Jim Risch Demands that Avril Haines Formally Tell Us He Is Lying

The Senate Intelligence Committee had a hearing on election interference yesterday. Among the pieces of news is that the US intelligence community is sharing intelligence with European partners in advance of the EU Parliamentary vote next month to alert them to foreign interference efforts, something that was pretty clear to me but which journalists and European-based privacy activists had denied.

The entire hearing was undergirded, however, by a truth and a lie aspiring Donald Trump running mate and Vice Chair of the committee, Marco Rubio, offered up.

The truth is that if the IC says foreign spooks are trying to hurt one candidate, supporters of the opposing candidate will refuse to believe that claim.

For eight years, of course, Republicans have institutionally refused to believe that Russia tried to hurt Hillary and tried to help Trump. That made supporters of both parties trust their party more than the spooks. And in the aftermath, Trump has carried out a sustained campaign to get his followers to distrust The Deep State.

So the problem, at least for the MAGAts that Rubio wants to make him Vice President, is worse than Rubio said.

Rubio made several false claims in his comment, however.

Rubio: No matter who puts it out there, the candidate on the other side of it, their followers are going to question whether it’s the government interfering in the election themselves. And it’s not helpful, and I use this example because it’s a very recent one, when the whole laptop situation happened, the Hunter Biden laptop, a number of former intelligence officials, I get it they’re formers, no longer in the employ of any of these agencies, but that title carries weight, all signed a letter saying, “this has all the hallmarks of a Russian disinformation campaign.” We know now that it was not a disinformation campaign. I don’t want to get into the particulars of what was on it, I’m just saying it was not a Russian disinformation campaign.

But the result of it was that social media companies would not allow anyone to post the articles — and there was a media blackout; it could not be reported in any other except for one place, and so what happens as a result of that, whether it had an influence on the election or not, the result of it now is that we have some section of the country who repeatedly says things like the intelligence community interfered. [my emphasis]

Most obviously, Rubio claimed that “the result of [the letter 51 former spooks sent out] was that social media companies would not allow anyone to post the articles.” The letter from the spooks was dated October 19. The social media companies started throttling links to the NYPost on October 14. Days before the spooks’ letter, the social media platforms had already begun reversing their decision.

Rubio’s claim of causation defies physics.

That’s not his only false claim. Rubio certainly believes that the release of the hard drive was not a Russian disinformation campaign. Which is not what the former spooks said anyway — they said it might be a Russian information operation. But even four years on, it’s not certain what happened to Hunter Biden’s laptop before it was turned over to the FBI, and Hunter claims with some evidence that it was altered by Rudy before it was released to the NYPost.

I laid out some reasons we couldn’t be sure back in October, when Bret Baier made this false claim in a gotcha with Leon Panetta.

There are still more. For example, the FBI’s apparent uncertainties about even the date of a payment made from Hunter’s Venmo to someone the government claims is a stripper suggest they have not reviewed what happened to Hunter’s digital life after one of his devices was stolen in August 2018. Hunter said in January 2019 — before the laptop ultimately shared with John Paul Mac Isaac was packaged up — that he believed that theft happened when he was with a Russian sex worker. More recent filings have made clear that — contrary to a whole lot of credulous reporting — the laptop shared with the FBI is not an exact match with his iCloud account, which means device content made while in treatment from Keith Ablow does not have the same kind of validation that other data does. And given there are signs of compromise to Hunter’s accounts going back years, it’s not clear anyone has ruled out earlier compromise.

The FBI has never even done an index of everything on the laptop.

Unless someone else in government did such analysis — unless David Weiss’ prosecutors are sitting on more thorough analysis than they have shared with Hunter Biden — the FBI simply never did the work they would have needed to do to find out if the President’s son was compromised by Russians, whether spies or criminals, or some other foreign actor.

I don’t doubt that Rubio believes that the IC is more certain though.

Things disintegrated from what I think was a good faith concern (albeit one without any kind of accountability) on Rubio’s part to a rant by Jim Risch.

