An Egyptian Bank Claimed Details of a Suspected $10 Million Payment to Trump Might be in China

Back on September 19, 2018, then DC Chief Judge Beryl Howell denied a motion brought by an Egyptian bank to quash a subpoena for information on a suspected $10 million payment made to then-candidate Trump in fall 2016. That set off litigation that continued, at the District, Circuit, and Supreme Courts, for at least nine months.

As CNN described in 2020, not long after the investigation got shut down under Bill Barr, investigators had been trying to see whether Egypt (or some entity for which Egypt served as go-between) provided the money that Trump spent on his campaign weeks before the election.

For more than three years, federal prosecutors investigated whether money flowing through an Egyptian state-owned bank could have backed millions of dollars Donald Trump donated to his own campaign days before he won the 2016 election, multiple sources familiar with the investigation told CNN.

The investigation, which both predated and outlasted special counsel Robert Mueller’s probe, examined whether there was an illegal foreign campaign contribution. It represents one of the most prolonged efforts by federal investigators to understand the President’s foreign financial ties, and became a significant but hidden part of the special counsel’s pursuits.

The investigation was kept so secret that at one point investigators locked down an entire floor of a federal courthouse in Washington, DC, so Mueller’s team could fight for the Egyptian bank’s records in closed-door court proceedings following a grand jury subpoena. The probe, which closed this summer with no charges filed, has never before been described publicly.

Prosecutors suspected there could be a link between the Egyptian bank and Trump’s campaign contribution, according to several of the sources, but they could never prove a connection.

It took months of legal fight after Judge Howell denied that motion to quash before the Egyptian bank in question complied, and once they got subpoena returns, prosecutors repeatedly complained that the bank was still withholding information, which led prosecutors to reopen the investigation with a new grand jury.

That much we know from documentation unsealed back in 2019 (part one, part two, part three), in response to a Reporters Committee for Freedom of the Press request for unsealing.

On August 17, 2023, while she was still Chief Judge, Beryl Howell ordered the government to post newly unsealed sets of some of the orders she issued during the litigation. On Thursday, Chief Judge Boasberg ordered that newly redacted set of opinions to be released. While Howell released six opinions in June 2019 along with the other materials from the case — with redactions done digitally, thereby hiding the length of redactions — just three new versions of her orders got released last week:

These may be limited to orders incorporated as appendices in prior appeals, which might also explain why the first two appear twice in the newly-released materials.

Much of the newly unsealed material pertains to a fight over how much Alston & Bird, the law firm representing the Egyptian bank, could say about the litigation publicly. Among other things, prosecutors under Robert Mueller objected to their own names appearing publicly, out of a desire to tie this litigation to the narrow scope of Mueller’s investigation into interference in 2016.

One thing made clearer by a redaction in that January 2019 opinion on public comments is that the DC Circuit considered what public comments the two sides could make, in addition to SCOTUS, as part of its denial of cert.

It’s possible that the DC Circuit has weighed in, secretly. Among the details newly unsealed in the original opinion are the names of two of the bank’s other lawyers: Ashraf Shaaban (who appears to be or have been in-house counsel) and Mona Zulficar (who runs a Cairo corporate law firm). Those lawyers were named in conjunction with declarations they submitted arguing some part of the claim that Egyptian Anti-Money Laundering law would prohibit compliance with the subpoena as would unspecified law in a third country, described as Country B

Howell described that Alston & Bird are relying on,

conclusory declarations by [redacted] own Country A in-house and retained counsel, which themselves cite no legal authority on this question of [redaction] See Decl. of Ashraf Shaaban,, Mov’s Group Legal Counsel (“Shaaban Decl.”)¶7, ECF No. 3-6; Suppl. Decl. of Mona Zulficar, “Suppl. Zulficar Decl.”)¶ 4, ECF No. 12. The Court gives these declarations little weight. [bold newly unsealed, compare this passage with this one]

So if we can figure out who Shaaban works or worked for to ID the bank.

It’s the unspecific third country, Country B, that is the most interesting new disclosure, however.

The newly unsealed passages do not identify which country, described as Country A and which CNN identified as Egypt, owns this bank. But they do show that the bank or its lawyers wanted to share the subpoena with personnel in Cairo.

The newly unsealed passages do identify which third country’s laws, unspecified laws, might prohibit lawyers from searching for responsive documents in that country: China.

In other words, a bank owned by Egypt said it couldn’t comply with a subpoena seeking information on a suspected payment to Trump during the 2016 election, in part, because China’s laws would prevent that.

Update: Ashraf Shaaban works for the National Bank of Egypt.

Big Media Ignoring the Who What When Why of GOP Apology for Trump’s Crimes

Even before and especially in the wake of Trump’s guilty verdict, members of the MAGAt Party has stumbled over themselves to declare fealty to Donald Trump, and in the process to demean rule of law.

Chris Hayes described the process as a mob style pressure campaign.

This enforcement action is happening because the Trump people and the Fox people and most of the people in the upper echelons of the party understand: the only way to bring Trump down, to end his political career,  is if Republicans turn against him.

As long as they stay unified, no matter what he does, no matter how abhorrent, or how dangerous, or how criminal, or how vile, no matter how much of a threat he is to the nation, if they all band together, then in a polarized landscape, they can basically keep him afloat and make it essentially a coin toss.

That is why they dressed up like him during the trial and rushed to debase themselves in cringe-inducing fashion on any live TV camera they can find.

[snip]

There have only been two times in Trump’s political career where that dynamic of Republican unanimity has broken, where Trump was near political death.

One was in the aftermath of January 6, the violent assault on the Capitol that he stirred up, when everyone was criticizing him, when the blood was still on the floor of the Capitol including Lindsey Graham and Kevin McCarthy. Remember that? Trump’s approval rating dropped below 40%, about the lowest level it reached. Mitch McConnell was testing the waters for a vote for an impeachment conviction.

If it had not been for that man, Mitch McConnell’s abject, enduringly pathetic cowardice and McCarthy’s relentless quest to have the third shortest speakership in history — not to mention the legitimate fear Republican senators had for their families about violence — we wouldn’t have this issue now. They could have just voted to convict him and bar him from future office. Done.

Ironically enough, the other time — the other sort of near political death experience — was in the wake of the Access Hollywood tape. And just about every elected Republican tried to distance themselves and criticize him. Republican National Committee Chair Reince Priebus was even considering how to get him off of the ticket.

But Trump managed to hold it together, due in no small part to the fact that right at that moment, he got a guy named Michael Cohen, his lawyer, to pay to keep the porn star from talking. And so the Republicans never heard about that story, nor did the public, which could have been the political death blow.

The lesson he learned is if you enforce this totalitarian unanimity, you can keep chugging along.

Journalists not named Chris Hayes are covering this too.

But they’re covering it differently.

Like this 1,400-word story from WaPo yesterday.

It describes that Republicans are backing Trump’s false claims of victimhood. It quotes at least twelve Republicans undermining the verdict, most in inflammatory terms. It even notes, in lukewarm fashion, that Trump’s claims of victimhood have no basis.

But even though it gives ample platform to Bible-thumper Mike Johnson to screech, it doesn’t use the word “porn,” opting instead for “hush money.” It doesn’t use the word “fraud,” opting instead to describe “falsifying business records.”

If you were Martian dropping onto the Earth to learn what the hubbub was about, you would never know that the Speaker who claims to live by the Ten Commandments was running cover for a guy who paid $400,000 to cover up fucking a porn star while his spouse was home with his youngest kid.

This one, also close to 1,400 words, is worse. It doesn’t even mention what crime Trump was convicted of (it links to a piece describing that Trump was, “falsifying business records to conceal alleged affairs.”

Donald Trump — in the form of his University, his charity, his real estate empire, and finally his biological person — has been adjudged a fraudster over and over. Along the way there’s the lady he assaulted in the Bergdorf Goodman dressing room and the porn star he fucked who, he said, reminded him of his oldest daughter.

And almost nowhere, along the way, are journalists asking Republicans — or simply stating as fact — that the entire party has decided to apologize for fraud and fucking porn stars.

The press is giving Republicans a pass for conducting a wholesale assault on rule of law. Republicans are disavowing almost every thing they claim to stand for — and when you throw in the 140 cops assaulted on January 6, it would include everything — and yet the sordid details of what Trump actually did have disappeared.

