Why Did WikiLeaks Publish the Turkish Emails?

Foreign Policy has a gotcha story revealing that WikiLeaks turned down some documents on Russia last year. It is absolutely a gotcha, showing that WikiLeaks refused some Russian-related documents at a time when it was saying it’d happily accept some — or some Republican focused ones.

But given the sourcing, I’m wondering whether it instead shows that WikiLeaks won’t accept submissions from certain kinds of sources.

The story is based on “partial chat logs,” showing only WikiLeaks’ side of the conversation.

WikiLeaks declined to publish a wide-ranging trove of documents — at least 68 gigabytes of data — that came from inside the Russian Interior Ministry, according to partial chat logs reviewed by Foreign Policy.

The logs, which were provided to FP, only included WikiLeaks’s side of the conversation.

The language of the gotcha paragraph makes it appear as if the chat logs came from a WikiLeaks person because it uses the first person plural discussing what got sent to WikiLeaks.

“We had several leaks sent to Wikileaks, including the Russian hack. It would have exposed Russian activities and shown WikiLeaks was not controlled by Russian security services,” the source who provided the messages wrote to FP. “Many Wikileaks staff and volunteers or their families suffered at the hands of Russian corruption and cruelty, we were sure Wikileaks would release it. Assange gave excuse after excuse.”

Except further down in the article, “the same source” (whose identity or need for anonymity is never explained) describes feeding something else to Assange.

Approached later that year by the same source about data from an American security company, WikiLeaks again turned down the leak. “Is there an election angle? We’re not doing anything until after the election unless its [sic] fast or election related,” WikiLeaks wrote. “We don’t have the resources.”

In other words, this gotcha appears to be coming from the source (who was unwilling to share its side of the conversation with FP, which is itself suspect), not WikiLeaks after all (note, the source of the files said today he tried to get WikiLeaks interested in publishing them going back to 2014). And FP’s source appears to have been testing WikiLeaks’ willingness to publish a range of things, including both Russian documents and “data from an American security company.” I would be pretty suspicious of a source who was feeding me unrelated dumps. Julian Assange has also suggested he would happily publish documents from intelligence services — and technically did, with the Syria leaks — but it would be different if WikiLeaks suspected the intelligence service was trying to target it.

So it’s a damning story, but the details of it suggest there may be far more to the story (especially when you remember there was a badly executed American-based attempt to smear Assange as a pedophile last year).

Moreover, the story doesn’t mention something else: that a long profile came out this week substantially validating the second excuse, “we don’t have the resources.” A huge part of Raffi Khatchadourian’s NYer profile of Assange focuses on how overwhelmed WikiLeaks was last summer trying to get out the DNC emails, and so had to be forced to publish in timely fashion by the Guccifer 2.0 persona.

Meanwhile, a WikiLeaks team was scrambling to prepare the D.N.C. material. (A WikiLeaks staffer told me that they worked so fast that they lost track of some of the e-mails, which they quietly released later in the year.) On several occasions, and in different contexts, Assange admitted to me that he was pressed for time. “We were quite concerned about meeting the deadline,” he told me once, referring to the Democratic National Convention.

Here’s what I don’t get though.

If WikiLeaks was so overwhelmed, why did it publish emails from Turkey’s ruling party, which the NYer notes was one of the things contributing to the pressure.

In addition to the D.N.C. archive, Assange had received e-mails from the leading political party in Turkey, which had recently experienced a coup, and he felt that he needed to rush them out.

As I have previously noted, there are some interesting details about the hack-and-leak of these files. All the more so, now, given that Emma (then Michael) Best had a role in publishing them.

The other most celebrated case where inaccurate accusations against Wikileaks may have been counterproductive was last summer when something akin to what happened with the Macron leak did. Wikileaks posted a link to [Emma] Best’s archived copy of the AKP Turkish emails that doxed a bunch of Turkish women. A number of people — principally Zeynep Tufekci — blamed Wikileaks, not Best, for making the emails available, and in so doing (and like the Macron dump) brought attention to precisely what she was rightly furious about — the exposure of people to privacy violations and worse. Best argues that had Tufekci spoken to [her] directly rather than writing a piece drawing attention to the problem, some of the harm might have been avoided.

But I also think the stink surrounding Wikileaks distracted focus from the story behind the curious provenance of that leak. Here’s how Motherboard described it.

Here’s what happened:

First, Phineas Fisher, the hacker notorious for breaching surveillance companies Hacking Team and FinFisher, penetrated a network of the AKP, Turkey’s ruling party, according to their own statement. The hacker was sharing data with others in Rojava and Bakur, Turkey; there was apparently a bit of miscommunication, and someone sent a large file containing around half of akparti.org.tr’s emails to WikiLeaks.

WikiLeaks then published these emails on July 19, and as some pointed out, the emails didn’t actually seem to contain much public interest material.

Then Phineas Fisher dumped more files themselves. Thomas White, a UK-based activist also known as The Cthulhu, also dumped a mirror of the data, including the contentious databases of personal info. This is where Best, who uploaded a copy to the Internet Archive, comes in.

Best said [she] didn’t check the contents of the data beforehand in part because the files had already been released.

“I was archiving public information,” [she] said. “Given the volume, the source, the language barrier and the fact that it was being publicly circulated already, I basically took it on faith and archived a copy of it.”

Without laying out all the details here, I think there are some interesting issues about this hack-and-leak that might have gotten more scrutiny if the focus weren’t Wikileaks.

One of the details in the Assange profile I didn’t know is that Guccifer 2.0 offered up Democratic emails — the suggestion is they were the Podesta ones, though that is not affirmatively claimed — to Best in August.

