

Among those listed in Nunberg’s subpoena, Bannon almost the only one who was a mild surprise.

  1. Carter Page
  2. Corey Lewandowski
  3. Donald J. Trump
  4. Hope Hicks
  5. Keith Schiller
  6. Michael Cohen
  7. Paul Manafort
  8. Rick Gates
  9. Roger Stone
  10. Steve Bannon

Most people on the list are known to be subjects of the investigation. Hicks (who probably is the subject of the obstruction investigation anyway) and Schiller are the two people closest to Trump at key times during the campaign. And Lewandowski was involved in managing the outreach to Europe for key periods of the campaign (and is really squirrelly about what he did after the campaign).

Which leaves Bannon, who was involved in some key meetings during the transition, and whose opposition to the Trump meeting was always about Don Jr and Manafort not involving lawyers than opposition to obtaining stolen emails generally.

15 Months and 15,000 Words Later, Boosters Still Obscure the Timeline on the Steele Dossier

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Jane Mayer is a great journalist. But in a 15,000 word profile on Christopher Steele and his dossier, she adds just two new bits of news, and along the way muddles the timeline as badly as all the Steele boosters who have gone before her.

The Singer feint

Mayer emphasizes something that Democrats have: that the Fusion project on Trump was initiated by right wing billionaire Paul Singer, not the Democrats.

[I]n the spring of 2016, Steele got a call from Glenn Simpson, a former investigative reporter for the Wall Street Journal who, in 2011, had left journalism to co-found Fusion GPS. Simpson was hoping that Steele could help Fusion follow some difficult leads on Trump’s ties to Russia. Simpson said that he was working for a law firm, but didn’t name the ultimate client.

The funding for the project originally came from an organization financed by the New York investor Paul Singer, a Republican who disliked Trump. But, after it became clear that Trump would win the Republican nomination, Singer dropped out. At that point, Fusion persuaded Marc Elias, the general counsel for the Clinton campaign, to subsidize the unfinished research. This bipartisan funding history belies the argument that the research was corrupted by its sponsorship. [my emphasis]

This is misleading, of course, as is Mayer’s use of the term “spring.” That’s because, as least according to the public record, Steele wasn’t brought on to the project until after Democrats started funding the dossier. Yes, Singer started funding the oppo research on Trump, but not the paid HUMINT that got leaked in early 2017.

The continued silence about Guccifer 2.0

One reason all this matters is because of the way Mayer ignores the same thing every other Steele booster did: the release of Democratic documents by Guccifer 2.0 on June 15. Mayer, like all the other boosters, jumps immediately from the (erroneous) WaPo reporting on the DNC hack to the WikiLeaks release.

On June 14, 2016, five days after the Trump Tower meeting, the Washington Post broke the news that the Russians were believed to have hacked into the Democratic National Committee’s e-mail system. The first reports were remarkably blasé. D.N.C. officials admitted that they had learned about the hack months earlier. (It later surfaced that in November of 2014 Dutch intelligence officials had provided U.S. authorities with evidence that the Russians had broken into the Democratic Party’s computer system. U.S. officials reportedly thanked the Dutch for the tip, sending cake and flowers, but took little action.) When the infiltration of the D.N.C. finally became public, various officials were quoted as saying that the Russians were always trying to penetrate U.S. government systems, and were likely just trying to understand American politics better.

The attitudes of Democratic officials changed drastically when, three days before the start of the Democratic National Convention in Philadelphia, WikiLeaks dumped twenty thousand stolen D.N.C. e-mails onto the Internet. The e-mails had been weaponized: what had seemed a passive form of spying was now “an active measure,” in the parlance of espionage.

As I’ve noted, repeatedly, the first Steele report, dated June 20 and so completed on the same day Guccifer 2.0 promised to release a “dossier” of his own on Clinton, describes the dirt Russians were peddling as old FSB intercepts, not recent hacked emails. The Steele report remained way behind public contemporaneous reporting on the hack-and-leak, and by jumping right to Wikileaks, boosters avoid dealing with several more reports that conflicted with known public facts.

So Guccifer 2.0 not only proves Steele’s sources were at best misinformed about the operation against Clinton and possibly even peddling disinformation, but — particularly given Simpson’s assertion that the Democrats were using the dossier to “understand what the heck was going on” it might have led Democrats to be complacent as they considered how to respond to the DNC hack.

The continued silence about precisely when Simpson hired Steele

The timing about when in “spring” Simpson hired Steele matters for one more reason. As I laid out here, Perkins Coie’s hiring of Simpson closely coincides with the time Perkins Coie and their clients, the Democrats, met with the FBI on the hack and asked for, but did not get, a public announcement about Russia being the culprit. But we don’t know which came first and what relationship there was between them (though Simpson seems to suggest there was one).

Given how many pieces relying on Simpson and the Democrats as sources we’ve seen, the continued inability to nail down which came first, the FBI refusal to attribute the hack or the hiring of Steele, is notable.

When a misleading “spring” turns into a misleading “late summer”

Perhaps the most remarkable move in this piece comes with Mayer’s claim (after admitting that she was among the reporters who got briefed by Steele in “late summer”) that no news outlet reported based off Steele’s allegations.

In late summer, Fusion set up a series of meetings, at the Tabard Inn, in Washington, between Steele and a handful of national-security reporters. These encounters were surely sanctioned in some way by Fusion’s client, the Clinton campaign. The sessions were off the record, but because Steele has since disclosed having participated in them I can confirm that I attended one of them. Despite Steele’s generally cool manner, he seemed distraught about the Russians’ role in the election. He did not distribute his dossier, provided no documentary evidence, and was so careful about guarding his sources that there was virtually no way to follow up. At the time, neither The New Yorker nor any other news organization ran a story about the allegations.

Unless she is playing word games here (perhaps meaning “allegations” to refer exclusively to the pee tape), it’s mindboggling she made this claim. A key part of the debate over the Nunes memo in the last month (she makes reference to the Schiff memo, so she has to be aware of this) is about what Michael Isikoff’s September 23 article — which itself relied on Steele’s reporting — is doing in the FBI’s application for a FISA order on Carter Page. Isikoff first admitted his reporting relied on Steele days after the dossier was leaked. In the wake of the Nunes memo release, Isikoff admitted that in even more detail.

Mayer’s quasi bombshell

Which brings us to one of the two new pieces of news. Mayer reports on an additional report Steele did in late November that reports a MFA claim that Russia vetoed Mitt Romney as Secretary of State.