Trump paid $400,000 to cover up fucking a porn star; he grossed it up to make sure it he’d kill the story in time.

It’s not just that Republicans are enforcing totalitarian unanimity in supporting Trump for fucking a porn star and covering it up. But that din of slavering Republicans debasing themselves to Donald Trump has silenced coverage about what it is Trump was found to have done.

Trump paid $400,000 to cover up fucking a porn star. Make the Bible-thumpers own that when they rush to defend him.

On Eve of Hunter Biden Gun Trial, Judge Maryellen Noreika Covers Up Possible Gun Crime

Judge Maryellen Noreika has ruled that Hunter Biden cannot present evidence that, to cover up that StarQuest gun shop sold Hunter Biden a gun without requiring him to show an ID with his address on it, the shop owner and one of its employees falsely claimed they had seen such ID three years after the fact on the physical ATF form.

They doctored the form.

More importantly, the gun shop owner testified that he did so because Hunter Biden listed a celebrity address (his father’s), and also because he wanted to get Joe Biden’s kid out of his store as quick as possible.

By his own testimony, the gun shop owner only belatedly complied with the required record-keeping because of who Hunter Biden is.

Now I get that Hunter Biden cannot claim that he cannot be prosecuted because the gun shop owner also committed a potential crime. Judge Noreika is perfectly correct to prevent that kind of argument.

But Hunter Biden has to be able to use the shop’s admitted willingness to skip documentary steps with a celebrity client and doctor the forms after the fact, because it leaves open the possibility they did that with more than the identification.

In ruling against Biden, though, she said that the gun shop’s willingness to doctor the form after the fact on one issue would not have any tendency to make it more likely they did elsewhere on the form.

Indeed, she seems to misunderstand that the gun shop owner appears to have confessed to doctoring the form.

2. The Court finds that the 2021 Form is irrelevant and inadmissible under Federal Rule of Evidence 401 and excludes it at trial.2 Moreover, even if the 2021 Form were admissible, the Court finds that it is excluded under Federal Rule of Evidence 403 because any probative value it arguably has is substantially outweighed by a danger of unfair prejudice, confusion of issues, and misleading the jury.

2 The government has stated that it intends to call Gordon Cleveland, a gun shop employee, who will testify that he watched Defendant fill out Section A of the Certified Form and that Defendant checked “no” to question 11e about being an unlawful user or addict. Both the Certified Form and the 2021 Form have the same check mark (“X”) responding “no” to question 11e. The addition of “DE VEHICLE REGISTRATION” to a different section of the 2021 Form after the Defendant filled it out does not have “any tendency to make” those two facts, which are “fact[s] of consequence in determining” the charges – that he filled it out and that he said he wasn’t an unlawful user of or addicted to a controlled substance – more or less probable. F.R.E. 401. The Court also agrees with the government that Defendant’s conspiratorial theory about “doctored” forms and currying favor with the government is unsupported rhetoric, which would be prejudicial and confusing to the jury.

One reason her logic he is especially problematic is because it’s clear the form wasn’t prepared at once. The multiple colors make it clear that the date on Gordon Cleveland’s signature — the employee on the hook for selling a gun without seeing an ID with an address on it — was added after the fact, and probably by someone else (Cleveland reportedly testified that his colleague wrote everything in red ink).

Noreika likely credited something misleading Derek Hines said in a reply posted shortly before her order which cites to it (he has, repeatedly, projected his own inaccurate claims onto Abbe Lowell, and this may be an instance where, at the very least, Hines misunderstood a reference Lowell made).

Hines took what appears to be a reference to Cleveland saying he never saw a Delaware registration, and instead insinuated that by that reference to “a second form of identification,” Lowell instead referred to what the FBI showed Cleveland, rather than what Hunter did.

Cleveland has been entirely consistent on the issue of identification in the two interviews where it came up. Defendants claims he has offered an “evolving story,” but that characterization is not accurate based on defendant’s own quotes from Cleveland’s Jencks material. Supp. Resp. at 5. The only form of ID Cleveland saw was the passport. He never saw a Delaware vehicle registration and never claimed to. Instead, in both interviews he stated that Turner, who handled the background check, may have, but Cleveland didn’t have first-hand knowledge of whether he did or didn’t. In his first interview on September 27, 2021, Cleveland told investigators:

“He said he would provide the copy of the U.S. Passport and the firearm information on a sheet of paper to the person sending the background check in. Mr. Cleveland said he did not see the document [a second form of identification] with the ATF Form 4473 he was shown [by the Agent on September 27, 2021].” (TAB 3, 10/12/21 ATF EF 3120 at 2, ¶6) (emphasis added). Supp. Resp. at 5 (emphasis added).

The government at this point is obligated to point out that the defendant is again making malpresentations to the Court. In the above quote from his filing, the defendant inserted brackets into a real quote from the September 27, 2021, interview report for Cleveland. The defendant writes in those brackets that “Mr. Cleveland said he did not see the document [a second form of identification] with the ATF Form 4473 he was shown [by the Agent on September 27, 2021]. Supp. Resp. at 5. What defendant inserted into those quotes in brackets isn’t accurate. The ATF never showed Cleveland “a second form of identification.” If you look at the report, which defendant has and attached to his filing, it says that the only documents that were shown to Cleveland, at any point during the interview, were the following:

The ATF did not show Cleveland “a second form of identification,” as the above list of documents make clear. Defense counsel made that up. What defense counsel chose not to quote from that report was the next sentence: “He said Jason Turner may have gotten the vehicle registration due to the U.S. Passport issue.” As defendant noted, Cleveland was not asked any questions about the form of identification that was used in the grand jury so there is nothing inconsistent between his first interview and his grand jury testimony.

Finally, when asked in his second interview on May 17, 2024, about identification he repeated that he only saw the passport and did not see a Delaware vehicle registration:

When Biden presented his passport as identification, Cleveland went into the back and asked Ronald Palimere and Jason Turner if it could be used. Cleveland recalls going back out to Biden and saying something to the effect that if Biden was going to use a passport, they would need another form of identification. [] Cleveland thinks Biden went outside and got something, but he can not say with certainty. Cleveland would not have paid attention to the paperwork side of the sale because he had already done his part by working with the customer and making the sale. Cleveland does not think they would have competed the sale without the second identification, though. (TAB 3B, 5/17/24 Cleveland FD-302 at 1). Supp. Resp. at 5. [Hines’ bracket, which I’ve bolded, only marks paragraph break; my italics]

In every interview Cleveland stated that Turner handled the part of the form that covered forms of identification, Section B, and he, Cleveland, watched the defendant fill out Section A, where the defendant records information about himself and answers the required questions, including the one that is the basis of the charges, namely, whether he was an unlawful user of or addicted to a controlled substance. Here is what Cleveland said in his first interview:

Defendant claims “Palimere was in discussions with Cleveland and Turner on that date about what was and was not on the form and, thereafter, the sale would be made regardless of legal compliance concerns.” Supp. Resp. at 7. That is not true. Defense counsel made that up, too. And the best evidence it is not true is that defendant cites nothing from any grand jury transcript or interview report in support of that assertion in his supplemental response. To be clear, no one has testified or stated in an interview—not Cleveland, not Turner and not Palimere—that they discussed “what was and was not on the form.” All that was discussed was whether a U.S. Passport could be accepted as a form of identification and whether a Delaware vehicle registration was needed as a second form of identification. And no one has testified or stated in an interview—not Cleveland, not Turner and not Palimere—that they discussed “the sale would be made regardless of legal compliance concerns,” because no such discussions occurred. [my italics]

The quote Hines accuses Lowell of excluding — that Jason Turner may have gotten a second form of ID — is utterly consistent with the reading that Lowell was referring to what Hunter showed Cleveland, not what the FBI did.

Even based off what is public, Hines appears to be misreading the rest, too.

Palimere, the gun shop owner, was in discussions with both Cleveland and Turner about what would be used on the form (the passport only). And while inapt, I believe Palimere’s testimony is only consistent with a claim that the sale would be made regardless.

That’s because it was made regardless, after a discussion about whether to get anything more.