Someone close to WikiLeaks told me that before Assange published the Podesta e-mails he faced this precise scenario. In mid-August, Guccifer 2.0 expressed interest in offering a trove of Democratic e-mails to Emma Best, a journalist and a specialist in archival research, who is known for acquiring and publishing millions of declassified government documents. Assange, I was told, urged Best to decline, intimating that he was in contact with the persona’s handlers, and that the material would have greater impact if he released it first.

The Turkish emails were published (by WikiLeaks and Best) in July, so just as all this was going down. As Motherboard pointed out, the first batch wasn’t all that interesting, and the second one was interesting primarily because of the privacy violation in publishing them.

So if WikiLeaks was so frantic in July, at precisely the time it was scrambling to publish the DNC emails before the Convention, why did it bother publishing the Turkish emails at all? The answer to that may be even more damning than the gotcha that FP presented.

Update: Remember, too, that Assange said he’d publish the ShadowBrokers files last August, but did not.

Report from North Carolina Makes Reality Winner Leak Far More Important

According to NPR, the poll books in six precincts in Durham County, NC, went haywire on election day, which led the entire county to shift to paper poll books.

When people showed up in several North Carolina precincts to vote last November, weird things started to happen with the electronic systems used to check them in.

“Voters were going in and being told that they had already voted — and they hadn’t,” recalls Allison Riggs, an attorney with the Southern Coalition for Social Justice.

The electronic systems — known as pollbooks — also indicated that some voters had to show identification, even though they did not.

[snip]

At first, the county decided to switch to paper pollbooks in just those precincts to be safe. But Bowens says the State Board of Elections & Ethics Enforcement got involved “and determined that it would be better to have uniformity across all of our 57 precincts and we went paper pollbooks across the county.”

That move caused a whole new set of problems: Voting was delayed — up to an hour and a half — in a number of precincts as pollworkers waited for new supplies. With paper pollbooks, they had to cut voters’ names out and attach them to a form before people could get their ballots.

The company that provided the software for the poll books is VR Systems — the company that the document Reality Winner leaked showed had been probed by Russian hackers.

But Susan Greenhalgh, who’s part of an election security group called Verified Voting, worried that authorities underreacted. She was monitoring developments in Durham County when she saw a news report that the problem pollbooks were supplied by a Florida company named VR Systems.

“My stomach just dropped,” says Greenhalgh.

She knew that in September, the FBI had warned Florida election officials that Russians had tried to hack one of their vendor’s computers. VR Systems was rumored to be that company.

Because of the publicity surrounding the VR targeting — thanks to the document leaked by Winner — NC has now launched an investigation.

Lawson says the state first learned of the hack attempt when The Intercept, an online news site, published its story detailing Russian attempts to hack VR Systems. The leaked report said hackers then sent emails to local election offices that appeared to come from VR — but which actually contained malicious software.

[snip]

So now, months after the election, the state has launched an investigation into what happened in Durham County. It has secured the pollbooks that displayed the inaccurate information so forensic teams can examine them.

So this may be the first concrete proof that Russian hackers affected the election. But we’ll only find out of that’s true thanks to Winner’s leak.

Except she can’t raise that at trial.

Last week, Magistrate Judge Brian Epps imposed a protection order in her case that prohibits her or her team from raising any information from a document the government deems to be classified, even if that document has been in the public record. That includes the document she leaked.

The protective order is typical for leak cases. Except in this case, it covers information akin to information that appeared in other outlets without eliciting a criminal prosecution. And more importantly, Winner could now point to an important benefit of her leak, if only she could point to the tie between her leak and this investigation in North Carolina.

With the protection order, she can’t.

Note one more implication of this story.

In addition to the Presidential election last year, North Carolina had a surprisingly close Senate election, in which Senate Intelligence Committee Chair Richard Burr beat Deborah Ross by 6%. Admittedly, the margin was large — over 200,000 votes. But Durham County is the most Democratic county in the state.

Burr, of course, is presiding over one of the four investigations into the Russian hacks. And while I don’t think this story, yet, says that Burr won because of the hack, if the investigations shows VR was hacked in the state and it affected throughput in the most Democratic county, then it means Burr benefitted as clearly from the Russian hacks as Trump did.

The SSCI investigation has been going better than I had imagined. But this seems like a conflict of interest.

Update: I originally said the entire state switched to paper pollbooks. That’s incorrect: just Durham County did, which makes the issue even more important.

The “Liberal” NY Times Focuses on the Next Disastrous GOP Daddy

It is never enough for the “liberal” media. Despite how the “liberal media” gets relentlessly dumped on and marginalized by the right wing nut machine, they are ALWAYS there to hand out some candy to the nutters.

Here are the estimable Jonathan Martin and Alexander Burns in the Only Bunk That’s Fits To Print Gray Lady:

WASHINGTON — Senators Tom Cotton and Ben Sasse have already been to Iowa this year, Gov. John Kasich is eyeing a return visit to New Hampshire, and Mike Pence’s schedule is so full of political events that Republicans joke that he is acting more like a second-term vice president hoping to clear the field than a No. 2 sworn in a little over six months ago.

Well, crikey, good that the paper of record is covering this. What else they got?

It may get worse, said Jay Bergman, an Illinois petroleum executive and a leading Republican donor. Grievous setbacks in the midterm elections of 2018 could bolster challengers in the party.

“If the Republicans have lost a lot of seats in the Congress and they blame Trump for it, then there are going to be people who emerge who are political opportunists,” Mr. Bergman said.

Well, sorry I asked, turned out it was some entitled crap from a “petroleum executive”. Great call guys!

