Leo Wise’s Performed Ignorance

I want to look at a tactic that Leo Wise — who purports to be enforcing Rule of Law — used at the Hunter Biden trial, because it demonstrates how aggressively he polices the boundaries of his own plausible deniability, plausible deniability he used elsewhere in these proceedings to make claims he should know are false.

I’ve already pointed to the nutty response Abbe Lowell elicited from Jason Turner who, when he worked at the gun shop where Hunter bought a gun (he now works for the US Mint!), was in charge of ensuring paperwork was in order.

Turner’s testimony appears to be totally honest. He said, first, that he told Gordon Cleveland to get a second form of ID. And then, without saying whether Cleveland did do so or not, said that if he had, Turner would have written it on the line for doing that.

Q. Then you said that you told Mr. Cleveland something, right?

A. He needed to get further government issued identification with an address on it.

Q. Right. And if he did, what would you do with that?

A. I would have written it right in there. [my emphasis]

When Lowell asks Turner why it’s not on the form, Turner then changes from the conditional tense to the past tense. “I would have written it … I wrote that.”

Four times Turner asserts he did write that he had gotten a vehicle registration.

According to the publicly known facts, he did write it — two or three years after the fact.

Q. But you don’t see such writing in there, do you?

A. When I wrote that out, I wrote the car registration.

Q. You don’t see such a writing in there, do you?

A. When I wrote that out, I wrote car registration.

Q. When you wrote this out, you wrote car registration here or car registration there?

A. 18(b), car registration.

Q. You wrote it?

A. I wrote it.

Q. Where is it?

A. I wrote vehicle registration in there. [my emphasis]

But then Lowell asks him where it is on the form. “It’s not there,” Turner also truthfully describes.

Q. I’m asking you if you did and this is the form, where is it on the form that you say you wrote?

A. It’s not there.

Leo Wise — who purports to be enforcing Rule of Law — interrupts to halt this line of questioning. He states that this line of questioning has been excluded (expanding the already expansive limits on Hunter’s Sixth Amendment Judge Noreika authorized), and then offers up that poor Jason Turner is simply describing his memory of writing the form.

The second form of identity required by rule of law, Leo Wise — who purports to be enforcing rule of law — says, is irrelevant.

MR. WISE: Your Honor, may we approach side-bar?

(Side-bar discussion.

MR. WISE: So this line of questioning was excluded, he has a memory of writing it, he hasn’t established when, he’s not impeached him, he said he remembered writing it in. He’s asking him about the day, but he’s not distinguishing, and this is simply irrelevant, a secondary form of ID is irrelevant.

Lowell responds (and while all the lawyers in this case were willing to game the limits of trial conduct, in this case, this is completely believable) that he had no idea how Turner would respond to his question.

MR. LOWELL: Wow. I have no idea he was about to say what he just said, that he wrote in a different form of identification.

THE COURT: He’s confused as to the time.

MR. LOWELL: I know he is and I’m not going there but he said it, so I just wanted to ask who wrote it, where is it, I didn’t know he was going to say that, judge.

MR. WISE: He did know that because the [Jencks] that we gave you from Palimere, said Palimere told him to write it.

MR. LOWELL: Two years later.

MR. WISE: That’s not your question.

MR. LOWELL: I’m asking him on that day, I’m asking him on that day.

THE COURT: What you can do now is you can just say there is nothing about the vehicle registration. It is not written in this box on this version of the form.

Ultimately, Judge Noreika believes that Lowell had no idea how Turner would respond, because she was surprised herself.

MR. LOWELL: Okay. But let’s be clear on the record, when you say I knew he was going — I had no idea he was going to say that.

THE COURT: I take your word for that. I didn’t know he was going to say that.

After that exchange, Lowell got Turner to concede that the registration was not marked on the form.

(End of side-bar.

BY MR. LOWELL: Q. So what I was asking you is from whatever you just said about the testimony of anything having to do with the registration, you and I can be clear that on this form that has the date on it, there is no such reference in line 18(b), right?

A. There should be.

Now, note that Leo Wise handled cross of Turner and — as we’ll see — of Ron Palimere, the gun shop owner. We know that Derek Hines attended an interview with Palimere in May, and neither prosecutor attended an interview with Cleveland; FBI Agent Erika Jensen did that by herself.

But Wise undoubtedly knows that Hines met with Palimere mere weeks ago, at which Hines reiterated the proffer that prohibited prosecutors from using Palimere’s admission that, “No one thought to get supplemental information” substantiating that Hunter lived at his father’s address because, “everyone in the area knows who lives” there. Wise undoubtedly also knows that Palimere described just writing something convenient in on the form, because “it was all they could think of.”

Palimere decided to write Delaware registration in the box labeled 18.b. Palimere does not know why that was chosen but he knew it had to be an official document and it was all they could think of. Turner was the one who wrote Delaware vehicle registration in the box.

Palimere thinks that if Biden presented a vehicle registration on the day of the sale, it would have been documented on the certified 4473.

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.

Wise undoubtedly knows all that.

But he did something notable to pretend to have plausible deniability about it, to pretend to have nothing to do with any uncertainty that Lowell might introduce.

When Lowell asked Palimere a question he didn’t ask of Turner (whether they had ever met before, a fairly standard trial question), Leo Wise objected when Lowell said that Palimere had met with “prosecutors,” plural.

Q. My name is Abbe Lowell, we’ve never met?

A. No, sir.

Q. Never spoken?

A. No, sir.

Q. You have spoken to the prosecutors and investigators in the case, right?

A. Yes, sir.

Q. And we have —

MR. WISE: Your Honor, I object to that question, prosecutors and investigators, we’ve never met as well.