In the case of Biden’s sale, Gordon Cleveland, was the salesman. Palimere was sitting at his desk in the back and Cleveland said something to the effect of, “Hey, Hunter Biden’s here. He wants to use his passport.” Palimere was familiar with Biden’s father’s not being a gun supporter so Palimere thought it would be bad for Palimere’s business to have Hunter Biden seen in his store. Palimere wanted to get the sale completed and get Biden out of the store, so Palimere said yes to using the passport as identification. Palimere never interacted with Biden.

[snip]

Normally, they would call a customer if they found an error/omission and needed to annotate the Form 4473. The ability to annotate the Fom 4473 is allowed by the ATF. For this case, a typical customer would have been called and told they needed to come back in and bring registration to show the residency.

Palimere was not about to call Biden. Palimere felt they could not have him come into the store. Plus, Palimere did not want to contact Biden and tell him he needed to come in and he was being investigated.

We can’t be sure (Lowell submitted his filing under seal because it included grand jury and non-public exhibits), but Hines’ representations seem to take imprecise comments from Lowell and read them in a way that makes no sense.

Noreika’s ruling becomes a problem (and likely will require at least clarification) for two reasons that seep into Hunter Biden’s Sixth Amendment right to impeach the government’s witnesses.

First, in the order, Noreika prohibited all discussion of political bias, which Hines suggested Lowell wanted to present exclusively through Palimere’s efforts to make this public before the 2020 election.

3. Questioning, testimony, evidence or argument, including but not limited to, the additional exhibits designated by the Defendant as tabs “6-6C” to his supplemental submission regarding any witnesses’ political bias are excluded from introduction or admission at trial because such questioning, testimony, evidence or argument is not relevant, is unduly prejudicial and invites nullification.3

3 The Court agrees with the government that the political views expressed in 2020 by the gun shop owner, Palimere (who did not witness Defendant fill out Section A of the Certified Form or check the box for question 11e in 2018), are sideshows aimed at tainting or confusing the jury. [my italics]

But Palimere described that he made an affirmative decision to treat the sale to Hunter Biden differently because of who his father is. Palimere freely confessed that he sold a gun without requiring the proper paperwork because Joe Biden is not a gun supporter.

Palimere was familiar with Biden’s father’s not being a gun supporter so Palimere thought it would be bad for Palimere’s business to have Hunter Biden seen in his store. Palimere wanted to get the sale completed and get Biden out of the store, so Palimere said yes to using the passport as identification.

This is politics. It affected the sale. Noreika doesn’t want that to come in because explaining that the gun store didn’t follow the rules with the sale to Hunter Biden and that they did so because of Joe Biden’s politics would be unduly prejudicial.

That strips Hunter of the ability to present key details about the sale.

And Noreika’s ruling may prevent Hunter from impeaching Cleveland.

A prosecutor can’t simply claim, nope, these statements Cleveland made about the form are not inconsistent. That usurps the role of the jury.

And they are inconsistent. In the first interview, Cleveland said that if a second ID was really requested, Turner handled it (it’s unclear whether Turner ever came to the front room, but since he’s the guy who doctored the form, it would be significant if he did). In the second interview, Cleveland claimed to remember asking for it. If his memory is inconsistent on that point, there’s no reason to credit his memory about how the form was filled out.

That, coupled with Cleveland’s claim he didn’t much care about the paperwork, should be fair game for questions about whether Hunter Biden’s part of the form really was filled out properly. As it is, Cleveland has signed the form even though he didn’t do key parts of it. But Noreika’s exclusion of the form will make it nearly impossible to argue that Cleveland’s testimony about the form is inconsistent.

Judge Maryellen Noreika may think it’s a conspiracy theory that the gun shop doctored the form because they wanted to get Joe Biden’s kid out of the shop quickly. Except it is also precisely what the gun shop owner’s testimony says.

Update: One piece of timing of note. ATF picked up the physical form on September 24, 2021. Cleveland was first interviewed on September 27, 2021. It appears they had to have used the physical form, not the scanned one, not least because the reference to the DE registration only appears on page 2 in the form, not the scan (which has a cover sheet). He was not interviewed again until a grand jury appearance. We know investigators did no basic investigative steps (getting a warrant, sending the pouch to be tested) until after the actual indictment.

Which makes me wonder whether they decided not to pursue charges because of this form and now are just (successfully, so far) bulldozing past this real evidentiary problem.

Update: According to the 302 from Cleveland’s May 2024 interview, he stated that he would not have paid attention to the paperwork side of the sale.

Cleveland thinks Biden went outside and got something, but he can not say with certainty. Cleveland would not have paid attention to the paperwork side of the sale because he had already done his part by working with the customer and making the sale. Cleveland does not think they would have competed the sale without the second identification, though.

This is a stunning comment from someone whose name is on the form transferring the gun. I could certainly see questioning about why he signed off on a form without personally taking responsibility for the paperwork, not least because he recognized the passport was not sufficient. His boss has basically put him in a position where he’s on the hook for a crime.

Now, he may contest this representation — 302s are only used to refresh memory, they never go back to the jury.

But if he does, it would be his word against the FBI agent who’ll submit much of the rest of the case, because they broke FBI protocol by not having a second FBI agent there. So Cleveland may be in the position of having to admit he violated gun purchase laws, knowingly, or trying to undercut another key witness.

“Swept Up!” The Russian Payments that Led to Trump’s Felony Conviction

There has been a lot of performed ignorance about the origin of the investigation that led to the felony conviction of Donald Trump.

Former Attorney General Jeff Sessions’ spox, Sarah Isgur, quoted Robert Jackson about prosecutors choosing defendants.

Kerri Kupec, the DOJ spox who helped Bill Barr spin key aspects of his unprecedented corruption at DOJ, likewise quoted Jackson.

Both mouthpieces for Trump’s DOJ insinuated that Alvin Bragg invented this case out of thin air, rather than pursuing the fraud revealed by an investigation that developed — and was substantially interfered with by Barr — while they were at DOJ.

Then, three of the NYT reporters who commented on Trump’s wild screed the other day mused about whence this investigation might have come from, with Maggie describing those whose own actions made them targets of the Mueller investigation in the passive voice, “swept up,” as she is wont to do (to say nothing about her refusal to discuss the way Trump’s pardons silenced key witnesses against him).

We know whence the investigation into Cohen, and therefore the investigation into Trump, came from, thanks in part to a media coalition including NYT, because the coalition liberated the warrants used to investigate Cohen.

As the first warrant targeting Michael Cohen, dated July 18, 2017, lays out, the investigation started from information “supplied by” — almost certainly in the form of Suspicious Activity Reports — a bank known to be First Republic Bank.

This Know Your Customer filing was submitted as an exhibit at the Trump trial.

The entity will be set up to receive consulting fees in the form of wires and ACH — all under 10K 1-2 a month, the wires and fees will be income from consulting work from personal clients, all domestic. He will then internally transfer the funds to his personal account at First Republic. He is setting this account to keep the income from his consulting work separate.

Even the original Stormy Daniels payment violated the representations Cohen made in that KYC statement (as likely explained in still-redacted passages in the warrant affidavit).

As Gary Farro, a witness who had worked at First Republic explained at trial, Cohen denied that the account (and an earlier one, Resolution Consultants, the plan for which he abandoned) had anything to do with political fundraising.

Q Looking now at the question in — labeled number 12. What does that say?

A “Is the entity associated with political 21 fundraising/political action committee PAC.”

Q And what answer is checked?

A “No.”

Q And do you know why the form includes a question about political fundraising?

A Because it would be something the bank would want to know.

Q And if somebody checked “yes,” is that something that would require additional review by the bank?

A Yes, it would.

[snip]

Q And looking at the questions towards the top third of 3 the page.

In the form does it say — does this have the same question that we saw in the Resolution Consultants form?

It says: “Is the entity associated with political fundraising or political action committee.”

A Yes. This is just the digital form of what was provided earlier, which would be the hard copy.

Q What’s the answer to the political fundraising question 11 on the form?

A Is “No.”

Q Now, turning to the business narrative portion in the middle of the page.

What business narrative is provided for Essential Consultants LLC?

A It’s Michael Cohen is opening Essential Consultants LLC as a real estate consulting company to collect fees for investment consulting work he does for real estate deals.