One subject that Steele is believed to have discussed with Mueller’s investigators is a memo that he wrote in late November, 2016, after his contract with Fusion had ended. This memo, which did not surface publicly with the others, is shorter than the rest, and is based on one source, described as “a senior Russian official.” The official said that he was merely relaying talk circulating in the Russian Ministry of Foreign Affairs, but what he’d heard was astonishing: people were saying that the Kremlin had intervened to block Trump’s initial choice for Secretary of State, Mitt Romney. (During Romney’s run for the White House in 2012, he was notably hawkish on Russia, calling it the single greatest threat to the U.S.) The memo said that the Kremlin, through unspecified channels, had asked Trump to appoint someone who would be prepared to lift Ukraine-related sanctions, and who would coöperate on security issues of interest to Russia, such as the conflict in Syria. If what the source heard was true, then a foreign power was exercising pivotal influence over U.S. foreign policy—and an incoming President.

Mayer goes on to raise reasons to doubt the credibility of this report — not least, that Trump never liked Romney (and especially had it in for Mormons in the wake of the election, when Mormons were among the most vocal opponents to Trump) — but she presents them as details that might corroborate the report.

As fantastical as the memo sounds, subsequent events could be said to support it. In a humiliating public spectacle, Trump dangled the post before Romney until early December, then rejected him. There are plenty of domestic political reasons that Trump may have turned against Romney. Trump loyalists, for instance, noted Romney’s public opposition to Trump during the campaign. Roger Stone, the longtime Trump aide, has suggested that Trump was vengefully tormenting Romney, and had never seriously considered him. (Romney declined to comment. The White House said that he was never a first choice for the role and declined to comment about any communications that the Trump team may have had with Russia on the subject.) In any case, on December 13, 2016, Trump gave Rex Tillerson, the C.E.O. of ExxonMobil, the job. The choice was a surprise to most, and a happy one in Moscow, because Tillerson’s business ties with the Kremlin were long-standing and warm. (In 2011, he brokered a historic partnership between ExxonMobil and Rosneft.) After the election, Congress imposed additional sanctions on Russia, in retaliation for its interference, but Trump and Tillerson have resisted enacting them.

I’m curious, however, by a bigger question, which first leads me to the other consistent timing issue in Steele booster narratives.

The continued virgin birth of the December 13 report

Mayer tells the standard narrative of how Steele had Sir Andrew Wood brief John McCain on the dossier, which led to David Kramer obtaining it.

The week before Thanksgiving, Wood briefed McCain at the Halifax International Security Forum. McCain was deeply concerned. He asked a former aide, David Kramer, to go to England to meet Steele. Kramer, a Russia expert who had served at the State Department, went over the dossier with Steele for hours. After Kramer promised to share the document only with McCain, Steele arranged for Kramer to receive a copy in Washington. But a former national-security official who spoke with Kramer at the time told me that one of Kramer’s ideas was to have McCain confront Trump with the evidence, in the hope that Trump would resign. “He would tell Trump, ‘The Russians have got you,’ ” the former official told me. (A lawyer for Kramer maintains that Kramer never considered getting Trump to resign and never promised to show the dossier only to McCain.) Ultimately, though, McCain and Kramer agreed that McCain should take the dossier to the head of the F.B.I. On December 9th, McCain handed Comey a copy of the dossier. The meeting lasted less than ten minutes, because, to McCain’s surprise, the F.B.I. had possessed a copy since the summer. According to the former national-security official, when Kramer learned about the meeting his reaction was “Shit, if they’ve had it all this time, why didn’t they do something?” Kramer then heard that the dossier was an open secret among journalists, too. He asked, “Is there anyone in Washington who doesn’t know about this?” [my emphasis]

After including the denial that Kramer promised exclusivity to McCain (bolded above), Mayer lays out what has become the presumptive story on how BuzzFeed got the dossier, from Kramer.

By a process of elimination, speculation has centered on McCain’s aide, Kramer, who has not responded to inquiries about it, and whose congressional testimony is sealed.

Except all that would support Kramer leaking a dossier in its December 9 form, not a dosser in its December 13 form, which is what we got.

The question is all the more pressing, because we now know that there’s another version of the dossier, one that might include the late November report but not (yet) the December 13 report, which may be how the FBI obtained it.

The other scoop: a different murder?

So there are two scoops: the report that Russian chatter took credit for Trump humiliating Mitt Romney, which might be true (in spite of all the reasons to believe it’s not), or might instead be more disinformation, in this case disinformation that served Russian bureaucrats’ self-interest in looking good for Putin.

The other scoop is that, while Mayer notes there is no evidence that Oleg Erovinkin was a Steele source, there may be another death that Mueller is investigating in relation to the dossier.

No evidence has emerged that Erovinkin was a Steele source, and in fact Special Counsel Mueller is believed to be investigating a different death that is possibly related to the dossier.

None of the two known potentially suspicious American deaths, that of Seth Rich or Peter Smith, would seem to match the dossier timeline. There are, however, a few other Russians that might be potentially related deaths.

I’d love to see a 15,000 word piece that finally answers some of these questions about the dossier. But for now we’ve just got my neverending pieces asking the questions.

The Mueller Subpoena Starts at the Moment a Real Estate Deal in Moscow Might Get Trump Elected

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Axios got a copy of a subpoena someone got from Robert Mueller last month. It asks for all communications (including handwritten notes) “this witness sent and received regarding the following people.” The list of people includes a lot of people you’d expect, but it’s missing a few:

  1. Carter Page
  2. Corey Lewandowski
  3. Donald J. Trump
  4. Hope Hicks
  5. Keith Schiller
  6. Michael Cohen
  7. Paul Manafort
  8. Rick Gates
  9. Roger Stone
  10. Steve Bannon

Cooperating witnesses George Papadopoulos and Mike Flynn aren’t on this list, but cooperating witness Rick Gates is (which may date the subpoena to before Gates flipped on February 23). The order is of particular interest (or, maybe they’re just alpha order by first name): Page, the long term suspected Russian asset, followed immediately by Lewandowski, who was in the loop on the stolen email offer, followed by the President and those closest to him, followed by Manafort and his closest aide. Then Stone and then — in the same month he gave 20 hours of testimony — Bannon.