Swell. Excellent follow up to all those “Ignorant average Trump voters still ignorantly averagely love Trump” reports that are rampant in the beloved balanced media.

Today’s GOP, fronted by Trump and his ilk, is NOT an aberration, but rather the culmination of where the Republican party has been headed for decades, since at least Reagan’s bigoted opening salvo in Philadelphia Mississippi. It is the party of nationalism, racism, bigotry, scientific ignorance and revanchism.

But, hey, never underestimate the ability of the national media to keep on singing like they don’t know their actions helped put this country in the lurch it is in (Her Emails!!). And that their continued refusal to unequivocally call out the current President for the blithering dangerous loon he is, may lead to making the lurch far worse.

The answer to America’s ills do NOT come from the discredited daddies in the GOP, whether older like Mike Pence and John Kasich, or younger like Ben Sasse. We have seen this movie before, and it sucks in a very disastrous way.

Robert Mueller’s Grand Jury and the Significance of Felix Sater

In response to Monday’s server hiccups and in anticipation that Mueller is nowhere near done, we expanded our server capacity overnight. If you think you’ll rely on emptywheel reporting on the Mueller probe, please consider a donation to support the site

The world is abuzz with the news that Robert Mueller has impaneled a DC-based grand jury that he used to subpoena information on the June 9, 2016 meeting between Don Jr., Paul Manafort, Jared Kushner, and some Russians promising dirt on Hillary Clinton. In reality, the Special Counsel had already been using a grand jury to get information on Mike Flynn and Paul Manafort and we should always have expected a dedicated grand jury.

Nevertheless, the move has convinced the chattering classes that this investigation is for real.

This comes as a surprise to people, apparently, after reports of Mueller’s 16th hire, illegal foreign bribery expert Greg Andres. It’s almost as if people haven’t been making sense of where Mueller is going from the scope of his hires, which include:

  1. Mob specialists: Andrew Weissman and Lisa Page are mob prosecutors.
  2. Fraud specialists: Weissman and Rush Atkinson are also fraud prosecutors.
  3. Corporate crime specialists: Weissman also led the Enron Task force. One of Dreeben’s key SCOTUS wins pertained to corporate crime. Jeannie Rhee has also worked on white collar defense.
  4. Public corruption specialists: Mueller hired someone with Watergate experience, James Quarles. And Andrew Goldstein got good press in SDNY for prosecuting corrupt politicians (even if Sheldon Silver’s prosecution has since been overturned).
  5. International experts: Zainab Ahmad, who worked terrorism cases in EDNY, which has some of the most expansive precedents for charging foreigners flown into JFK (including Russia’s darling Viktor Bout), knows how to bring foreigners to the US and successfully prosecute them in this country. Aaron Zelinsky has also worked in international law. Elizabeth Prelogar did a Fulbright in Russia and reportedly speaks it fluently. And, as noted, Andres has worked on foreign bribery.
  6. Cyber and spying lawyers: Brandon Van Grack is the guy who had been leading the investigation into Mike Flynn; he’s got a range of National Security experience. Aaron Zebley, Mueller’s former chief of staff at FBI, also has that kind of NSD experience.
  7. Appellate specialists: With Michael Dreeben, Mueller already has someone on the team who can win any appellate challenges; Adam Jed and Elizabeth Prelogar are also appellate specialists. Mueller’s hires also include former clerks for a number of SCOTUS justices, which always helps out if things get that far.

I lay this out there to suggest that in addition to hiring a bunch of super stars, Mueller also appears to have picked people for their expertise. Those picks reflect an already well-developed theory of the case, one formed long before he impaneled his own grand jury. And many of them boast expertise fairly distant from the question of foreign adversary’s hacking a political party’s server.

And I’d suggest there’s good reason for that.

Some of Mueller’s theory of the case undoubtedly comes from whatever evidence Jim Comey’s FBI and Van Grack’s grand jury had already collected, which at least publicly pertains to Mike Flynn’s disclosure problems, his comments to the Russians, and Paul Manafort’s money laundering. Some of it comes from stuff that was being investigated in NY.

But remember: Trump’s sordid ties to Russian mobsters (see categories 1, 2, 3, and 5) go back a long way. One of the best ways to understand what and how close some of those ties are is to look at the case of Felix Sater. Josh Marshall’s description here gets at a lot of the important bits.

Sater is a Russian emigrant who was jailed for assault in the mid-90s and then pulled together a major securities fraud scheme in which investors lost some $40 million. He clearly did something for the US government which the feds found highly valuable. It seems likely, though not certain, that it involved working with the CIA on something tied to the post-Soviet criminal underworld. Now Bayrock and Trump come into the mix.

According to Sater’s Linkedin profile, Sater joined up with Bayrock in 1999 – in other words, shortly after he became involved with the FBI and CIA. (The Times article says he started up with Bayrock in 2003.) In a deposition, Trump said he first came into contact with Sater and Bayrock in the early 2000s. The Trump SoHo project was announced in 2006 and broke ground in November of that year. In other words, Sater’s involvement with Bayrock started soon after he started working with the FBI and (allegedly) the CIA. Almost the entire period of his work with Trump took place during this period when he was working for the federal government as at least an informant and had his eventual sentencing hanging over his head.

What about Salvatore Lauria, Sater’s accomplice in the securities swindle?