Within days after he set up the account on October 13, 2016, his October 27 transfer to Keith Davidson violated Cohen’s claims to be engaging in real estate deals. As Farro explained, had Cohen indicated the transfer had a political purpose, it would have invited more scrutiny from the bank — and possibly a delay in the payment.

Q Did any of the wire transfer paperwork indicate that money was being transferred on behalf of a political candidate?

A No.

Q Would the bank’s process for approving the wire transfer be different if Mr. Cohen had indicated that the money was being transferred on behalf of a political candidate?

A We would have additional due diligence.

Q Would that have delayed the transaction?

A It certainly could.

Had it ended with just that hush payment, had the hush payment remained secret, Cohen might have gotten away with it.

But it didn’t.

As that first warrant goes on to explain, after Cohen quit Trump Organization and announced he was serving as Trump’s personal lawyer, he used the same account to accept payment from a bunch of foreign companies, some of them controlled by foreign governments. That led the bank to provide more information — again, almost certainly in the form of SARs — to the Feds.

The most alarming of those payments involved $416,665 in payments over five months from Columbus Nova, which is ultimately controlled by Viktor Vekselberg.

The reason those payments were such a concern is that, as the NYT itself reported on February 19, 2017, Andrii Artemenko (Person 2) and Felix Sater (Person 3) had used Cohen to pitch a “peace deal” for Ukraine to Mike Flynn.

The warrant affidavit really downplayed the substance of the NYT story, which described Artemenko claiming that the “peace plan” “he had received encouragement for his plans from top aides to Mr. Putin.” In the story, Cohen excused chasing a plan with support from Russia based on Artemenko’s claim to have proof of corruption implicating then Ukrainian President, Petro Poroshenko.

After speaking with Mr. Sater and Mr. Artemenko in person, Mr. Cohen said he would deliver the plan to the White House.

Mr. Cohen said he did not know who in the Russian government had offered encouragement on it, as Mr. Artemenko claims, but he understood there was a promise of proof of corruption by the Ukrainian president.

“Fraud is never good, right?” Mr. Cohen said.

Cohen’s claim that, “Fraud is never good,” did not make the warrant affidavit that would set off an investigation that would lead to the conviction of Donald Trump on 34 counts of fraud.

The payments from Columbus Nova — along with payments from Korea Airspace Industries, Kazkommertsbank, and Novartis — would undoubtedly have resulted in SARs in any case. But given the report on the “peace deal,” it substantiated probable cause to suspect that Cohen was acting as an agent of a foreign power and/or violating FARA, which statutes were two of the four crimes the warrant authorized the FBI to investigate.

But false statements to a financial institution were also in there, in part, lying to First Republic about using the Essential Consultants account to pay off porn stars and accept big payments from foreign companies.

Michael Cohen, and so, Donald Trump, was not investigated simply because he had ties to Donald Trump. Claiming he was ignores the public record, including legal and reporting work done by the NYT. It ignores Cohen’s actions, including boneheadedly stupid moves he made as he tried to profit from his proximity to Trump.

He was investigated because he lied to his bank and then, even as he was making public comments about entertaining a “peace deal” with Russian involvement, used the bank account associated with the hush payment to accept big payments from a prominent Russian oligarch.

Importantly, this predication — a SAR implicating a politically exposed person about big payments from a foreign company — is far more than what predicated the investigation, and now six years of non-stop attention from the GOP, into Hunter Biden. That investigation started from a SAR about sex workers, from which an IRS agent fished out Hunter Biden’s name and then spent seven months digging before using Burisma to predicate a grand jury investigation.

If mouthpieces for Trump’s DOJ have a problem with this investigation, then they should be speaking out even more loudly about the investigation into Hunter Biden in which Bill Barr personally tampered.

Update: Corrected an error where I transposed the number of fraud counts Trump was convicted on. It’s hard to keep count!

Update: Isgur is out with an op-ed that scolds Hunter Biden he should plead guilty, without noting that to appeal the motion to dismiss based on the reneged plea deal, he can’t do that. Isgur also doesn’t mention that the gun shop doctored the form.

Trump NY Hush Money Fraud Trial: A Verdict Is In [UPDATE]

[UPDATE: This post originally crossed with Marcy’s when the verdict released. It was pulled back and has been re-released. As Marcy’s post has now gotten unwieldy with +200 comments so far, continue your discussion about the verdict here. See also Marcy’s latest post, Trump Undone by the Truth of His Pecker. /~Rayne]

 
 

This thread is dedicated to discussion of the Trump’s NY hush money fraud trial; the court announced shortly after 4:30 p.m. ET Thursday that the jury has reached a verdict.

~ ~ ~

THURSDAY 5:08 P.M. —

The jury found Trump guilty on all 34 counts.

~ ~ ~

Marcy’s got a post up as well, with a much more effective headline: Trump Convicted of Fraud to Cover-up Fucking a Sex Worker

~ ~ ~

House Speaker Mike Johnson just did his bit to undermine the rule of law by minimizing this conviction of Trump’s crime against the state of New York:

Steve Herman @[email protected]

“Today is a shameful day in American history. Democrats cheered as they convicted the leader of the opposing party on ridiculous charges, predicated on the testimony of a disbarred, convicted felon. This was a purely political exercise, not a legal one,” reacts House Speaker Mike Johnson in a statement immediately after the Trump convictions.

May 30, 2024, 05:17 PM

The insurrection continues, in other words.

~ ~ ~

Mark your calendar for July 11 as sentencing will be that day.

Keep discussion in this thread on topic. Thanks.

Trump Undone by the Truth of His Pecker

In days ahead, the criminal protection racket known as the GOP will spend an enormous amount of energy reinforcing Trump’s spin on the crimes of which he was convicted.

The court room was so cold it violated his due process rights.

Any judges who have Democrats in their family are disqualified from presiding over trials of Donald Trump.

It is unfair for a man to be tried in the state where he lived for 70 years of his life, where he built a business, where he committed his crimes.

Trump cannot be prosecuted for cheating to win while he was President and cannot be prosecuted for cheating to win after he lost the presidency.

Trump’s practice of hiring liars to lie for him should immunize him from any criminal liability for crimes committed by those liars.

All of this is nonsense. But it is nonsense that has become an article of faith for members of a cult that make up 40% of the US voting population. All of this nonsense is the price of admission to the Republican Party. And because they all adhere to this nonsense, it serves as a kind of reality for those who adhere to that faith.

I’m of the belief that Trump’s prosecution will only matter if the entire GOP is held accountable for willfully sustaining the Reality Show that says Donald Trump, and only Donald Trump, must be immune from accountability. Indeed, the criminal protection racket must double down now, because if Donald Trump starts being held accountable for his own actions, then the years of coddling his misconduct — the corrupt choices they made to sustain his fiction of invincibility — may start to backfire on all those who made those corrupt choices.

Upholding the fraud Donald Trump has been spinning for eight years has become an object of survival for the entire party. And not just for the party, but for their psyches.

And that’s why it is important to emphasize why Donald Trump lost the case, as was made clear by the single substantive question the jurors had: To re-read four passages of testimony, three involving David Pecker.

Those passages made it clear that Trump was personally involved in efforts to kill stories that would harm Trump’s election chances — and that Pecker refused to kill a third, the Stormy Daniels story, in part because he couldn’t have his tabloid be associated with a porn star.

Q. Around this time, in October of 2016, did you also have any conversations with Michael Cohen about Stormy Daniels?

A. Yes, also a number of conversations.

Q. Can you tell the jury about some of those conversations?

A. Michael Cohen asked me to pay for the story, to purchase it.

I said, I am not purchasing this story. I am not going to be involved with a porn star, and I am not — which I immediately said, a bank. After paying out the doorman and paying out Karen McDougal, we’re not paying any more monies.

Q. How did Michael Cohen take that?

A. He was upset. He said that The Boss would be furious at me and that I should go forward in purchasing it.

I said, I am not going forward and purchasing it. I am not doing it. Period.

Pecker’s testimony, which validated Michael Cohen’s, came from a man who said he still considers Trump a friend. It came from a man who said he viewed Trump as a mentor.

David Pecker spent years spinning fictions. He put that fiction spinning machine to work for Trump’s campaign, attacking his opponents and killing harmful stories.