Neither Don Jr nor Kushner is on this list. Given the emphasis on communications “regarding” the listed people, and given the way that Abbe Lowell purposely avoided giving “about”communications to Congress (and possibly to Mueller), and also given that Jonathan Swan is Axios’ key White House scoopster, I actually don’t rule out the witness being Jared. Or, as I joked on Twitter, like Flynn and Papadopoulos, maybe he has already flipped and so isn’t on this list.

Whoever it is, the absences on the list are probably a function of who is legitimately in this person’s circle.

Perhaps most telling, however, is the timing: November 1, 2015, to the present. Recall that on November 3, sometime FBI informant Felix Sater sent Michael Cohen (on the list) an email promising that a real estate deal in Moscow might lead to Trump becoming President. (Here’s the original WaPo scoop on the story.)

On November 3, 2015, two months before the GOP primary started in earnest and barely over a year before the presidential election, mobbed up real estate broker and sometime FBI informant Felix Sater emailed Trump Organization Executive Vice President and Special Counsel to Trump, Michael Cohen. According to the fragment we read, Sater boasts of his access to Putin going back to 2006 (when the Ivanka incident reportedly happened), and said “we can engineer” “our boy” becoming “President of the USA.”

[snip]

Mr. Sater, a Russian immigrant, said he had lined up financing for the Trump Tower deal with VTB Bank, a Russian bank that was under American sanctions for involvement in Moscow’s efforts to undermine democracy in Ukraine. In another email, Mr. Sater envisioned a ribbon-cutting ceremony in Moscow.

“I will get Putin on this program and we will get Donald elected,” Mr. Sater wrote.

That’s the start date Mueller uses for potential communications among people including Trump’s closest aides, including Cohen (but not including Sater) in the Russian investigation.

Update: Adding, we know that on October 21, 2016, the FBI had investigations into Manafort, Page, Stone, and possibly Gates. Is it possible this list is the sum of all those against whom sub-investigations have been opened (or were at the time this subpoena was issued)?

Reality Winner Seeks to Use Trump’s Denials of Russian Hacking in Her Defense

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Last week, Reality Winner had a hearing on her bid to get her interview with the FBI thrown out because they didn’t issue her a Miranda warning (Kevin Gosztola covered and discussed it on Democracy Now). Given the precedents on Miranda, I think that bid is unlikely to succeed.

But there is a tack her defense is taking that, as far as I’ve seen, has gotten no notice, one that is far more interesting. Winner is seeking to use Trump’s comments denying that the Russians hacked the election to argue the document she is accused of leaking to The Intercept isn’t actually National Defense Information, the standard the government has to prove to secure an Espionage conviction.

In her discovery requests, Winner asked for three (entirely redacted) categories of documents “reflecting statements made by high-ranking governmental officials regarding information contained in the document,” all of which were denied (see PDF 87).

A discovery appeal submitted in January (but only released on February 13) makes clear that Winner’s defense attorneys are going to argue that the intelligence in the report she is accused of leaking cannot be National Defense Information because the President’s statements would be taken to suggest the intelligence is not true.

However, high-ranking government officials, including the President of the United States, have made statements undermining and/or contradicting that contention. 44 That, is of great import because, if the information in the Document is inaccurate (as the President and other high-ranking officials have said), it cannot be NDI. While the defense may seek to capture some of this information in the public domain, 45 it cannot capture statements made privately by these high-ranking officials.

Bill Leonard, the former head of the federal classification authority, ISOO, who has served as expert witness on two other cases involving Espionage charges, laid out the logic of the argument this way (PDF 102-3)

[T]here are governmental actors, including high-level governmental actors (such as the President of the United States), that have made conflicting and/or contradicting statements in comparison to the Government’s position here. In other words, these high-level governmental officials have made statements undermining the veracity of the information contained in the Document, which would impact whether the Document actually contains “national defense information” because, if inaccurate, the Government’s contention that its disclosure could harm the national security of the United States would be severely undermined. Indeed, the President is the highest level of authority in our classification system and has virtually unrestricted access to information in our intelligence system. He is, therefore, in the best position to know the particulars of any piece of intelligence, including its sensitivity and its veracity. Consequently, records reflecting statements made by high-ranking governmental officials, including and in particular, the President of the United States, relating to the information contained in the Document (including statements contradicting the truth or veracity of the information at issue) are highly relevant and are critical to the determination of whether or not it is closely held and/or whether or not its disclosure would potentially damage the national security.

There are a number of other challenges the government is facing with this case (not least that — as I’ve pointed out — similar information has been leaked to the press without any apparent prosecution arising from it).

But Trump’s self-interested denials are the most interesting. After all, he cannot admit that Russia affected the election, because he has staked so much on the claim that that will lessen his legitimacy (not to mention any risk such an admission exposes him to in the Mueller investigation). As Leonard notes, the entire classification system is built on presidential authority, and if he says something isn’t true, it will seriously undermine any claim a prosecutor can make at trial that Winner leaked true National Defense Information.

Effectively, some prosecutor will be in a position of having to point out what we all know, that the President is a liar. Given Trump’s propensity towards rage-induced firings, I imagine the government would like to avoid this pickle.

The Competing Hope Hicks White Lies Stories

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Since the NYT reported Hope Hicks admitting to telling white lies for Donald Trump in her House Intelligence Committee testimony Tuesday, the press has provided at least four different versions of the story. The competing versions make the exchange worthy of a public release of her transcript, though I doubt we’ll ever see that. So, particularly given that this exchange seems to have led Trump to bawl out Hicks, leading to her resignation, I wanted to lay out the competing versions here.

The first version, from the NYT and obviously telling the Democratic perspective, emphasizes Hicks’ consultation with her lawyers.

Hope Hicks, the White House communications director, told House investigators on Tuesday that her work for President Trump, who has a reputation for exaggerations and outright falsehoods, had occasionally required her to tell white lies.

But after extended consultation with her lawyers, she insisted that she had not lied about matters material to the investigations into Russia’s interference in the 2016 presidential election and possible links to Trump associates, according to three people familiar with her testimony.

The exchange came during more than eight hours of private testimony before the House Intelligence Committee. Ms. Hicks declined to answer similar questions about other figures from the Trump campaign or the White House.

CNN provides Chris Stewart’s version, which describes the Republicans providing her a way to answer a very narrow non-denial denial pertaining to “the Russian investigation” but not necessarily “Russia.”

“It truly was just a setup of this witness, who was trying to be forthright and honest,” Utah Rep. Chris Stewart told CNN’s Wolf Blitzer on Friday. “The question was so broad. It was, ‘In any circumstances, regardless of what it might be, have you ever felt any pressure to be deceitful or to be dishonest regarding any subject?’ And she answered it honestly. And that is, anyone in that circumstance, there is none of us in our lives that can say we have always been 100% honest.”