He went to work with Bayrock too and was also closely involved with managing and securing financing for the Trump SoHo project. The Timesarticle I mentioned in my earlier post on Trump SoHo contains this …

Mr. Lauria brokered a $50 million investment in Trump SoHo and three other Bayrock projects by an Icelandic firm preferred by wealthy Russians “in favor with” President Vladimir V. Putin, according to a lawsuit against Bayrock by one of its former executives. The Icelandic company, FL Group, was identified in a Bayrock investor presentation as a “strategic partner,” along with Alexander Mashkevich, a billionaire once charged in a corruption case involving fees paid by a Belgian company seeking business in Kazakhstan; that case was settled with no admission of guilt.

All sounds totally legit, doesn’t it?

But there’s more!, as they say.

Sater’s stint as a “Senior Advisor” to Donald Trump at the Trump Organization began in January of January 2010 and lasted roughly a year. What significance that has in all of this I’m not sure. But here’s the final morsel of information that’s worth knowing for this installment of the story.

How exactly did all of Sater’s secret work and the federal government’s efforts to keep his crimes secret come to light?

During the time Sater was working for Bayrock and Trump he organized what was supposed to be Trump Tower Ft Lauderdale. The project was announced in 2004. People paid in lots of money but the whole thing went bust and Trump finally pulled out of the deal in 2009. Lots of people who’d bought units in the building lost everything. And they sued.

In other words, an FBI (and, possibly, CIA) informant had links with two of Trump’s business with ties to the Russian mob for — effectively — the entire extended Mueller tenure at FBI.

This is a point one of the few other people with reservations about Mueller as Special Counsel made to me not long ago. The FBI — Mueller’s FBI — has known about the ties between Trump’s businesses and the Russian mob for well over a decade. The FBI — Mueller’s FBI — never referred those ties, that money laundering, for prosecution in that entire time, perhaps because of the difficulties of going after foreign corruption interlaced with US businesses.

Now, in a remarkably short timeframe, former mob prosecutor Robert Mueller has put together a dream team of prosecutors who have precisely the kind of expertise you might use to go after such ties.

Because now it matters. It matters that the President has all these obligations to the Russian mob going back over a decade, because he can’t seem to separate his own entanglements from the good of the country.

Yes, Robert Mueller convened a grand jury and he has used it to go after the records of a meeting set up by one of Trump’s key Russian allies, Aras Agalarov, and his campaign, the guy who, at the very end of Mueller’s tenure at FBI, helped Trump stage the Miss Universe pageant in Russia, an event that may have marked significant new levels of Trump exposure to Russian compromise. But Mueller was on the trail of Trump and his Russian crime ties long before that. (The person with Mueller reservations actually wondered whether Trump himself wasn’t cooperating with the FBI in this period.)

Folks have made much of this exchange in the NYT’s long interview with Trump.

SCHMIDT: Last thing, if Mueller was looking at your finances and your family finances, unrelated to Russia — is that a red line?

HABERMAN: Would that be a breach of what his actual charge is?

TRUMP: I would say yeah. I would say yes. By the way, I would say, I don’t — I don’t — I mean, it’s possible there’s a condo or something, so, you know, I sell a lot of condo units, and somebody from Russia buys a condo, who knows? I don’t make money from Russia. In fact, I put out a letter saying that I don’t make — from one of the most highly respected law firms, accounting firms. I don’t have buildings in Russia. They said I own buildings in Russia. I don’t. They said I made money from Russia. I don’t. It’s not my thing. I don’t, I don’t do that. Over the years, I’ve looked at maybe doing a deal in Russia, but I never did one. Other than I held the Miss Universe pageant there eight, nine years [crosstalk].

SCHMIDT: But if he was outside that lane, would that mean he’d have to go?

[crosstalk]

HABERMAN: Would you consider——

TRUMP: No, I think that’s a violation. Look, this is about Russia. So I think if he wants to go, my finances are extremely good, my company is an unbelievably successful company. And actually, when I do my filings, peoples say, “Man.” People have no idea how successful this is. It’s a great company. But I don’t even think about the company anymore. I think about this. ’Cause one thing, when you do this, companies seem very trivial. O.K.? I really mean that. They seem very trivial. But I have no income from Russia. I don’t do business with Russia. The gentleman that you mentioned, with his son, two nice people. But basically, they brought the Miss Universe pageant to Russia to open up, you know, one of their jobs. Perhaps the convention center where it was held. It was a nice evening, and I left. I left, you know, I left Moscow. It wasn’t Moscow, it was outside of Moscow.

Technically, Trump was only asked about whether he’d consider Mueller’s review of finances unrelated to Russia to be outside his lane. But Trump largely answered it about Russia, about business deals — the condos, the pageant — with Russia going back to the time Mueller’s FBI would have been working with Felix Sater to learn about the Russian mob.

Yeah. It’s no surprise Mueller has impaneled a grand jury.

Incendiary Lawsuit Alleging More Trump Obstruction Shows Benghazi Booster Admitting He Has No Credibility

The African American former cop that Fox blamed for its retracted Seth Rich story, Rod Wheeler, has sued the network and a Fox associate and GOP rat-fucker, Ed Butowsky, for defamation and discrimination.

The suit is designed to be very inflammatory, using the claims Butowsky made about President Trump’s personal involvement pushing the story to attract attention (and increase the pain for Fox).

If this effort to shift blame for the DNC hack hadn’t already attracted Robert Mueller’s attention, I suspect it will now (and I suspect Wheeler will be very happy to testify).

In fact, though, Wheeler well documented his claim that Butowsky and Fox’ journalist, Malia Zimmerman, fabricated two quotes from him and then refused to retract attribution to him. So the lawsuit may well have legs.

But I’m amused by two other details Wheeler includes in the suit. First, he shows Butowsky, a Dallas-based financial advisor, claiming to have revealed most of what we know about Benghazi.