He thinks it is Avril Haines’ job to call out people who have access to intelligence who make false claims. He says he’s as concerned that 51 private citizens made a claim that remains true — that, in their opinion, the laptop, “has all the classic earmarks of a Russian information operation” — as he is that Russia will attack US democracy again,

Risch: I’m as concerned with this sort of thing as I am with foreign interference on the election process. This was deplorable, these 51 people saying this was Russian activity when we all know now that it wasn’t. I mean, these were 51 people that had very significant influence in American society and they sent this letter saying this was Russian influence.

Again, Jim Risch says it is as bad that experts express their well-substantiated opinion as it is that hostile nations target our democracy.

He demanded that Haines promise to go out and tell the American people if private individuals say something false this year.

What about this sort of thing, where it’s domestic interference, that’s obviously false. Who’s got the responsibility for standing up and looking in the camera and saying, folks, don’t count on this it’s not true. Is that going to be your responsibility?

Haines: Sir, I think … look … my responsibility with respect to formers that speak out and provide the wealth of their experience and knowledge in such circumstances is not to determine what they should or shouldn’t say, but rather to ensure that they’re not disclosing classified information, that we’re protecting that, and dealing with that, it’s not —

Risch: What if it’s false? using their robes of, … having knowledge of security matters and intelligence matters and you know it’s false. Is that your response, or you just say, nah I’m not gonna get involved in that.

Haines tried to correct Risch’s false representation of what the spooks actually said, noting that their experience made them suspicious (but stopping short of stating as fact that it was an information operation).

Haines: I don’t understand, because I think — first of all, I think they said that their experience makes them deeply suspicious of that activity.

Risch lied and said they had said something more.

Risch: They went a little further than that, I think, but I’ll take your characterization of that. And if you know that that’s false? Then you come into the information that it’s false, is it your obligation or not your obligation to stand up, look in the camera and say, folks, when you’re voting don’t take this into account.

Haines: Sir I don’t think I could make sure that I’ve even read everything that a former might have said or that anybody else is on these issues, so no, I don’t think that it’s appropriate for me to be determining what is truth and what is false in such circumstances.

It went on and on, with Jim Risch wailing about people with privileged access to intelligence — people like him — who make false claims. Sadly, no one ever strongly laid out Risch’s false claims, and Mark Warner even professed to be sympathetic to Risch’s view.

Risch: But what if you know. You’re sitting here, you’re the center of intelligence in America, right there, and this has come out and you know it’s false. What’s your obligation? Or do you have any?

Haines: I think my obligation is to ensure that the best intelligence is being provided to the President, to the Federal government, to the Congress, and where possible, to the American people, through declassification, which we would do.

Risch: That’s not calling out someone who stands up and purports to have intelligence information that you know is false?

Haines: Sir, if I were to — first of all, I’m not sure I’m the best arbiter of what is true and false, and secondly–

Risch: Let’s say, in a particular instance, you’ve seen the paper. You know it’s false. Let’s take that instance. What do you do?

Haines: I mean, it depends on the situation. If we’re talking about a fake video that was

Risch: It’s just what I said: someone with intelligence credentials stands up and says I know this from an intelligence standpoint and you know, as the Director of National Intelligence, that it’s false.

Haines: No, I do not consider that to be part of my responsibility. If there is disinformation that is put forward — false information — then we have the capacity to authenticate it as false, we will do so, basically to our customers, and there will be a process [inaudible and crosstalk] it may be to the public, it might be classified information, it might be anything else, I don’t what the circumstances are. It’s too much of a hypothetical.

Risch: I’m not making progress so I’m going to give it back to you.

Warner: My sense is it would be the responsibility of the FBI if it were proven. I’m not sure if we want the Director of National Intelligence commenting about a domestic statement made by an American, but I understand your point.

Risch: Well, that’s the purpose of this hearing, is to find out how American voters are going to be, uh, kept informed if it is true or false.

Warner: It is, our purview, at least, is focused on that foreign influence. But I understand your point.

Of course, the logical end point of Risch’s complaint is quite clear: He has demanded that Avril Haines go make a public statement that, in spite of Risch’s privileged access to intelligence, he is lying. And Marco Rubio is too!

It doesn’t stop there.