Stewart said upon hearing the question, his Republican colleagues intervened: “We realized that this was, frankly, just a setup and that it was designed to make a headline, so we asked her specifically — we interjected — we are talking about this investigation with Russia, regarding collusion or conspiracy, regarding the hacking of the DNC.”

After they narrowed the question to those areas, Hicks was “adamant,” he said, recalling that she answered: “‘No, absolutely not.'”

The WaPo, which provides the version of Eric Swalwell, who posed the question (as well as Peter King, but that’s far less interesting), describes that Hicks admitted to lying for Mike Flynn but stayed silent about every other Trump official.

The one exception she made, according to Rep. Eric Swalwell (D-Calif.), was acknowledging that former Trump national security adviser Michael Flynn had asked her during the transition period to dissemble about questions he was getting regarding his conversations with the Russian ambassador, Sergey Kislyak.

She claimed that she did not know she was being asked to lie but that she felt Flynn was being “dishonest,” Swalwell said.

Swalwell said Hicks did not answer when he asked why she would refuse to say whether other aides had asked her to lie when she was willing to speak about Flynn, or whether she had ever witnessed Trump asking others to lie for him.

And CBS provides the versions of Tom Rooney and another Swalwell version, which puts the question in immediate context of a Swalwell question about whether she was “loyal” to Trump (something asked of all close Trump aides in the wake of the Comey firing) and shows that Hicks’ lawyer offered up the “no with respect to the Russian investigations” line, one which Rooney then repeated.

Swalwell said — and Rooney acknowledged — that Rooney was not in the room for the very beginning of the questioning, which began with Swalwell asking Hicks about her relationship with Mr. Trump. He said he asked whether Hicks and Mr. Trump had a “typical” employer-employee relationship.

“She said, ‘Nothing is typical about it,'” given the number of hours she spends with the president and the nature of his role, Swalwell said.

He said he then asked if Hicks was “loyal” to the president, and she asked what he meant by the term.

“I think loyalty is being committed to somebody,” Swalwell said, and asked, in turn, if she was “committed” to the president.

“She said, ‘Yes, fully,'” Swalwell said.

It was then that he asked whether the president had ever asked Hicks to lie for him. Hicks and her counsel then conferred for “five to ten minutes,” and she responded, according to Swalwell, by saying, “I have never been asked to lie with respect to the Russia investigation.”

Rooney said he objected at the time to the breadth of Swalwell’s question and engaged in a “back and forth” with Swalwell and House Intelligence Committee Ranking Member Adam Schiff, D-California. Rooney asked aloud whether the question meant if Mr. Trump had ever asked Hicks to tell someone he was busy, or on the phone, or not around, or to answer, ‘Does this suit make me fat?’

An appropriate question, and one which would fit within the parameters of what the committee was investigating, Rooney said, would have been specific to its Russia investigation.

“So I asked her specifically with regard to the substance of our investigation,” whether she had been asked to lie, and she said ‘No,'” Rooney said.

The exchange comes in the wake of the report that Mueller’s team has been asking about Hicks’ comment, just after the election, that no one from the campaign had met with Russian officials. If Trump (or any of the other people listed by Swalwell) had asked her to lie then, it would not count as a lie about the investigation, though it would be a lie about Russia. Unless she, in turn, lied about the lie to Mueller’s people.

Presumably, Trump got so angry just because Hicks made him look like a liar, and not because he has thought through the implications of what Swalwell presumably has (and probably a few of the Republicans making excuses now).

But Hicks has now committed to a story that suggests the lie about the Sergey Kislyak conversation came from Flynn and not someone else, someone like Kushner or Trump himself, even while she has dodged answering about whether any of those other people asked her to lie about that or similar issues.

Thug, Mob, Rogue: Trump Organization’s Own Description of Its Panama Hotel

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While Trump and his son-in-law (and a number of his cabinet members) have clearly been profiting personally from Trump’s presidency (see my NYT op-ed on Jared’s woes), thus far their pursuit of self-interest hasn’t caused any international incidents (moving the US embassy to Jerusalem has come closest).

The scuffle between the Trump organization and the majority owner of the Panama City Trump hotel might just change that.

The problems go back aways (I’ll lay out some of the timeline below). But the short version is that the majority owner of the property, Orestes Fintiklis, got the other owners to vote to fire the Trump Organization in October, claiming the diminished brand and (importantly) a bad sales strategy is part of why the property is at less than 30% occupancy. The Trump Organization (screaming RICO) tried to force the matter into arbitration in December. And Fintiklis has now sued in SDNY to prevent that.

Things started getting crazy a week ago Thursday, when Fintiklis tried to fire the Trump employees, then cut off power, and then got the Panamanian government to side with him and arrest a Trump employed security guard. Significantly, the two sides are fighting over the control room and Fintiklis alleges that Trump employees are shredding documents.

Two people familiar with Fintiklis’s account said that, after his arrival, hotel employees barricaded office doors with furniture, and they added that documents were shredded. The two people said Trump Organization employees — including an executive who flew down from New York City — also blocked access to a control room that houses servers and surveillance-camera monitors.

This room, the two people said, is shared by the hotel operation and the managers of the residential side of the building, which is no longer operated by the Trump Organization.

I find that interesting given the Reuters report, from last November, describing how Ivanka put a Brazilian money launderer with ties to Russian organized crime, Alexandre Ventura Nogueira, in charge of many of the advanced sales in the project.

A Reuters investigation into the financing of the Trump Ocean Club, in conjunction with the American broadcaster NBC News, found Nogueira was responsible for between one-third and one-half of advance sales for the project. It also found he did business with a Colombian who was later convicted of money laundering and is now in detention in the United States; a Russian investor in the Trump project who was jailed in Israel in the 1990s for kidnap and threats to kill; and a Ukrainian investor who was arrested for alleged people-smuggling while working with Nogueira and later convicted by a Kiev court.

Three years after getting involved in the Trump Ocean Club, Nogueira was arrested by Panamanian authorities on charges of fraud and forgery, unrelated to the Trump project. Released on $1.4 million bail, he later fled the country.

He left behind a trail of people who claim he cheated them, including over apartments in the Trump project, resulting in at least four criminal cases that eight years later have still to be judged.