And then, he told the truth about spinning those fictions. He told the truth about why and how he spun those fictions. He told the truth about Trump’s role in spinning those fictions.

Trump’s success, his persona, has always been a careful creation built on fraud.

And that fraud became criminal in significant part because David Pecker told the truth about the fictions that go into sustaining the fraud.

Update: ernesto1581 reminded me that this account of the epic production efforts that went into making Trump look like a flashy CEO came out yesterday, thanks to the final lapse of the NDA.

Trump Convicted of Fraud to Cover-up Fucking a Sex Worker

The first five verdicts were guilty. Updates as they come.

Update: All 34 counts came back guilty.

Update: Sentencing will be July 11, the week before the GOP Convention.

Update: The Biden campaign has issued this statement.

Donald Trump has always mistakenly believed he would never face consequences for breaking the law for his own personal gain. But today’s verdict does not change the fact that the American people face a simple reality. There is still only one way to keep Donald Trump out of the Oval Office: at the ballot box. Convicted felon or not, Trump will be the Republican nominee for president.

The threat Trump poses to our democracy has never been greater. He is running an increasingly unhinged campaign of revenge and retribution, pledging to be a dictator ‘on day one’ and calling for our Constitution to be ‘terminated’ so he can regain and keep power. A second Trump term means chaos, ripping away Americans’ freedoms and fomenting political violence – and the American people will reject it this November.

How the Steele Dossier Broke MAGAts’ Brains

The Steele Dossier broke America.

Not literally. Nearly three decades of Fox News, increasing wealth inequality, and unlimited money in politics likely did that.

But there are MAGAts who blame much of it on the dossier. There are MAGAts who situate their own shift in allegiance from the country to Trump based on a false belief that the dossier was part of a devious plot between Hillary Clinton and the Deep State to frame Donald Trump. That’s a key part of this thread from a right wing podcaster excusing January 6, which went viral just days after the attack.

Such views — mixing accurate criticism of the dossier with wild conspiracy theories — really did play a key role in polarizing the US. Phil Bump explained how the adoption of such conspiracy theories (which he fact checked) worked in real time. And I noted that if, as virtually all Republican members of Congress who spent years investigating the dossier concluded, it was riddled with Russian disinformation, it means MAGAts attacked their own country in response to Russian disinformation.

This didn’t happen by accident. Instead, it likely involved a brilliant multi-step disinformation campaign victimizing everyone: Hillary, Paul Manafort and Trump, and even the Deep State.

The first step was a brutal double game Oleg Deripaska deployed: using his tie to Christopher Steele to add to Paul Manafort’s legal insecurity — or perhaps to hide his own role in election interference by offering himself as a potential cooperator — even while using that insecurity to win cooperation from Trump’s campaign manager on the election attack.

The next step was, apparently, injecting garbage into the Steele dossier, some near misses that obscured the real attack and made Trump’s people less secure.

The third was an effort, partly deliberate and then later partly organic (albeit often on the part of credulous people who published obviously false claims from Konstantin Kilimnik), to conflate the dossier with the entire Russian investigation. Along the way MAGAt politicians, both right wing and quasi-lefty influencers, and even established journalistic institutions would join this effort. Because the dossier was unreliable, because it was used in the investigation of Carter Page (a guy already under scrutiny when he joined the Trump campaign) — this sustained propaganda campaign insisted — all the reporting on the Russian attack, the FBI investigation into it, and the results must be nought.

By substituting the dossier for the rest of the Russian investigation, this propaganda effort flipped Trump’s enthusiasm for foreign interference in democracy on its head, and allowed him — the guy who invited Russia to hack his opponent — to play the victim.

Deripaska’s double game

The first part of this process has gotten the least attention (indeed, Republican conspiracy theories covered it up).

There were two parts of the intelligence collection on Trump and his associates: with a few notable exceptions, accurate open source research done by Fusion GPS itself, and raw HUMINT collection from former MI6 officer Christopher Steele that may have been injected with disinformation. It has long been public that right wing billionaire Paul Singer indirectly paid for the open source research during the GOP primary, only to have the Democrats pick up the project during the general election.

What’s not widely known is that starting in March — the same month Manafort was publicly hired by the campaign (though, according to Sam Patten, Konstantin Kilimnik expected that to happen before it was public) — Deripaska paid Steele, through an attorney, to collect on Manafort.

[Steele’s] initial entree into U.S. election-related material dealt with Paul Manafort’s connections to Russian and Ukrainian oligarchs. In particular, Steele told the FBI that Manafort owed significant money to these oligarchs and several other Russians. At this time, Steele was working for a different client, Russian oligarch Oleg Deripaska.

And Steele paid Fusion to help with this effort. So before May, Deripaska paid Steele, who paid Fusion. After May, Democrats paid Fusion, which paid Steele.

But, as Igor Danchenko described, that earlier effort to collect on Manafort met with little success.

[H]e may have asked friends and contacts in Russia [for information on Manafort], but he couldn’t remember off-hand. He added that, for this topic, his friends and contacts in Russian couldn’t say very much because they were “too far removed” from the matter.

It was after that, on a trip Danchenko took to Russia, when Steele asked Danchenko to “look for information dealing with the US presidential election, including compromising materials on Donald Trump.”

Probably as a result of this close relationship, by July, intelligence reporting later assessed, one of Deripaska’s associates was probably aware of the DNC dossier project. Similarly, reporting found that, “two persons affiliated with [Russian Intelligence Services] were aware of Steele’s election investigation in early 2016.” As I have, John Durham linked these two reports, suggesting a likelihood that the Russian spooks had ties to Deripaska (though in making that link, Durham obscured Deripaska’s identity). Given Deripaska’s own alleged ties to Russian intelligence, if his lawyer knew and he knew, spooks close to him — including, allegedly, Kilimnik — would likely have known. Durham also described that Russian intelligence had identified Steele’s subsource network.

Paul Manafort’s former boss, Oleg Deripaska, probably knew about the dossier project in close to real time.

Christopher Steele denies that’s the case.

If Deripaska did know of the project, though, it dramatically changes the significance of a meeting Christopher Steele had with Bruce Ohr, then a top lawyer coordinating DOJ’s effort to combat multinational organized crime, in late July 2016. Steele had been trying to pitch Ohr to recruit oligarchs purportedly willing to cooperate against Russia. He had, earlier in 2016, assured Ohr that Deripaska had distanced himself from Putin. Earlier in July, he contacted Ohr about Deripaska.

Steele thought Deripaska could be trusted.

And on July 30, between the time Konstantin Kilimnik flew to Moscow to prepare for his Paul Manafort meeting and when he arrived in New York for that meeting, Steele met with Ohr in DC.

For years, Republicans claimed that this was an instance of Steele working every contact he had at FBI and DOJ to make sure his dossier reports got shared. Except Steele did more than share dossier leads at that meeting (one, about what Russian spooks had reportedly said about Trump, the other about whom Carter Page might have met with in Moscow). In addition, he shared information about Russian doping, a topic on which Steele reportedly had a good track record.

And most importantly, Steele pitched information from Deripaska about Paul Manafort (this is from Ohr’s testimony to Congress).

Mr. Ohr. So Chris Steele provided me with basically three items of information. One of them I’ve described to you already, the comment that information supposedly stated and made by the head, former head of the Russian Foreign Intelligence Service.

He also mentioned that Carter Page had met with certain high-level Russian officials when he was in Moscow. My recollection is at that time, the name Carter Page had already been in the press, and there had been some kind of statement about who he had met with when he went to Moscow. And so the first item that I recall Chris Steele telling me was he had information that Carter Page met with higher-level Russian officials, not just whoever was mentioned in the press article. So that was one item.

And then the third item he mentioned was that Paul Hauser, who was an attorney working for Oleg Deripaska, had information about Paul Manafort, that Paul Manafort had entered into some kind of business deal with Oleg Deripaska, had stolen a large amount of money from Oleg Deripaska, and that Paul Hauser was trying to gather information that would show that, you know, or give more detail about what Paul Manafort had done with respect to Deripaska.

[snip]

Q Were there any other topics that were discussed during your July 30, 2016, meeting?

A Yes, there were. Based on my sketchy notes from the time, I think there was some information relating to the Russian doping scandal, but I don’t recall the substance of that.