If Haines is supposed to police truth claims by private citizens, she would be obliged to come out publicly and say that Rudy’s public claims about Joe Biden were not just false, but fabrications of the Russian spies he was soliciting.

According to Jim Risch, not only should John Ratcliffe have publicly debunked Donald Trump’s false claims about Italy hacking voting machines via the thermostat (or whatever version of that nutjob story he was telling), but Haines today should formally debunk false claims that Trump is making about Solar Winds as part of his criminal defense.

Jim Risch is demanding that Avril Haines intervene and call him — and call Donald Trump — liars.

 

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25 replies
  1. Peterr says:

    I read this twice and I keep hearing the words “yellow cake” and “Niger” in my head, thinking of the Plames and what happens when folks speak out against false claims.

  2. Peterr says:

    And I wonder about this: “The FBI has never even done an index of everything on the laptop.”

    Is this because (a) the FBI got sloppy/lazy and screwed up their investigation, or (b) they looked at the chain of custody, then started looking at the laptop, and quickly realized “This is so screwy it’s not worth our time doing more with it”?

    • Rayne says:

      Or (c) if the FBI did an index it would expose the likelihood the FBI enabled wittingly or by neglect ignored a op against a former VP’s/current POTUS’ son…

      • Mark Corker says:

        FBI realizes that if they release an index it would facilitate analysis that would unequivocally expose their sloppy forensics.

        Hence no index.

        [Welcome back to emptywheel. Please use the SAME USERNAME and email address each time you comment so that community members get to know you. You attempted to publish this comment as “Mark”; you last commented here as “Mark Corker.” I’ve edited your username this one time to match your previous comment. Please make a note of your correct username. Thanks. /~Rayne]

  3. Upisdown says:

    It’s not the laptop itself that is Russian disinformation. It’s the RW media reporting on the laptop that is Russian disinformation. They sold the Pozharskyi “thank you” email and “10% for the Big Guy?” email as smoking gun proof of Biden corruption. It was not that at all. It completely relied on Russian disinformation from Firtash, Derkach, and Telizhenko, spread by Schweizer, Solomon, Giuliani, Murdoch and Trump himself. Schweizer constructed the false Ukraine/China narrative, Rudy and Solomon pushed it with help from Fox, and Grassley and Johnson amplified it and gave it Congressional legitimacy.

    When the letter from the 51 experts came out, John Ratcliff issued a false statement about the intel community having no evidence of Russia trying to smear Hunter Biden. But the Treasury Dept had already warned Giuliani and Barr of active measures by Moscow to do exactly that. Barr and Brady were sitting on the bogus Smirnov tip while Ratcliff was lying that there was no sign of interference.

    J.P. Mac Isaac falsely claimed he had observed evidence of potential corruption on the laptop. After five years, the only way to see the suspicious activity Mac Isaac claims is through the lens of the Russian disinformation narrative crafted by the MAGA machine.

    • bmaz says:

      “It’s not the laptop itself that is Russian disinformation. It’s the RW media reporting on the laptop that is Russian disinformation.”

      Without a proper chain of custody, and there is none, you cannot know that.

      • Upisdown says:

        DOJ has had the laptop for five years. Murdoch has had it for nearly four years. If there was any actual incriminating evidence at all on that laptop we would have learned about it by now from the MAGA media. They don’t care about chain of custody.

        • bmaz says:

          Yeah, I will stick with what I said. And it does not require rote speculation like you are engaging in.

    • Peterr says:

      “It’s not the laptop itself that is Russian disinformation.”

      The definite article is doing a lot of heavy lifting in your initial sentence. Which “laptop” are you referring to? As Marcy has noted repeatedly, there are many versions thereof. See the image embedded in the post, and note the many opportunities for someone to screw around with what is now mislabeled “the” laptop.

      • Upisdown says:

        The point I’m making is that the laptop(s) themselves are a misdirection. It’s the vehicle used to get some emails into the media that have been falsely portrayed as proof that Hunter and Joe were peddling influence.