So the douchebag behind the Seth Rich – Wikileaks conspiracy is also the douchebag behind Benghazi.

Which is nifty, because Wheeler also includes quotes of Butowsky admitting he has no credibility.

Wheeler then goes on to allege that Butowsky threatened to extort Sy Hersh.

Butowsky deleted his Twitter account this morning (though not yet his Tumblr account), so perhaps he recognizes that he’s at some financial exposure.

But I’m grateful that, in the process, he has admitted that he — and his Benghazi pseudo-scandal — have no credibility.

 

 

 

With Clowns To The Left, And Jokers On The Right, Trump Turns To Scaramucci

What is up today, you ask?

Well, not much…..oh, holy shit!

On Wednesday night, I received a phone call from Anthony Scaramucci, the new White House communications director. He wasn’t happy. Earlier in the night, I’d tweeted, citing a “senior White House official,” that Scaramucci was having dinner at the White House with President Trump, the First Lady, Sean Hannity, and the former Fox News executive Bill Shine. It was an interesting group, and raised some questions. Was Trump getting strategic advice from Hannity? Was he considering hiring Shine? But Scaramucci had his own question—for me.

“Who leaked that to you?” he asked. I said I couldn’t give him that information. He responded by threatening to fire the entire White House communications staff. “What I’m going to do is, I will eliminate everyone in the comms team and we’ll start over,” he said. I laughed, not sure if he really believed that such a threat would convince a journalist to reveal a source. He continued to press me and complain about the staff he’s inherited in his new job. “I ask these guys not to leak anything and they can’t help themselves,” he said. “You’re an American citizen, this is a major catastrophe for the American country. So I’m asking you as an American patriot to give me a sense of who leaked it.”

Ooof. That is pretty psychotic on the part of Scaramouche, glad he didn’t go too batshit…. Yikes, nevermind:

“Reince is a fucking paranoid schizophrenic, a paranoiac,” Scaramucci said. He channelled Priebus as he spoke: “ ‘Oh, Bill Shine is coming in. Let me leak the fucking thing and see if I can cock-block these people the way I cock-blocked Scaramucci for six months.’ ” (Priebus did not respond to a request for comment.)
Scaramucci was particularly incensed by a Politico report about his financial-disclosure form, which he viewed as an illegal act of retaliation by Priebus. The reporter said Thursday morning that the document was publicly available and she had obtained it from the Export-Import Bank. Scaramucci didn’t know this at the time, and he insisted to me that Priebus had leaked the document, and that the act was “a felony.”

“I’ve called the F.B.I. and the Department of Justice,” he told me.
“Are you serious?” I asked.

“The swamp will not defeat him,” he said, breaking into the third person. “They’re trying to resist me, but it’s not going to work. I’ve done nothing wrong on my financial disclosures, so they’re going to have to go fuck themselves.”

Just to be clear, this is the rootin tootin slick dick Harvard Law financial genius that Trump brought in to clean up his Presidency’s previous failures, and bring order and success to the West Wing.

A fine tuned machine!

Shorter Jared: “It Depends upon What the Meaning of the Word ‘Collude’ Is”

Given that he’s already appeared before the Senate Judiciary Committee, it’s a bit late to analyze Jared Kushner’s public statement denying any collusion with the Russians who interfered in last year’s election. But the statement is too nifty to let it pass.

Jared’s lawyers would have you believe he is:

  • A young naif in the ways of the world
  • Who nevertheless has recall problems
  • Who asked to use Russian communications facilities but that’s not a back channel
  • And who was undone by his assistant
  • But what matters is really the collusion shiny object

A young naif in the ways of the world

Kushner starts by emphasizing over and over how inexperienced he is in the way of politics. Media has never been his job.

First in my business and now in public service, I have worked on achieving goals, and have left it to others to work on media and public perception.

Building companies has been his job, said the guy who is actually better at building debt, with all the possible compromise that might entail.

Before joining the administration, I worked in the private sector, building and managing companies. My experience was in business, not politics, and it was not my initial intent to play a large role in my father-in-law’s campaign when he decided to run for President.

Even in spite of this claimed total inexperience, Kushner came to run key parts of the campaign.

Over the course of the primaries and general election campaign, my role continued to evolve. I ultimately worked with the finance, scheduling, communications, speechwriting, polling, data and digital teams, as well as becoming a point of contact for foreign government officials.

Note how he mentions — but does not emphasize — the data analytics now suspected of helping Russians target voters in MI and WI “as well as” meeting a bunch of foreigners trying to influence pop-in-law’s campaign.

Kushner repeats, again, how inexperienced he is, implicitly blaming those “incredibly talented people” this utterly inexperienced naif reached out to for help.

All of these were tasks that I had never performed on a campaign previously. When I was faced with a new challenge, I would reach out to contacts, ask advice, find the right person to manage the specific challenge, and work with that person to develop and execute a plan of action. I was lucky to work with some incredibly talented people along the way, all of whom made significant contributions toward the campaign’s ultimate success.

In the last paragraph of this section, Kushner turns. This utterly inexperienced campaign kicked the collective ass of 16 other experienced politicians. It did so, Kushner adds just before pivoting to the (Russian) foreigners trying to help the campaign, because Trump’s utterly inexperienced son-in-law nevertheless managed to run one of the best campaigns in history!

Not only did President Trump defeat sixteen skilled and experienced primary opponents and win the presidency; he did so spending a fraction of what his opponent spent in the general election. He outworked his opponent and ran one of the best campaigns in history using both modern technology and traditional methods to bring his message to the American people.

Who nevertheless has recall problems

As Kushner turns to conversations with foreigners, he starts having recall problems — a word used nine different times.