When I first understood how this worked together, I thought that Deripaska was primarily doing this to increase Paul Manafort’s legal exposure, making Manafort more vulnerable when Deripaska, via Kilimnik, started making asks in a cigar bar days later. It certainly may have increased the chance that the FBI would develop the criminal investigation into Manafort.

But it likely did another thing: it likely made the FBI more interested in treating Deripaska as a source, rather than a subject. And sure enough, in September 2016, the FBI interviewed Deripaska, at which interview (John Solomon parroted in advance of Robert Mueller’s testimony, during the period Solomon was a key player in Rudy Giuliani’s information operation) he scoffed that Manafort would have any tie to Russia.

“I told them straightforward, ‘Look, I am not a friend with him [Manafort]. Apparently not, because I started a court case [against him] six or nine months before … . But since I’m Russian I would be very surprised that anyone from Russia would try to approach him for any reason, and wouldn’t come and ask me my opinion,’ ” he said, recounting exactly what he says he told the FBI agents that day.

“I told them straightforward, I just don’t believe that he would represent any Russian interest. And knowing what he’s doing on Ukraine for the last, what, seven or eight years.”

As I’ve written, much of the outreach to Trump’s associates in 2016 involved people who had served as FBI sources. Deripaska knew Steele spoke with the FBI. People like Sergei Millian and Felix Sater had been FBI sources. More recently, of course, Alexander Smirnov allegedly attempted to frame Joe Biden.

A key tactic of this effort was to exploit FBI’s HUMINT efforts, to use FBI’s informants against it. So much so that Deripaska even feigned cooperation with the FBI himself!

The dossier would become an important part of — largely constructed — stories about the Russian investigation. But that all lay on top a foundation of efforts Deripaska made to use Christopher Steele to set up (and maybe even obscure) his asks of Paul Manafort.

A series of near misses

The knowledge that Deripaska and Russian spooks had of Steele’s network and the ongoing Fusion GPS project would have provided the means to plant disinformation.

As noted above, for a period, every one of the Republicans who examined the dossier at length concluded that Russia had succeeded in filling the dossier with disinformation. Lindsey Graham — who conducted an investigation into the circumstances of the Carter Page FISA — said it did. Chuck Grassley — who led the investigation into the dossier — said it did. Ron Johnson — who also made a show of investigating these things — said it did. Chuck Ross — the chief scribe of the dossier on the right — said it did. The high gaslighter Catherine Herridge said it did. Fox News and all their favorite sources said it did. WSJ’s editorial page said it did.

Then, they stopped saying it.

Maybe they thought through the implication of it being Russian disinformation. Maybe they started looking to John Durham’s efforts to blame Hillary Clinton by fabricating conspiracy theories instead.

Because, think about it: Unlike Rudy Giuliani, there’s no hint that Hillary set out to collect dirt that would be easily identifiable to the campaign as disinformation. She had no reason to seek inaccurate information; the reality was already damning enough.

“For us to go out and say a bunch of things that aren’t true, you know, can cause a lot of damage to the campaign,” Hillary Campaign Manager Robby Mook testified in the Michael Sussmann trial.

Hillary gained nothing by paying a lot of money for a project riddled with disinformation. Russian spooks simply took advantage of something every politician does — collect oppo research — to harm her, harm Carter Page, and harm the US.

Consider the effect it may have had (I examine the reports one by one here).

One effect possible disinformation may have had was to make Hillary complacent as she struggled to deal with a hack during the height of the campaign. For example, several of Steele’s reports said any kompromat Russia had on Hillary consisted of very dated intercepts, not recently-stolen emails. One report falsely claimed Russia hadn’t had success at hacking Western targets. Later reports provided purported updates on the hack-and-leak campaign, suggesting Russia was dropping any further efforts, that directly conflict with ongoing developments. Subsequent investigation showed those reports were all false.

And every one of those reports might have led Democrats (and the FBI) to be complacent about ongoing risks posed by the hack they had IDed in April (and indeed, they didn’t expect the files stolen from the DNC to be released).

Another report which could be disinformation (but which, if you can believe Danchenko, may also be Steele exaggeration of very tepid things he said about someone he believed to be Sergei Millian), would be to shield Konstantin Kilimnik’s role in the election interference. One of the most important reports for what came afterwards alleged that the,

“well-developed conspiracy of cooperation” between Trump’s team and Russian leadership “was managed on the TRUMP side by the Republican candidate’s campaign manager, Paul MANAFORT, who was using foreign policy advisor, Carter PAGE and others as intermediaries.

If Page was Manafort’s go-between, no one would look at what Kilimnik was doing.

To be sure, this could be Steele’s doing. It appears in a report that misrepresented what Danchenko claims to have told Steele about his contacts with Sergei Millian.

And as the Senate Intelligence Committee Report noted — I hope, sardonically — nothing about Manafort’s ties to Deripaska (or Kilimnik) ever made it into the dossier.

Steele and his subsources appear to have neglected to include or missed in its entirety Paul Manafort’s business relationship with Deripaska, which provided Deripaska leverage over Manafort and a possible route of influence into the Trump Campaign.

Steele mentions Paul Manafort by name roughly 20 times in the dossier, always in the context of his work in Ukraine; and, in particular, Manafort’s work on behalf of then-Ukrainian President Victor Yanukovych. Deripaska, who had a long-standing business relationship with Manafort, is not mentioned once. Neither is Kilimnik, Manafort’s right-hand man in Kyiv, who himself has extensive ties to Deripaska. 5885 Despite Steele’s expertise on Ukraine and Russia, particularly on oligarchs, the dossier memos are silent on the issue.

Whatever the explanation — Danchenko’s failures to get dirt, Steele’s efforts to protect another contract, or disinformation — the dossier’s failure to note Kilimnik’s role (along with its silence about Natalia Veselnitskaya’s pitch of dirt to Don Jr. and George Papadopoulos’ shenanigans in London) effectively distracted from the most glaring signs of Trump ties with Russia. It served as camouflage. The things that don’t show up in the dossier that Fusion and Steele should have learned were almost as useful to the Russian project as the near-misses that did.

Perhaps the best established case of disinformation, however, is a tribute to its usefulness. Starting in October 2016 (in the period Michael Cohen was frantically cleaning up Trump’s Stormy Daniels problem), Steele produced first three (one, two, three), and then, in December 2016, a fourth report alleging that Michael Cohen was instead cleaning up the alleged coordination between Manafort and the Russians. Each report got progressively more inflammatory, with the last one alleging that Cohen and three associates went to Prague in August or September for secret discussions with the Kremlin and its hackers; the discussion allegedly involved cash payments to operatives and plans to cover up the operation.

If true, this would have been a smoking gun.

Within weeks of the last report, on January 12, 2017 — two days after Buzzfeed published the dossier — the Intelligence Community got intelligence assessing that it was disinformation.

January 12, 2017, report relayed information from [redacted] outlining an inaccuracy in a limited subset of Steele’s reporting about the activities of Michael Cohen. The [redacted] stated that it did not have high confidence in this subset of Steele’s reporting and assessed that the referenced subset was part of a Russian disinformation campaign to denigrate U.S. foreign relations.

Of course, that was not made public for over three years. As a result, even as the story of Mike Flynn’s attempts to undermine Obama’s foreign policy rolled out, even as Cohen was accepting big payments from Viktor Vekselberg, the Cohen-in-Prague story became the measure of so-called collusion.

From the start of the public accounting of Trump’s ties to Russia, then, something the IC already understood to be likely disinformation was the yardstick of the Russian investigation.

Two aspects of the story make it especially ripe to be intentional disinformation, in form and content.

First, according to Danchenko, the Cohen story came from his childhood friend, Olga Galkina, who knew he worked in some kind of intelligence collection and who even tried to task him to collect information after the dossier came out.

In March of 2016, Danchenko had introduced PR executive Chuck Dolan to her. Dolan and Danchenko traveled the same DC-based circles of Russian experts, and she was looking for the kind of public affairs consulting that Dolan offered, on behalf of her company. Over the course of two trips to Cyprus as part of that business, Dolan and Galkina developed an independent relationship. Dolan’s company was at the same time working on a business development project for the Russian government, in which he directly interacted with Dmitry Peskov’s office. Through that networking, on July 13, 2016, Galkina claimed that Dolan had recommended her for a job with Peskov’s office (he told Durham’s prosecutors he didn’t remember this when they asked). And on October 15, 2016 — in the same week that she first shared the Cohen story with Danchenko — Galkina gossiped about knowing something via Peskov’s office.