[snip]

When first approached by Reuters, Nogueira declined to answer questions. Writing on October 4, he said in an email: “Anything I would say could also damage a lot of important and powerful people. I am not sure I should do that.”

Later, Nogueira agreed to meet. In a lengthy interview, he described his contacts with the Trump family and his role in the Ocean Club project. He said he only learned after the Ocean Club project was almost complete that some of his partners and investors in the Trump project were criminals, including some with what he described as connections to the “Russian mafia.” He said he had not knowingly laundered any illicit money through the Trump project, although he did say he had laundered cash later in other schemes for corrupt Panamanian officials.

The role Nogueira played is similar to the one Sergey Millian played for a Trump property in LA, which basically amounts to artificially inflating the sales so as to be able to get the loans for the underlying property.

Two Democrats on the House Foreign Affairs Committee, Ranking Member Eliot Engel and Norma Torres, have decided to take this opportunity to ask the Trump Organization if it knew the Panama facility was being used as a money laundering vehicle.

With the possibility that Fintiklis will gain control of the facility before any records of money laundering get shredded, I want to look at the timeline the Trump Organization lays out in their statement on the fracas.

Just before the 2016 election, Fintiklis, who is Cypriot though has a residence in Florida, bought into a majority share in the hotel from the original owners. The Trump Organization could have blocked that sale but, no, they could not, because otherwise the hotel would go under.

In October 2016, the original developer of the Hotel, Newland International Properties Corp., notified Trump Hotels that it was actively negotiating a bulk sale of its remaining 202 units to a company controlled by Mr. Fintiklis. Because the Co-Ownership Regulations for the Hotel preclude any one person from owning more than ten units without Trump Hotels’ consent, Trump Hotels could have blocked the sale as a matter of right. Concerned, however, about the future of the Hotel and the fate of the Hotel’s highly dedicated and loyal staff, Trump Hotels agreed to allow the sale to proceed on one condition: that Mr. Fintiklis agree that he would not in any way attempt to interfere with Trump’s management of the Hotel or take any other steps to terminate its management agreement.

So weeks after Trump became President, Fintiklis agreed to the terms of the sale and eventually finalized the purchase in August.

In February 2017, Mr. Fintiklis agreed, in writing, to these terms and, in August 2017, closed on the purchase of the units, becoming the owner of 202 of the 369 hotel units.

At that time, last August, Fintiklis spoke in rosy terms of the deal, including the hotel operator (that is, Trump).

We are excited to welcome such an iconic property to our investment portfolio and we look forward towards working with the local team, the hotel operator and the Panama community, to establish the Property as the premier hotel in the country and the entire region.

The Trump Organization accuses Fintiklis of orchestrating a conspiracy to remove Trump Hotels from the property.

Unfortunately, within weeks of the closing, it became apparent to Trump Hotels that Mr. Fintiklis had other motives. Rather than abide by the clear terms of the agreement he had signed, Mr. Fintiklis had been conspiring with others to remove Trump Hotels as manager and fire most, if not all, of its loyal and dedicated employees. Looking back, it is now apparent that Mr. Fintiklis, in flagrant violation of the commitments he had made, never had any intention of keeping his word and had been plotting a takeover and termination of Trump Hotels all along.

On October 14, 2017, Mr. Fintiklis furthered his fraudulent scheme, calling a meeting of the hotel condominium under the false pretense of a “meet and greet” and used that moment to hold unlawful votes and declare Trump Hotels in default of the management agreement. Within minutes of the meeting concluding Mr. Fintiklis sent Trump Hotels a default notice and filed for arbitration to terminate the management agreement. Clearly, Mr. Fintiklis had been concocting and planning this scheme for months.

The Trump folks, too, emphasize that part of this fight is over the facility’s computer system.

Together, Mr. Fintiklis and Mr. Lundgren, over the past several days, have resorted to thug-like, mob style tactics, repeatedly attempting to force their way into Trump Hotels’ offices, infiltrate and disrupt its computer systems and threatening and intimidating any employee of the Hotel that resisted.

Now, the Trump Organization made less than a million dollars off management fees for this facility in the last year or so.

In his most recent personal financial disclosure, Trump said his company had received $810,000 in management fees over the preceding 15 ½ months.

They are not getting rich off this facility, certainly not rich enough to sustain the legal fight already brewing over retaining the contract.

These people are all douchebags and the brawling side show is fairly amusing. But it does seem that Fintiklis bought into something far more than a mostly empty hotel, and he’s now using it as leverage against the Trump family business.

The fight over the Trump Panama hotel seems to be as much about the fight over records that may show whether Ivanka knew she was involved in money laundering with Russian mobsters and Colombia narcotics traffickers as it is over who gets to run the mostly empty hotel.

Which is a reminder that it’s not just Robert Mueller who has Trump by the nuts.

NBC’s Broken Story about Mueller Charging the DNC Hackers

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NBC has a BROKEN story reporting that Robert Mueller is contemplating charges against the people who carried out the hack of the DNC (and other targets) in 2016.

Special Counsel Robert Mueller is assembling a case for criminal charges against Russians who carried out the hacking and leaking of private information designed to hurt Democrats in the 2016 election, multiple current and former government officials familiar with the matter tell NBC News.

Much like the indictment Mueller filed last month charging a different group of Russians in a social media trolling and illegal-ad-buying scheme, the possible new charges are expected to rely heavily on secret intelligence gathered by the CIA, the FBI, the National Security Agency (NSA) and the Department of Homeland Security (DHS), several of the officials say.

Mueller’s consideration of charges accusing Russians in the hacking case has not been reported previously. Sources say he has long had sufficient evidence to make a case, but strategic issues could dictate the timing. Potential charges include violations of statutes on conspiracy, election law as well as the Computer Fraud and Abuse Act. One U.S. official briefed on the matter said the charges are not imminent, but other knowledgeable sources said they are expected in the next few weeks or months. It’s also possible Mueller opts not to move forward because of concerns about exposing intelligence or other reasons — or that he files the indictment under seal, so the public doesn’t see it initially.

As they have frequently of late, they misunderstand the story they’re telling. They misunderstand this sentence, entirely.

Mueller’s consideration of charges accusing Russians in the hacking case has not been reported previously.

It’s not news, at all, that DOJ was considering charges against those who carried out the hack. Nor is it news that DOJ had enough evidence to charge people in it.

Here’s what WSJ reported on those two topics in November, almost exactly four months ago.

The Justice Department has identified more than six members of the Russian government involved in hacking the Democratic National Committee’s computers and swiping sensitive information that became public during the 2016 presidential election, according to people familiar with the investigation.