The first, for his brief meeting with Sergey Kislyak and 3 other unnamed Ambassadors at the Mayflower. [all recall emphasis my own]

The first that I can recall was at the Mayflower Hotel in Washington, D.C. in April 2016.

The second, for two calls Reuters has reported that Kushner insists never took place (which I’ll return to).

Reuters news service has reported that I had two calls with Ambassador Kislyak at some time between April and November of 2016. While I participated in thousands of calls during this period, I do not recall any such calls with the Russian Ambassador.

I hope to return to Kushner’s hunt through his own metadata to find these calls.

The third is Kislyak again, whom Kushner remembered but whose name he couldn’t recall five months later.

When the campaign received an email purporting to be an official note of congratulations from President Putin, I was asked how we could verify it was real. To do so I thought the best way would be to ask the only contact I recalled meeting from the Russian government, which was the Ambassador I had met months earlier,

Four, five, and six: the now infamous June meeting that Kushner only recalled when he reviewed the emails with his lawyers.

The only other Russian contact during the campaign is one I did not recall at all until I was reviewing documents and emails in response to congressional requests for information. In June 2016, my brother-in-law, Donald Trump Jr. asked if I was free to stop by a meeting on June 9 at 3:00 p.m.

[snip]

I did not read or recall this email exchange before it was shown to me by my lawyers when reviewing documents for submission to the committees. No part of the meeting I attended included anything about the campaign, there was no follow up to the meeting that I am aware of, I do not recall how many people were there (or their names), and I have no knowledge of any documents being offered or accepted.

The [read and] recall problems here are legally necessary, of course, given that Kushner had not disclosed this meeting on earlier sworn disclosures. So Kushner needs his past lack of recall to be even more credible than his claims not to recall any more meetings.

Number seven is odd. Kushner claims to “recall” meetings with fifty foreigners.

During this period, I recall having over fifty contacts with people from over fifteen countries. Two of those meetings were with Russians, neither of which I solicited.

These fifty contacts, of course, are the ones he failed to disclose on at least the first round of his security clearance form.

In the very next paragraph, Kushner reminds us: the same guy who can recall contacts with fifty foreigners couldn’t recall Kislyak’s name. Number eight.

As I mentioned before, previous to receiving this request, I could not even recall the Russian Ambassador’s name, and had to ask for the name of the individual I had seen at the Mayflower Hotel almost seven months earlier.

All these recalls and failed to recalls lead up to the ninth: the four contacts with Russians revealed in this statement are all that he recalls.

I have disclosed these contacts and described them as fully as I can recall.

Who asked to use Russian communications facilities but that’s not a back channel

Again: Kushner admits to four meetings. In the first he met with a guy whose name he didn’t recall. The second was a meeting that he entirely didn’t recall. Kushner’s failure to recall allows him to make this claim, which (CNN helpfully tells us) was emphasized in the original.

During the meeting, after pleasantries were exchanged, as I had done in many of the meetings I had and would have with foreign officials, I stated our desire for a fresh start in relations. Also, as I had done in other meetings with foreign officials, I asked Ambassador Kislyak if he would identify the best person (whether the Ambassador or someone else) with whom to have direct discussions and who had contact with his President. The fact that I was asking about ways to start a dialogue after Election Day should of course be viewed as strong evidence that I was not aware of one that existed before Election Day. [emphasis original]

Kushner’s failure of recall, then (as well as his claimed ignorance about the recall of any other people, including Mike Flynn and Don Jr), is a key break in the nonsensical chain that divorces any election discussions (which might be proof of a quid pro quo tying Russia’s election season activities to discussions afterwards) from transition discussions.

Consider how implausible it is that Kushner had no — zero!!! — forward-looking policy discussions with foreign officials during the campaign. He’s making this claim not just about Russia, but about all countries: Taiwan, the Emirates, Israel! He’s claiming all of these conversations were about fresh starts, all of them, but none of those fresh starts started before November 8.

Bollocks.

Nevertheless, that bollocks statement allows Kushner to give virgin birth to the conversation — started days after the election — that has now borne fruit, Russia convincing the Trump administration to stop funding the CIA backed rebels and (tacitly, so far) leaving Russia’s client Bashar al-Assad in place.

This is the conversation that Kushner wanted to conduct using Russian, not American, facilities.

Oh, sure. Kushner claims they considered using Russian facilities because there was no “secure line” in the transition office.

The Ambassador expressed similar sentiments about relations, and then said he especially wanted to address U.S. policy in Syria, and that he wanted to convey information from what he called his “generals.” He said he wanted to provide information that would help inform the new administration. He said the generals could not easily come to the U.S. to convey this information and he asked if there was a secure line in the transition office to conduct a conversation. General Flynn or I explained that there were no such lines. I believed developing a thoughtful approach on Syria was a very high priority given the ongoing humanitarian crisis, and I asked if they had an existing communications channel at his embassy we could use where they would be comfortable transmitting the information they wanted to relay to General Flynn. The Ambassador said that would not be possible and so we all agreed that we would receive this information after the Inauguration.

I assume someone has already disproved this statement, the claim there was a SCIF but no secure line in the transition office. It’s absurd in any case: Kushner and Flynn could just get Signal to conduct secret conversations with Russian generals!

Which suggests by “secure” Kushner means a line secure from our own intelligence officials.

You know? A back channel?

I did not suggest a “secret back channel.” I did not suggest an on-going secret form of communication for then or for when the administration took office. I did not raise the possibility of using the embassy or any other Russian facility for any purpose other than this one possible conversation in the transition period.