        Rather than fixate on the authenticity of the laptop(s), or their chain of custody, or even if the emails themselves were real, the media and Democrats should have stayed focused on challenging the NY Post article that made the false accusations about the relevance of the emails contained on the alleged laptop(s). The laptop would have been nothing more than porn without the Russian disinformation campaign that formed the basis of Trump’s first impeachment. The MSM got sucked in chasing the laptop’s authenticity when it did not have to.

        • bmaz says:

          What a load. The issue is the potential trial of Hunter Biden, yakking endlessly about the NY Post accomplishes nothing. This is not about “the MSM”.And the Dems should stay out of an ongoing criminal case(s).

        • Upisdown says:

          The current topic is about a letter from intel experts and accusations of social media censorship of the NY Post article. Not about Hunter’s court cases. It is a Senate committee hearing so naturally Dems are involved.

        • P J Evans says:

          Upisdown says:
          May 17, 2024 at 8:15 pm

          You’re arguing with Uncle Prickly, who is, in fact, a lawyer.

        • bmaz says:

          The “Committee” is over and has zero relevance to me, the pertinent forums involved are the criminal ones. And, no, Democrats are not, and should not, be involved in the least. Your mileage may vary, but that is all I am concerned about at this point.

  4. klynn says:

    “If Haines is supposed to police truth claims by private citizens, she would be obliged to come out publicly and say that Rudy’s public claims about Joe Biden were not just false, but fabrications of the Russian spies he was soliciting.”

    This would be something!

    I had a dream a week ago that the our National Intelligence started to release weekly propaganda tracking reports to the public in order to debunk lies.

    While the US State Department Global Engagement Center does carry out disarming disinformation, it appears focused on global and geopolitical disinformation. It would be great to have some kind of accounting that is easily accessible to address the digital deceit campaigns that are being created and have been created. Currently, most resources addressing disinformation and propaganda are non-profits and think-tanks.

    A girl can dream. On some level I hope Risch gets what he is demanding.

  5. Purple Martin says:

    Please don’t deny credit to the State where I was born and raised: Here we have Idaho | Winning its way to fame… (first line of the state song)

    Jim Risch is, of course, Idaho’s junior senator, quite a let-down from the legacy of Frank Church, the last Idaho chair of the Senate Intelligence Committee, whose Church Commission investigation was responsible for first real oversight of the CIA and the larger intelligence community.

    If you’re not familiar with the story, you might be interested in James Rison’s excellent Church biography, published last year:
    The Last Honest Man: The CIA, the FBI, the Mafia, and the Kennedys – And One Senator’s Fight to Save Democracy

    Here’s The Guardian’s detailed review:
    https://www.theguardian.com/books/2023/may/07/last-honest-man-frank-church-book-james-risen-review

    (When high school sweethearts Mrs. Purple and I married and left Idaho in 1975, Democrats Cecil Andrus and Frank Church were our governor and senator. After a gap in service, Andrus was still governor 1987-1995. When we retired in 2017, Idaho was at least under consideration for our final move. But…no.)

    • boatgeek says:

      Mrs. Boatgeek is from the CDA area. When I told a friend that I was marrying a woman from Idaho (1995), he said “Idaho? All they have in Idaho is potatoes and neo-Nazis!” To which my wife replied without missing a beat “No, I’m from North Idaho. We don’t have potatoes.” She was very glad to get out.

      There was a time when the political leadership of CDA was ashamed of the Aryan Nations and did their best to marginalize them. Sadly, that’s an open embrace of the only-slightly-less-fascist groups now.

  6. zscoreUSA says:

    I hope Director Haines was able to explain to Senator Rubio how calendars work.

    The Express article linked is case in point with a headline saying the Aug 2018 stolen device was a “laptop”, citing the Daily Mail. The Daily Mail did not explain any details why the device would be a laptop and not an iPad.

    I believe the device more likely is an iPad and the result from the Daily Mail report is a massive disinformation narrative framework.

    And, if I am correct, a frustrating point is that Hunter himself would know it was an iPad but has not corrected. And NY Times & WaPo, with access to the Mac Isaac hard drive and capable forensic experts could likely confirm or rebuke the Daily Mail reporting.

    • emptywheel says:

      I MOSTLY agree that it’s an iPad. Though isn’t the Ablow machine it’s replacement?