Prosecutors and agents have assembled evidence to charge the Russian officials and could bring a case next year, these people said. Discussions about the case are in the early stages, they said.

[snip]

The pinpointing of particular Russian military and intelligence hackers highlights the exhaustive nature of the government’s probe. It also suggests the eagerness of some federal prosecutors and Federal Bureau of Investigation agents to file charges against those responsible, even if the result is naming the alleged perpetrators publicly and making it difficult for them to travel, rather than incarcerating them. Arresting Russian operatives is highly unlikely, people familiar with the probe said.

So: not news that DOJ had pinpointed Russians responsible, not news they were planning on charges “next year” last year, which would mean, “this year” this year.

What is news is that this reporting from the WSJ report is no longer operative.

Federal prosecutors and federal agents working in Washington, Pittsburgh, San Francisco and Philadelphia have been collaborating on the DNC investigation. The inquiry is being conducted separately from Special Counsel Robert Mueller’s investigation of alleged Russian meddling in the 2016 election and any possible collusion by President Donald Trump’s associates.

[snip]

The Justice Department and FBI investigation into the DNC hack had been under way for nearly a year, by prosecutors and agents with cyber expertise, before Mr. Mueller was appointed in May. Rather than take over the relatively technical cyber investigation, Mr. Mueller and the Justice Department agreed that it would be better for the original prosecutors and agents to retain that aspect of the case, the people familiar with the Justice Department-FBI probe said. [my emphasis]

Mind you, we’ve since learned that Ryan Dickey got added to Mueller’s team … oh, in November. And contrary to what NBC says about the heavy reliance, in the Internet Research Agency indictment, “on secret intelligence gathered by the CIA, the FBI, the National Security Agency (NSA) and the Department of Homeland Security (DHS),” it really wasn’t all that sophisticated from a cybersecurity standpoint. Especially not once you consider the interesting forensics on it (aside from IDing the IRA’s VPNs) would have come from Facebook and Twitter.

You don’t need Dickey’s talents for the IRA indictment. You need him for something that is technical.

I’ll leave it for you to consider what it means that Mueller subsumed this part of the investigation even as WSJ was reporting he wasn’t going to do that. I’ll leave you to consider, too, what it means that they brought in a prosecutor with the ability to try these things.

But understand that the news here is not that DOJ is contemplating indicting the people behind the DNC hack. WSJ already scooped that story. It’s that Mueller, not prosecutors in Pittsburgh, San Francisco and Philadelphia, are going to charge it.

Mueller Wants to Know How Far the Game of Email Telephone Got within the Trump Campaign

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NBC has a story that has gotten a lot of people excited, reporting that Mueller’s team has been asking:

  • Policy towards Russia: Why Trump took policy positions that were friendly toward Russia and spoke positively about Russian President Vladimir Putin
  • Roger Stone: Whether Stone was aware of information the group had before it became public and when it might be released
  • Trump’s knowledge: Whether Donald Trump was aware that Democratic emails had been stolen before that was publicly known, and whether he was involved in their strategic release

I think this story is both less and more than people are making it out to be.

It’s being overhyped for its facial value. Of course Mueller is going to ask about what the president knew and when he knew it. Of course he’s going to chase down whether Roger Stone’s repeated claims to know what was coming were bluster or not.

But on at least two counts, I think there’s more to this story than meets the eye.

First, as I noted when George Papadopoulos’ plea came out, the FBI charged the former foreign policy advisor for lying about whether he had been told of dirt on Hillary in the form of emails (which we now know they said they might anonymously leak to help Trump) before or after he joined the campaign. That they believed this important enough to charge suggests that, after two full months of cooperation, they got the answer they expected.

FBI found those lies to be significant enough to arrest him over because they obscured whether he had told anyone on the campaign that the Russians had dirt in the form of Hillary emails.

To be sure, nothing in any of the documents released so far answer the questions that Papadopoulos surely spent two months explaining to the FBI: whether he told the campaign (almost certainly yes, or he wouldn’t have lied in the first place) and when (with the big import being on whether that information trickled up to Paul Manafort and Jared Kushner before they attended a meeting on June 9, 2016 in hopes of obtaining such dirt).

I’m sure that’s intentional. You gotta keep everyone else guessing about what Mueller knows.

But we can be pretty sure what the answers are.

There’s no way Papadopoulos’ plea would have been rolled out in the way it was except to get everyone he had told about the emails (as well as those who were instructing him on how to negotiate a meeting with Putin) on the record first.

So Mueller has a good idea of who learned first hand from Papadopoulos about the emails. What he may not know (or may be trying to lock in with further testimony) is how far that game of telephone extended; did it include Trump, and if so via what interlocutors. (Rick Gates may be, or may already have, enlightened Mueller on this point.)

These questions are also interesting against the background of something else suggested by the Papadopoulos plea (and subsequent NYT reporting), which I laid out here. Papadopoulos appeared to be signaling Ivan Timofeev, and those signals were closely tied to email releases.

In this post I did a timeline of all the known George Papadopoulos communications. The timeline made something clear: on two occasions, Papadopoulos alerted Ivan Timofeev to something in a Trump speech. On each occasion, something happened with emails.

[snip]

I’m not saying that the timing of these email releases were dictated by the speeches. Of course they weren’t. They were timed to do maximal damage to the Hillary campaign (not incidentally, in a way that coincided with the “later in the summer” timing Don Jr asked for in his communications with Rob Goldstone).

Rather, I’m saying that Papadopoulos seems to have been signaling Timofeev, and those signals closely mapped to email releases.

And those signals are among the things he tried to destroy.

Importantly, that signaling pertained to public statements on policies of Russian interest. I laid out three apparent incidences in that post, incidences mentioned in the plea.

In this post, I suggested what might be a fourth: when Trump’s twitter account tweeted about Hillary’s emails just 40 minutes after the June 9 Trump Tower meeting started and incorporated a potentially accurate number for how many staffers Hillary had.

I want to return to a detail many others have already noted, Donald Trump’s tweet, just 40 minutes after the Trump Tower meeting started, referencing Hillary emails (albeit the ones she deleted off her server, not the still secret stolen ones).

Given that George Papadopoulos seemed to treat other public statements from the campaign (most notably Trump’s April 27 foreign policy speech) as signals to the Russians the campaign was prepared to take the next step, could this tweet be the same? A response, seemingly from the candidate himself, accepting a deal presented in the meeting?