Uh huh. In any case, Kislyak got the message: while they might have to delay, Kushner and Flynn were willing to carry on that kind of communications with Russian generals. Which Kushner doesn’t seem to connect to the meeting with Sergey Gorkov.

Kushner’s claims about that meeting are even more nonsensical — so much so I’ll have to leave them for their very own post. Suffice it to say Kushner claims a discussion about a bank involved no conversation about banking.

And who was undone by his assistant

Having provided descriptions of the two conversations he had with Russians during the campaign and then provided allegedly dissociated conversations he had with Russians during the transition, Kushner turned to blaming his assistant for all of his disclosure failures on his SF-86.

Except, this explanation only covers his first two SF-86 forms, not the incomplete third form, the one that didn’t include the June 9 meeting.

In the week before the Inauguration, amid the scramble of finalizing the unwinding of my involvement from my company, moving my family to Washington, completing the paper work to divest assets and resign from my outside positions and complete my security and financial disclosure forms, people at my New York office were helping me find the information, organize it, review it and put it into the electronic form. They sent an email to my assistant in Washington, communicating that the changes to one particular section were complete; my assistant interpreted that message as meaning that the entire form was completed. At that point, the form was a rough draft and still had many omissions including not listing any foreign government contacts and even omitted the address of my father-in-law (which was obviously well known). Because of this miscommunication, my assistant submitted the draft on January 18, 2017.

That evening, when we realized the form had been submitted prematurely, we informed the transition team that we needed to make changes and additions to the form. The very next day, January 19, 2017, we submitted supplemental information to the transition, which confirmed receipt and said they would immediately transmit it to the FBI. The supplement disclosed that I had “numerous contacts with foreign officials” and that we were going through my records to provide an accurate and complete list. I provided a list of those contacts in the normal course, before my background investigation interview and prior to any inquiries or media reports about my form.

Between the time difference and more travel within Oz, I’m not sure whether NYT has fact-checked this claim yet, which I believe to be false given their reporting.

What’s certainly true is this statement makes it clear that Kushner didn’t get the June 9 meeting on his form before his first security clearance interview.

A good example is the June 9 meeting. For reasons that should be clear from the explanation of that meeting I have provided, I did not remember the meeting and certainly did not remember it as one with anyone who had to be included on an SF-86. When documents reviewed for production in connection with committee requests reminded me that meeting had occurred, and because of the language in the email chain that I then read for the first time, I included that meeting on a supplement.

What’s also true is Kushner pretends it is normal to have someone playing a key foreign policy role for six months with nothing but an interim clearance.

That is, what Kushner doesn’t address here is that his inability to disclose who he spoke with and why has left the US exposed to potentially unaccounted influence operations.

But what matters is really the collusion shiny object

In short, Kushner’s narrative is not only unconvincing, but it is internally inconsistent.

Which may be why Kushner ends his statement with another big bolded passage, this one disclaiming any knowledge of “collusion.”

It has been my practice not to appear in the media or leak information in my own defense. I have tried to focus on the important work at hand and serve this President and this country to the best of my abilities. I hope that through my answers to questions, written statements and documents I have now been able to demonstrate the entirety of my limited contacts with Russian representatives during the campaign and transition. I did not collude, nor know of anyone else in the campaign who colluded, with any foreign government. I had no improper contacts. I have not relied on Russian funds to finance my business activities in the private sector. I have tried to be fully transparent with regard to the filing of my SF-86 form, above and beyond what is required. Hopefully, this puts these matters to rest.

It’s very earnest, this paragraph from a guy whose statement makes himself look totally unqualified for his role in the White House, hoping to put this matter behind him so he can get on with providing those inadequate skills to the country.

Three times in the paragraph to supplement the nine invocations of his limited recall, Kushner expresses hope, but no confidence, he has covered everything.

I hope … I have now been able to demonstrate the entirety of my limited contacts

I have tried to be fully transparent

Hopefully, this puts these matters to rest.

Amid this message of service and hope, however, Kushner is offering a great big shiny object.

As Jim Comey (a far more qualified civil servant than Kushner, whom Kushner personally pushed to be fired for that service) said months ago, FBI is not assessing whether there was “collusion” here. The term is legally meaningless. What they’re looking for is “coordination,” the kind of coordination you might find in a discussion about capitulating to Russian policy in Syria — even setting up a back channel to do so — in the immediate wake of an election decided with the help of those same Russians.

There’s plenty of evidence to support that kind of coordination in this statement.

The Banality Of Evil Access Journalism

A tweet from a talented, but maybe Stockholmed, journalist favorite of Mr. Trump:

This reporter is old enough and smart enough to know and understand exactly what Rudy and Trump are, but still evinces this blithe acceptance bullshit?

Please stop, yer killing me. With every passing day, the initial criticisms as to the lameness of Haberman, Baker and Schmidt’s on and off duality of record “interview” of Trump look smarter. Greg Sargent was early with this:

President Trump’s extended, rambling new interview with the New York Times provides perhaps the clearest picture yet of his conviction that he is above the law — a conviction, crucially, that appears to be deeply felt on an instinctual level — and of his total lack of any clear conception of the basic obligations to the public he assumed upon taking office.

There are numerous worrisome moments in this interview, from his incoherence on the health-care debate (“preexisting conditions are a tough deal”) to his odd asides about history (Napoleon “didn’t go to Russia that night because he had extracurricular activities, and they froze to death”).

But, frankly, the entire tenor and credulity of the interviewers – and the interview – as a whole is simply beyond belief. NYU Journalism Professor Jay Rosen hit on the latter in a very cogent tweetstorm, as to the interview itself.