      That’s something I’ve always been puzzled about.

      • zscoreUSA says:

        I can’t say 100% it was an iPad, so I believe *most likely * it was an iPad stolen. And the Daily Mail does not provide any analysis, just providing the conclusion. It’s also possible that both were stolen. It’s also possible that it was an iPad stolen and he lost the laptop a few days later.

        The Ablow laptop purchased in September could be a replacement, or it could be a second laptop. While he is at Ablow’s he definitely has 2 distinct 13″ MacBook Pro laptops in his possession. 1 with a touch bar, and 1 without a touch bar.

        The laptop he brought to Vegas was a 12″ MacBook.

        One of the things I did was look at every photo Marco Polo released, and if there was a laptop visible, zoom in an determine which laptop it is. For example, the 12″ laptop just says MacBook while the 13″ (w/ or w/o a touch bar) says MacBook Pro.

        From what I have seen, there isn’t evidence of the 12″ laptop in use past August 3. So, thats why I can’t say 100% and rule it out. But maybe there was evidence of that 12″ still in use past the stolen date. File names and metadata and other videos not released, which the NY Times and WaPo have might yield more info which devices were in use and what time frame.

        There’s also a laptop Hunter left at a family members house in mid October, not clear which one or when he retrieved it.

      • zscoreUSA says:

        Here’s one more point about the iPad, which was erased in August the day after a device(s) was stolen by a Russian drug dealer while Hunter was in Vegas, then later added back to Hunter’s Apple ID while he was with Ablow in January. Then became one of 2 devices that, along with the Mac Isaac laptop, Hunter could download contents from his then current iCloud onto.

        In July 2022, there was the so called iCloud hack leaked on 4 Chan. Despite being billed as a hack of his iCloud, this leak only contained contents from 2 devices: the XS phone backed up onto the Mac Isaac laptop and the iPad that had been erased in August.

        I don’t know from a technical point what is going on there, but it doesn’t seem plausible that it was a hack of the iCloud, or otherwise there would be more devices listed. And begs the question then, if it didn’t come from Hunter’s actual iCloud, how could that iPad content be obtained in order to be leaked on 4 Chan and be presented as from the iCloud.

        https://www.theverge.com/2022/7/12/23205397/hunter-biden-phone-hack-4chan-google-twitter-misinformation-crack

      • zscoreUSA says:

        And looking back at other data in texts and emails, to compare whether the stolen device is an iPad or laptop.

        8/3/18: Hunter arrives in Vegas

        8/4/18: receives bad personal news during day, passes out during night partying

        8/5/18 4:49pm: deactivates Wells Fargo card in Apple Pay on iPad

        8/15/18 5:15pm: text from person at party “I didn’t see it when we got back this morning & last night u said u left it in the penthouse…”

        8/5/18 5:56pm: Robert’s iPad starts being erased

        Timestamps above have been converted to EST. The text mentioning “it” suggests that a phone call or in person conversation occurred previously. And “it” referring to the stolen device isn’t proof it’s an iPad, but it’s also not proof of being a laptop. Which Marco Polo includes in their report a screenshot of this text conversation and uses “it” as referring to a laptop.

  7. pluralist says:

    (personal pet peeve. If it gets moderated away, I’m not offended. I’m only posting it because I suspect some people might share it)

    Risch: I’m as concerned with this sort of thing as I am with foreign interference on the election process. This was deplorable, these 51 people saying this was Russian activity when we all know now that it wasn’t. I mean, these were 51 people that had very significant influence in American society and they sent this letter saying this was Russian influence.

    I have this recurring mental image of a certain category of people reciting stuff like “this letter saying this was Russian influence” in front of a mirror each morning so they don’t slip up and say what the letter actually said: “has all the classic earmarks of a Russian information operation.” Lots of people out there are really good at not repeating the actual specific wording of the letter. Has anyone here ever heard one of them slip?

    The alternative is perhaps more disturbing – that some of them look at the wording of the letter and what registers and remains in their mind is not what the letter said. Of course, the system only needs a few of those people. The rest can repeat the talking point.

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