[snip]

I’m at least as interested in why Trump (or rather, Scavino or Parscale or Don Jr) used the number “823” in the tweet. In the aftermath of the John Sipher interview Jeremy Scahill did, Sipher suggested to me might be some kind of signal, a code; he’s the pro–maybe he’s right.

But I was wondering whether it might, instead, reflect real-time knowledge of the Hillary campaign’s finances and resources. That is, I wondered whether that number might have, itself, reflected the sharing of some kind of data that could verify the Russians had compromised Hillary’s campaign (or at least researched it substantively enough to know more than the Trump camp did). The public use of the number, then, might serve as a signal that that message, and the inside data, had been received.

While the specific number is difficult to check, I’ve been told the 823 number would have been at least “in the ball park” of the real number of Hillary’s campaign staffers on June 9, 2016.

If this (or, specifically mentioned in the NBC story, Trump’s July call for Russia to release Hillary’s emails) were part of the signaling, then Trump either could have been in the loop, or one of the flunkies who ran his iPhone account before he switched to iPhone himself could have been.

Which leads me to one more question reported by NBC today, almost as an afterthought. At least one witness was asked about the boundaries of Dan Scavino’s job.

At least one witness has been asked about Trump aide Dan Scavino, specifically about any involvement he may have had in the campaign’s data operation. Scavino currently runs the White House’s social media operations and is one of Trump’s closest aides.

I’m particularly interested in this given the report that Scavino was involved in negotiations through Rob Goldstone for promotions on Russian social media platform VKontakte, and the odds that he might have been the one tweeting any signaling tweets using Trump’s campaign.

So while these questions are, on the one hand, bloody obvious, they also may suggest a far more advanced understanding of how this operation might have worked.

Kushner Floats! Was Trump’s Witch Hunt Outburst about Jared Losing Clearance?

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President Trump had one of his regular tweetbursts this morning about the Mueller investigation, culminating in an all caps tweet WITCH HUNT!

These outbursts are admittedly routine. But there was something unusual about this one. As MMFA’s Lis Starr noted, the three tweets leading up to this, citing Judge Napolitano, Johnathan Turley, and Ken Starr, were all reruns of Fox coverage from the last several days.

In other words, Trump resorted to the DVR to be able to justify his rant this morning. Clearly, he’s even more obsessed today than normal.

That, plus one more detail, makes me wonder whether Trump was reacting to new approaches put in place after Jared (and probably Ivanka) had his clearance downgraded to Secret on Friday.

A memo sent Friday downgraded the presidential son-in-law and adviser and other White House aides who had been working on interim clearances.

Presidential son-in-law and adviser Jared Kushner has had his security clearance downgraded — a move that will prevent him from viewing many of the sensitive documents to which he once had unfettered access.

Kushner is not alone. All White House aides working on the highest-level interim clearances — at the Top Secret/SCI-level — were informed in a memo sent Friday that their clearances would be downgraded to the Secret level, according to three people with knowledge of the situation.

The SCI acronym stands for sensitive compartmentalized information, a category of information that comes from sensitive intelligence sources and must be walled off.

The memo was not signed by chief of staff John Kelly, but it comes as the retired Marine general and other top White House aides are grappling with the fallout of a scandal involving former White House staff secretary Rob Porter, which revealed that dozens of White House aides had yet to receive permanent clearances but nonetheless had access to some of the country’s deepest secrets.

There are several interesting tidbits about the Politico story reporting that Jared has finally been stripped of his TS/SCI interim clearance. First, John Kelly didn’t sign the memo, even though that’s who Trump put in charge of over-riding typical clearance process to protect his spawn. If Don McGahn signed it, it might mean Friday’s memo came after a follow-up to Robert Mueller’s boss, Rod Rosenstein, informing him, back on February 9, of significant new information that required review before he could be cleared.

Also, Politico cites a statement from Abbe Lowell, Jared’s defense attorney.

Kushner’s attorney Abbe Lowell said in a statement that Kushner “has done more than what is expected of him in this process.”

Lowell added that the changes would “not affect Mr. Kushner’s ability to continue to do the very important work he has been assigned by the president.”

But the statement is just the same one he used back on February 16, when news of Jared’s impending clearance problems first came out. Lowell still has yet to issue any new bravado since he went silent in the face of last week’s more serious reports.

Meanwhile, Jared is not staying out of trouble. The Trump 2020 campaign announced that Brad Parscale — one of the people most suspect for coordinating data analysis with the Russians — would run his 2020 re-election campaign. The announcement included this quote from Kushner.

Jared Kushner, Senior Advisor and Assistant to the President, and President Trump’s son-in-law, said, “Brady was essential in bringing a disciplined technology and data-driven approach to how the 2016 campaign was run. His leadership and expertise will be help [sic] build a best-in-class campaign.”

Even aside from the typo, this is a no-no, as it ties Kushner’s official White House role to a campaign document.

I almost wonder whether all their fundraising is about paying lawyers at this point. On Friday, CNBC reported that when RNC stopped paying the legal defense of people like Don Jr, it started paying rent at Trump Tower. And the legal defense to pay Trump aides’ legal fees also just went active. Increasingly, it seems, the Trump “campaign” is all about staying out of prison.

Meanwhile, the Kushner family’s partner on the underwater 666 Fifth Avenue is negotiating to get out.

Kushner Cos. says it’s negotiating to buy the 49.5 percent of a debt-laden office tower on Manhattan’s Fifth Avenue that it doesn’t already own from partner Vornado Realty Trust.

Christine Taylor, a spokeswoman for Kushner Cos., declined to elaborate on terms for either the purchase or a restructuring of the building’s debt. A Vornado representative didn’t immediately respond to a request for comment. The talks were first reported Tuesday by the Wall Street Journal.

Earlier this month, Vornado recategorized how it accounts for the property, 666 Fifth Ave., because “we do not intend to hold this asset on a long-term basis,” it said in an annual report. That language typically means the company plans to unload an asset within a year, a person familiar with Vornado’s thinking said at the time.

That’s going to shine a lot more light on Kushner’s finances, and his efforts to abuse his position as his father-in-law’s “peace” negotiator to get bailed out by any number of slimy foreign oligarchs.

Jared’s in real trouble. It’s a wonder he can stay afloat amid this witch hunt.

Update: Bingo.