But I have to ask the same questions about the journalists conducting this interview. There were a lot of knee jerk defenses, mostly by other journalists, of the manner in which the interview was conducted sans followup questions and factual corrections of Trump’s blatant and rampant absurdity and lying, early on Twitter. The thin skinned “interviewers” of course blanched and professed how much they were just “doing their job”.

At what point does it become journalists’ “job” to stand up for truth, have the guts to speak it to power actually during their access, and not just in seeking it? But, hey, maybe these NYT journalists can deflect it all by comparing the current American crisis to the not even close to analogous bogosity from 20 years ago in the Clinton era. You know, the same misdirection horse manure their access point Donald Trump relentlessly tries to foster.

The United States is not dealing with the same paradigm of politics it was even as recently as seven months ago. Both the citizen public, and the press that supposedly serves them, need to understand the fundamental change and adapt. The presumption of normality still being afforded Trump and his Administration is a disservice to both the people and their democracy. It is, in this critical living breathing moment, the banality of evil.

The Long-Delayed Jeff Sessions Reveal

Today (or yesterday — I’ve lost track of time) the WaPo reported what has long been implied: there’s evidence that Jeff Sessions spoke to Russian Ambassador Sergey Kislyak about campaign-related stuff, contrary to his repeated sworn comments.

At first, I thought this revelation might relate to Richard Burr’s assertion that Devin Nunes made up the scandal about which Obama officials had unmasked the identity of Trump officials who got sucked up in intercepts of Russians.

“The unmasking thing was all created by Devin Nunes, and I’ll wait to go through our full evaluation to see if there was anything improper that happened,” Burr said. “But clearly there were individuals unmasked. Some of that became public which it’s not supposed to, and our business is to understand that, and explain it.”

After all, one of the things the Senate Intelligence Committee would do to clear Rice is figure out who unmasked the identities of Trump people. And there’s at least circumstantial evidence to suggest that James Clapper unmasked Jeff Sessions’ identity, potentially on the last day of his tenure.

But Adam Entous, one of the three journalists on the story (and all the stories based on leaks of intercepts) reportedly said on the telly they’ve had the story since June.

Which instead suggests the WaPo published a story they’ve been sitting on since Sessions’ testimony.

The WaPo story cites the NYT interview in which Trump attacked Sessions for his poor answers about his interactions with Kislyak.

Trump, in an interview this week, expressed frustration with Sessions’s recusing himself from the Russia probe and indicated that he regretted his decision to make the lawmaker from Alabama the nation’s top law enforcement officer. Trump also faulted Sessions as giving “bad answers” during his confirmation hearing about his Russian contacts during the campaign.

Officials emphasized that the information contradicting Sessions comes from U.S. intelligence on Kislyak’s communications with the Kremlin, and acknowledged that the Russian ambassador could have mischaracterized or exaggerated the nature of his interactions.

Many people took this interview as an effort on Trump’s part to get Sessions to resign.

And the WaPo goes on to note that the disclosure — by these same journalists — of Mike Flynn’s conversations with Kislyak led to his resignation.

Kislyak was also a key figure in the departure of former national security adviser Michael Flynn, who was forced to leave that job after The Post revealed that he had discussed U.S. sanctions against Russia with Kislyak even while telling others in the Trump administration that he had not done so.

And all of a sudden, we get this confirmation that Sessions has been lying all along.

Don’t get me wrong: I’d be happy to see Jeff Sessions forced to resign. But if he does, Trump will appoint someone more willing to help the cover up, someone who (because he wouldn’t have these prevarications about conversations with the Russian Ambassador and therefore won’t have to recuse) will assume supervision of Robert Mueller.

So while I’m happy for the confirmation that Sessions lied, I have real questions about why this is being published now.

McCain’s Brain Versus American Lives and Healthcare

There is no joy here in the Mudville that is Arizona. John McCain may have been somebody that natives like me disfavored from the start because of his hubristic usurpation of a true legend and son of Arizona, John Rhodes, but no one here wanted this.

Not now. Not ever.

So the “press” such as they may be, can run all their blathering hagiographies. Go run with that. It’s what you do, isn’t it?

But, for now, thankfully, McCain is alive and well. I am thankful for that.

And, I hope, at this critical juncture in life, John McCain finds it within himself to realize that the healthcare that has kept him alive, and diagnosed his problems, should NOT be limited to Congresspeople and those that married into money. We all deserve the benefit of what McCain has realized.

John McCain has an opportunity to stand up now for those that have none of his storied display of heroism, nor the benefit of his position. His story, because Mr. McCain was born into military care and then segued into other money and entitlement that does not transfer to most of us. For the common citizens he has always talked about, yet curiously abandoned, when it counted in close measures on the Senate floor, where has John McCain been? Absent, that is where.

The man who lived under the press moniker “Maverick” can ride into the famous sunset of his adopted state by helping real people instead of going out with the McConnell Republicans determined to screw the populous. Who will John McCain be?

Who will John McCain be? The elusive and etherial “Maverick” he has always painted himself as being? Or the reliable vote for craven Republican policies that devastate real citizens? Arizona, indeed America itself, deserves the McCain always portrayed and lionized in his numerous campaigns. Not the guy who always defaulted to the GOP sick and craven core.

Will John McCain have the guts and glory he is famous for, and go out fighting for the common American and their human rights to healthcare and financial and educational stability? The exact things McCain has fatuously blabbered about and never really supported in Congress? Or will he do better?

Who are you truly John McCain? A dying country, in the age of Trump, wants to know.

You have a chance to now be the man you always painted yourself to be. For the sake of this country, please be that man.