On October 15, 2016, Galkina communicated with a Russia-based journalist and stated that because of her [Galkina] “acquaintance with Chuck Dolan and several citizens from the Russian presidential administration,” Galkina knew “something and can tell a little about it by voice. ” 882

As Danchenko told the FBI, when he asked Galkina if she knew anything about several people on whom Steele had tasked him to collect, Michael Cohen’s name was the single one she recognized.

[Danchenko] began his explanation of the Prague and Michael Cohen-related reports by stating that Christopher Steele had given him 4-5 names to research for the election-related tasking. He could only remember three of the names: Carter Page, Paul Manafort and Michael Cohen. When he talked to [Galkina] in the fall of 2016 — he believes it was a phone call — he rattled off these names and, out of them, he was surprised to her that [Galkina] [later [Danchenko] softened this to “almost immediately] recognized Cohen’s name. [bold brackets original]

After that initial conversation, Danchenko asked Galkina to go back to her sources for more detail, which resulted in several more reports.

In other words, the source for the allegation that Michael Cohen, in an attempt to cover up a Trump scandal, had direct ties to the Presidential Administration — the Kremlin — is someone who had developed direct and lucrative ties to Dmitry Peskov’s office, and had been bragging about having dirt involving Peskov’s office that very week.

And Dmitry Peskov is one person who undoubtedly knew that Michael Cohen had called the Kremlin nine months earlier, because Trump’s fixer had called Peskov’s own office.

In the wake of Trump’s public denial on July 27 that he had any ongoing business with Russia, and in the period when Cohen was busy covering up other Trump scandals, a story arose that alleged Cohen’s cover-up involved ties to the Kremlin.

As Robert Mueller would substantiate two years later, Cohen’s cover-up did involve a ties to the Kremlin, a call in which he solicited Putin’s help for a business deal involving a sanctioned bank and the GRU. But those were entirely different ties, in time and substance, from the ties claimed in the dossier.

This is the kind of near miss story — a story that approximated Cohen’s real contact with the Kremlin, which he and Trump were lying to hide, a story that approximated Cohen’s real efforts to cover up Trump’s scandals — that could serve both to distract and raise the risks of the public lies Cohen and Trump were telling to hide that Trump Tower deal, the lies that Dmitry Peskov knew Trump was telling.

It also proved useful when Cohen doubled down on his lies, in 2017. As I pointed out in real time, as the Trump Tower deal started to get leaked to the press (though without the most damning detail, that Cohen did succeed in reaching the Kremlin; Trump Organization withheld the email that proved that from Congress) Cohen used denials of the dossier allegations as a way to deny the burgeoning Trump Tower scandal as well. Because there was nothing to substantiate the Cohen-in-Prague story, Cohen’s then lawyer claimed, it meant there was no story at all.

The entire letter is pitched around the claim that HPSCI “included Mr. Cohen in its inquiry based solely upon certain sensational allegations contained” in the Steele dossier. “Absent those allegations,” the letter continues, “Mr. Cohen would not be involved in your investigation.” The idea — presented two weeks before disclosure of emails showing Cohen brokering a deal with Russians in early 2016 — is if Cohen can discredit the dossier, then he will have shown that there is no reason to investigate him or his role brokering deals with the Russians. Even the denial of any documents of interest is limited to the dossier: “We have not uncovered a single document that would in any way corroborate the Dossier’s allegations regarding Mr. Cohen, nor do we believe that any such document exists.”

With that, Cohen’s lawyers address the allegations in the dossier, one by one. As a result, the rebuttal reads kind of like this:

I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague

Cohen literally denies that he ever traveled to Prague six times, as well as denying carefully worded, often quoted, versions of meeting with Russians in a European capital in 2016. Of course that formulation — He did not participate in meetings of any kind with Kremlin officials in Prague in August 2016 — stops well short of other potential ties to Russians. And two of his denials look very different given the emails disclosed two weeks later showing an attempt to broker a deal that Felix Sater thought might get Trump elected, including an email from him to one of the most trusted agents of the Kremlin.

Mr. Cohen is not aware of any “secret TRUMP campaign/Kremlin relationship.”

Mr. Cohen is not aware of any indirect communications between the “TRUMP team” and “trusted agents” of the Kremlin.

As I said above, I think it highly likely the dossier includes at least some disinformation seeded by the Russians. So the most charitable scenario of what went down is that the Russians, knowing Cohen had made half-hearted attempts to broker the Trump Tower deal Trump had wanted for years, planted his name hoping some kind of awkwardness like this would result.

That is, Cohen used his true denial of having been to Prague to rebut the equally true claim that he had contact with the Kremlin.

Manafort’s plan

There’s good reason to believe that Cohen’s focus was not an accident.

That’s because, after meeting with a Deripaska associate, Paul Manafort advised Trump to use precisely this approach.

In early January, Manafort met in Madrid with a Deripaska associate, Gregory Oganov. Manafort’s explanations to Mueller’s team about the purpose of the meeting vacillated (it was one of the topics about which Judge Amy Berman Jackson ruled he had lied). But according to a text from Kilimnik, the meeting was about recreating the old relationship he had had with Deripaska.

A May 2017 story from Ken Vogel (yeah, I know), described how after that trip, Manafort called Reince Priebus and told him that the dossier was full of inaccuracies, and that those inaccuracies — and the FBI’s reliance on Steele, the guy paid by a lawyer for Deripaska who brought claims about Manafort to DOJ — discredited the Russian investigation generally.

It was about a week before Trump’s inauguration, and Manafort wanted to brief Trump’s team on alleged inaccuracies in a recently released dossier of memos written by a former British spy for Trump’s opponents that alleged compromising ties among Russia, Trump and Trump’s associates, including Manafort.

“On the day that the dossier came out in the press, Paul called Reince, as a responsible ally of the president would do, and said this story about me is garbage, and a bunch of the other stuff in there seems implausible,” said a person close to Manafort.

[snip]

According to a GOP operative familiar with Manafort’s conversation with Priebus, Manafort suggested the errors in the dossier discredited it, as well as the FBI investigation, since the bureau had reached a tentative (but later aborted) agreement to pay the former British spy to continue his research and had briefed both Trump and then-President Barack Obama on the dossier.

Manafort told Priebus that the dossier was tainted by inaccuracies and by the motivations of the people who initiated it, whomhe alleged were Democratic activists and donors working in cahoots with Ukrainian government officials, according to the operative. [my emphasis]

Priebus shared Manafort’s comments with Trump.

Priebus did, however, alert Trump to the conversation with Manafort, according to the operative familiar with the conversation and a person close to Trump.

Notably, along with disputing that anyone with ties to Steele would know what Yanukovych would say to Putin, Manafort also debunked the claim that he was managing relations with Russia because he didn’t know Page.

In his conversation with Priebus, Manafort also disputed the assertion in the Steele dossier that Manafort managed relations between Trump’s team and the Russian leadership, using Page and others as intermediaries.

Manafort told Priebus that he’d never met Page, according to the operative.

As with Cohen’s later debunking of the Prague story to distract from the Trump Tower story, Manafort used a near miss in the dossier  to discredit the larger true claim, that he had been working with someone in Russia.

Manafort met with Kilimnik personally in February, and according to Rick Gates, at Manafort’s behest, Kilimnik kept hunting down the other sources for the dossier. Of course, according to later intelligence reporting, Russian spooks already knew that.

How about that?

Within a day after the release of the dossier, at a time when he was meeting with an Oleg Deripaska deputy, Manafort came up with a strategy to discredit the entire Russian investigation by discrediting the dossier. How was Manafort so prescient about the faults of the dossier?

But Deripaska had almost certainly known about the dossier project for six months by that point, and had funded an earlier collection effort targeting Manafort himself.

And Republicans followed that strategy — to discredit the Russian investigation by discrediting the dossier and FBI’s decision to rely on Steele, a strategy Manafort shared after a meeting with a top Deripaska aide — for three years.