Officials in at least four countries have privately discussed ways they can manipulate Jared Kushner, the president’s son-in-law and senior adviser, by taking advantage of his complex business arrangements, financial difficulties and lack of foreign policy experience, according to current and former U.S. officials familiar with intelligence reports on the matter.

Among those nations discussing ways to influence Kushner to their advantage were the United Arab Emirates, China, Israel and Mexico, the current and former officials said.

It is unclear if any of those countries acted on the discussions, but Kushner’s contacts with certain foreign government officials have raised concerns inside the White House and are a reason he has been unable to obtain a permanent security clearance, the officials said.

[snip]

White House officials said [National Security Advisor HR] McMaster was taken aback by some of Kushner’s foreign contacts.

“When he learned about it, it surprised him,” one official said. “He thought that was weird…It was an unusual thing. I don’t know that any White House has done it this way before.”

Meanwhile, the normally loquacious Abbe Lowell is outsourcing the no-commenting to a spokesperson.

“We will not respond substantively to unnamed sources peddling second-hand hearsay with rank speculation that continue to leak inaccurate information,” said Peter Mirijanian, a spokesman for Kushner’s lawyer.

Update: Let’s look more closely at something loquacious Abbe Lowell had to say the last time he wanted to go on the record about his client, on February 16.

Lowell said Kushner’s job is “to talk with foreign officials, which he has done and continues to do properly.”

He was denying, 11 days ago, something only now being aired: that Kushner wasn’t properly alerting the NSC of his contacts with foreign leaders. But now we know, he wasn’t properly alerting the National Security Advisor — the one that replaced the one who lied to the FBI about his contacts with foreigners, I mean.

No wonder Lowell has gone silent.

Andy Finds an Acorn: The Searches of Carter Page’s Devices

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I’ve long argued that Trump opponents should include Andrew McCarthy among the right wing Trump defenders they read. That’s true, in part, because he at least feigns to be considering the public evidence (though I think he has long since gotten swept up in tribalism). Moreover, as a former prosecutor who worked on some high visibility national security cases, he knows how these things worked fifteen years ago.

His piece on the Adam Schiff memo is typical of his current work. Virtually every single point is easily refuted; most are laughable, such as when he claims the FBI’s use of his 2013 interview to prosecute some spies means his March 2016 interview was truthful.

The memo does note that “the FBI also interviewed Page multiple times about his Russian intelligence contacts.” Apparently, these interviews stretch back to 2013. The memo also lets slip that there was at least one more interview with Page in March 2016, before the counterintelligence investigation began. We must assume that Page was a truthful informant since his information was used in a prosecution against Russian spies and Page himself has never been accused of lying to the FBI.

McCarthy also adheres to the GOP propaganda line that “Democrats conveniently omit is that … the Russian spies explicitly regarded him as an ‘idiot’ (and they had not even seen him on cable TV),” which I mocked in this piece at Vice.

The Republican response to the evidence that the Trump campaign named Page a foreign policy advisor around the same time the FBI interviewed him over suspected ties with Russian spies is perhaps the most pathetic thing in here. Among other things, it complains that the Schiff memo doesn’t mention that “a Russian intelligence officer called Page ‘an idiot.’”

So the latest Memoghazi arguments might best be summarized this way: After Democrats convincingly argued Trump made a suspected Russian asset a key foreign policy advisor, Republicans insisted that doesn’t matter because the suspected Russian asset was a moron.

On one point (a point I’ve been making), however, McCarthy is right.

The Schiff memo reveals, for the first time, that DOJ obtained a FISA order covering both electronic surveillance and “physical search.” Not many people understand this, but DOJ uses physical search orders not just to authorize FBI agents to search through a person’s home, but also to search through that person’s electronic devices (and cloud providers’ cloud storage). As I explained in my post on FISA and the Space-Time Continuum, using a physical search order allows the government to search far back in time.

Domestically, there are two kinds of collection: 1805, which is the collection of data in motion — an old fashioned wiretap, and 1824, which is called a “physical search” order. The government likes to hide the fact that the collection of data at rest is accomplished with an 1824 physical search order, not 1805. So an 1824 order might be used to search a closet, or it might be used to image someone’s hard drive. Most often, 1805 and 1824 get combined, but not always (the FISC released a breakdown for these last year).

Of course (as the Gartenlaub case will show), if you image someone’s hard drive, you’re going to get data from well before the time they’ve been under a FISA order, quite possibly even from before you’ve owned your computer.

In Keith Gartenlaub’s case, a physical search order was used to conduct a black bag search of his home, during which the FBI imaged and subsequently searched the saved hard drives from the last three computers Gartenlaub had used, going back a decade, which is how FBI found child porn that hadn’t been accessed in a decade.

And, as McCarthy notes (though without explaining the electronic/physical distinction), in the case of Carter Page, depending on what minimization procedures the FISC imposed, a physical search order approved on October 21, 2016 might allow FBI to search his devices for communications he had between March and September 2016, when he was a member of the Trump campaign.

What Democrats fail to mention is that the surveillance enabled the FBI to intercept not only his forward-going communications but also any stored emails and texts he might have had. Clearly, they were hoping to find a motherlode of campaign communications. Remember, Page was merely the vehicle for surveillance; the objective was to probe Trump ties to Russia.

I’ve explained that the near-certainty that NSA obtained a 705(b) order on Page for when he traveled to Moscow, London, and the Emirates in December and January would make such backwards looking surveillance even more likely.

I’m not sure that amounts to using Page as a vehicle to surveil the Trump campaign. Depending on how you count it, FISC modified somewhere between 112 and 310 applications in 2016, easily more than they ever had before (my guess is the big spike in numbers has to do with their consideration of the Riley SCOTUS precedent as they approve more orders accessing iPhones). Modifications are how minimization procedures show up in FISA counts, and imposing limits on what the government might access from Page’s devices is the kind of thing I’d expect to see out of the FISC.

Still, McCarthy doesn’t know that FBI used Page as a vehicle; the FBI could easily argue they were trying to protect Trump from the suspected spy the campaign’s non-existent vetting had invited into its midst. And he couldn’t know whether targeting Page allowed FBI to access campaign-related communications without knowing what kind of minimization procedures were imposed, if any.

A real oversight committee would make answering such a question a priority, because it’s the kind of question that goes to the core of the impact of the Page order on Trump’s campaign, but also because the question of how FISC orders permit FBI to access decades of information is a fairly important legal issue, not least in the Ninth Circuit in the Gartenlaub case.

Alas, HPSCI is not that real oversight committee, and so no one appears to be asking that question.