This post is part of a series describing how Trump trained Republicans to hate rule of law. Earlier posts include:

LOLGOP and I are doing a podcast series that closely follows this series.

Patreon

Apple Podcast

Spotify

The series builds on this background.

 

Natalie Harp: Gatekeeper to the Reich

I want to unpack a Marc Caputo story about Natalie Harp, who he says is the person who posted the Reich meme video to Trump’s Truth Social account this week.

Trump’s account posted the Reich video on Monday.

On Tuesday, AP identified a troll (which it describes as a “meme creator”), Ramble_Rants, as the source of the video, and a Wikipedia entry on WWI as the source of the Reich image.

At least one of the headlines flashing in the video appears to be text copied verbatim from a Wikipedia entry on World War I: “German industrial strength and production had significantly increased after 1871, driven by the creation of a unified Reich.”

In one image, the headlines “Border Is Closed” and “15 Million Illegal Aliens Deported” appear above smaller text with the start and end dates of World War I.

The video appears to have been created by a meme creator who goes by the username Ramble_Rants.

The creator, who is part of a group of meme makers that The New York Times reported has previously collaborated with the Trump campaign, posted the video on the social platform X Monday morning.

In a post on X, Ramble_Rants defended the video, arguing it was about “American peace and prosperity.”

Then Media Matters described (as the earlier NYT story also had) that Ramble_Rants is part of a trolling group, led by a guy named Brenden Dilley, that the Trump team has closely integrated with the campaign.

Regardless of the intention behind the video Trump shared, Dilley and his team’s association with the Trump campaign is noteworthy.

Trump and his campaign have repeatedly shared the meme team’s material, and the campaign reportedly “privately communicated with members of the meme team, giving them access and making specific requests for content,” and “in at least one instance … shared behind-the-scenes footage to be used in videos, according to members of the team.” Trump has been photographed with Dilley and reportedly “sent personalized notes to several of the group’s members, thanking them for their work.”

Additionally, Dilley disclosed that the campaign gave him and another member of the meme team a “special” and “exclusive” press credential for the campaign’s Iowa caucuses night, where “you hang out with all these wonderful people, and Don Jr. comes through, and Eric Trump comes through, and pretty much the entire Team Trump comes through.” (Reporting has indicated that several journalists from mainstream publications, including The Washington Post, NBC News, Axios, and Vanity Fair, have been denied press access to Trump’s campaign events.)

What we’re seeing is the War Room in which Douglass Mackey, Microchip, and Don Jr collaborated to hijack mainstream news narratives together in 2016, integrated more closely with the campaign. It’s not surprising Trump did that. Even in 2016, Baked Alaska described a Trump HQ Slack that was “coordinat[ing] efforts.”

Remember: Andrew Auernheimer, better known as Weev, and then still posting under his handle rabite, was a key early player in professionalizing that effort, even as he was serving as Webmaster for the Daily Stormer.

Given that pure Nazi lineage, the Nazi allusions are surely not happenstance.

In a post called Elon Musk’s Machine for Fascism, I described how since 2016, trolls and their overlords have been working to perfect the conditions that allowed such trolls to have a significant influence in the 2016 election and an even bigger influence in Trump’s attempted coup. One of the only things that stopped the trolls, and Trump, from sustaining his coup attempt after January 6 was Twitter suspending Trump’s account. This time around, neither Elon Musk nor Trump’s own social media platform will do that. Nor will Telegram, where the organizing function for all this trolling has moved offshore, away from the easy reach of US legal process, shut anything down.

All of which is to say, the Reich meme is not some random mistake. Rather, it is the manifestation of a trolling effort with roots in overt Neo-Nazism that goes back to 2015.

Which brings us back to what Caputo did in a story identifying Natalie Harp as the person who posted the Reich meme to Trump’s account.

Caputo is a Florida-based journalist with very extensive sourcing to the far right. He was recently on Roger Stone’s show. His legal instincts — pretty clearly just parroting of what Trumpsters tell him to say — suck ass, but his political instincts are formidable.

About 16 paragraphs into his story, after he presented Harp’s role in printing out content from social media and right wing sources to placate the boss, and after he described Harp’s trajectory from Liberty University to being cured of cancer by a Trump initiative to working for the 2020 campaign to working for OANN to now driving his social media account, Caputo finally got around to identifying Harp as the culprit behind the Reich meme.

Harp also helps manage Trump’s Truth Social media account and has taken over some of the duties from Trump’s former caddy-turned-senior-adviser Dan Scavino.

This can be a taxing job. On Monday, while he was on trial in New York, Trump’s Truth Social media account reposted a video, published first on X by a supporter using the handle @ramble_rants, called “What happens after Trump wins?” The video featured mock old-fashioned newspaper headlines. One of the sepia-toned faux-newspaper stock images included the phrase “Unified Reich.” Maybe not the best look for a candidate who has dined with actual neo-Nazi Nick Fuentes and “joked” that he would like to be a dictator for a day.

After the Associated Press reported about the video, the Trump campaign deleted the Truth Social post and said Trump wasn’t at fault.

“This was not a campaign video, it was created by a random account online and reposted by a junior staffer who clearly did not see the word, while the President was in court,” Trump campaign spokeswoman Karoline Leavitt said in a written statement that accused Democrats of being more antisemitic than Trump. The campaign wouldn’t identify the name of that “junior staffer,” but sources tell The Bulwark it was Harp. Scavino, one of the few others who has access to Trump’s Truth Social account, isn’t a “junior staffer.” Harp couldn’t be reached for comment.

In most outlets, this would be the scoop, in paragraph one and two, rather than buried 16 paragraphs deep. But that’s not the premise of Caputo’s story. That’s not what a political reporter with very good sourcing in the Florida far right focuses on. Caputo is more interested in Harp’s role as a gatekeeper, which he puts in paragraphs four and five.

Perhaps more than anyone else, Harp gatekeeps much of what Trump sees on social media and reads in the news.

“IF YOU WANT THE PRESIDENT TO SEE SOMETHING, the best route is Natalie,” says a knowledgeable source who spoke on condition of anonymity to describe the internal workings of Trump’s inner team and who has passed information to the candidate via Harp. “Don’t underestimate her importance.”

Caputo is not wrong to find this an important point of emphasis (though some people contest it). Dan Scavino has had a near monopoly on Trump’s social media accounts since 2016. Anyone joining him in that role does play an absolutely central role in his means to power. And to the extent that Trump has moved off reading things on his own phone and instead reading what Harp prints out (is Trump’s eyesight getting worse, or is he simply more paranoid?), she does play an absolutely central gatekeeping role.

Dick Cheney’s memoir included a single solitary hint about the lessons he learned, not least as a very young White House Chief of Staff, that allowed him to become the most formidable DC bureaucrat for almost 50 years: to park someone outside the President’s office. Effectively, Harp is the person parked outside Trump’s digital office.

Caputo’s story, then, is that the woman who posted a meme that was interpreted — with good reason — as an intentional allusion to Nazism happens to be the person parked outside Trump’s digital office.

Harp’s key role may be why Caputo described posting that Reich meme as nothing more than, “Maybe not the best look.” Because she’s not going to get fired for doing so.

All the more so for another reason. Around about paragraph 21, Caputo describes that Susie Wiles and Chris LaCivita “don’t directly oversee Harp and … essentially leave her alone.”

“No one spends as much time on this campaign around him as Natalie,” said one insider. “If people think she’s an airhead because of her looks, they don’t understand how smart she is and how much the president relies on her.”

The campaign’s co-managers, Susie Wiles and Chris LaCivita, don’t directly oversee Harp and, the source said, and essentially leave her alone.

“Natalie fills a role and Chris and Susie know that’s what he wants,” the source said, “so they focus on other things.”

Again, if true (it appears to be single sourced), it is a really important insight: Trump’s digital gatekeeper doesn’t work for the ostensible campaign managers. The campaign — which serially offers statements in response to reporting on Project 2025 claiming that unless something comes from the campaign then it is not official policy — does not control Harp.

Caputo’s source claims that the campaign doesn’t control what comes in and out of Trump’s digital persona. Harp does.

And people amenable to fascism know that, and know how to exploit it.