MR. LOWELL: I’m sorry.

BY MR. LOWELL:  Q. You have met with members of the FBI?

A. Yes, sir.

Q. Even recently; correct?

A. Yes, sir. [my emphasis]

Wise objected to the question, one that Palimere had already answered in the affirmative, creating the illusion of plausible deniability, one that served to obscure that Derek Hines had not only met with Palimere, but learned that Palimere knowingly sold a gun without proper paperwork.

Wise had no questions for Parlimere.

But he did for Turner.

Indeed, even before he introduced himself, he asked Turner whether Hunter’s attorneys had succeeded in meeting with him before trial. Turner didn’t respond. Instead he suggested that they had set up a meeting but Hunter’s attorneys, “can’t be on time for nothing.”

Q. Good morning, Mr. Turner.

A. Good morning.

Q. So you were subpoenaed by the defense as a witness, right?

A. Correct.

Q. Did they try to talk with you before they did that, before you testified here today?

A. That’s a whole mess of stuff right there.

Q. Really?

A. I got the subpoena, I had to call them.

Q. Uh-huh.

A. And they can’t be on time for nothing.

Q. What does that mean?

A. I work third shift.

Q. Uh-huh.

A. And so I should be sleeping right now.

Q. What does third shift mean?

A. Third shift, that’s on the other side of the clock from everybody else, I go in at 6:00 p.m., I get done at 5 a.m.

Q. Is that what you got done today?

A. Yes.

Q. All right. So I just have a — you and I have never met, right, Mr. Turner?

A. I don’t even know you from nobody.

Q. I just have a couple of questions?

In fact, Judge Noreika even interrupted to remind Wise to introduce himself!

THE COURT: Did you introduce yourself?

MR. WISE: I’m not sure. I will.

THE COURT: He said he doesn’t know you.

BY MR. WISE: Q. My name is Leo wise, I represent the United States in this case. Nice to meet you.

So if we could have government Exhibit 10A on the screen. This is the form that Mr. Biden filled out that Mr. Lowell asked you about, right?

A. Correct. Actually that form is wrong.

As she did not do when, for example, Kathleen Buhle answered a question that had been excluded from questioning by offering up that Hunter had, “gotten kicked out of the Navy for testing positive for cocaine,” Judge Noreika warned Turner not to answer questions prosecutors had not asked.

THE COURT: Just take it one step at a time, only answer the questions that he asks.

THE WITNESS: Yes, ma’am.

Wise badly wanted to know whether Lowell had learned any of the details prosecutors were hiding from him, so much so he forgot his manners.

Part of this was about preventing jurors from learning that Leo Wise’s application of Rule of Law is, in fact, selective, from learning that Wise’s sidekick Derek Hines had in fact already immunized a potential crime, one with potentially greater impact on society, from these witnesses.

But part of it was also about policing his own plausible deniability.

Denial and Forgetting at the Hunter Biden Trial

Consider the levels of denial and forgetting that it takes to write this paragraph the week that Hunter Biden, charged by a Trump US Attorney turned Special Counsel using evidence significantly sourced from a laptop handed over by John Paul Mac Isaac, stood trial.

While president, Mr. Trump repeatedly told aides he wanted the Justice Department to indict his political enemies. The Justice Department opened various investigations of Mr. Trump’s adversaries but did not ultimately bring charges — infuriating Mr. Trump and contributing to a split in 2020 with his attorney general, William P. Barr. Last year, Mr. Trump promised that if elected again, he would appoint a “real special prosecutor” to “go after” Mr. Biden and his family.

Five years ago, Donald Trump was impeached for extorting Ukraine to announce an investigation into Hunter Biden. The press covered it — and the way Rudy Giuliani continued to solicit such dirt from known Russian spies as impeachment loomed — with seriousness.

The following year, when Rudy rolled out a “laptop” once associated with Hunter Biden’s Apple account days before the 2020 election, media outlets including WSJ and Fox exercised some skepticism about the story of Hunter Biden abandoning a laptop with a blind computer repairman who would then share it with the guy who had been seeking just such a laptop for almost two years. Even at the NYPost, some reporters withheld their byline.

Yet that caution, and the details disclosed by past diligent reporting, has disappeared. It seems that, over the course of the last five years, Hunter Biden has become icky, leading almost all interest in the source of this investigation that led to his conviction to disappear. And Hunter Biden has become icky precisely through the process of the unprecedented GOP hit job against him.

Even Judge Maryellen Noreika bought into the icky storyline, dismissing the claim that Rudy Giuliani had any impact on this prosecution by claiming that texts that only existed publicly thanks to Rudy Giuliani instead appeared in Hunter Biden’s memoir.

That process of making Hunter Biden icky enough that his due process didn’t matter simply got whitewashed in the trial.

WaPo described the guy who started snooping through Hunter Biden’s private data almost immediately, whose claims to the FBI about what he found have not borne fruit, and who then sought out Donald Trump’s personal lawyer and shared bootable hard drives of Hunter Biden’s laptop, “a sort of whistleblower.”

That John Paul Mac Isaac even shared the bootable hard drive with Rudy (who then shared it with Jack Maxey, who then shared it with WaPo) has disappeared from this narrative.

NBC’s biggest scoop of the week — one representative of their tabloid coverage of the trial — likewise laundered the hit job that led to this trial. In describing how Hunter’s spouse attacked the man who had spent years demanding criminal investigations into Hunter based on texts extracted from the bootable hard drive, Sarah Fitzpatrick described Garrett Ziegler as no more than a former Trump trade policy aide, not someone who played a key role in the Big Lie and the coup attempt.

In a tense moment outside the courtroom where Hunter Biden is on trial for gun charges, his wife, Melissa Cohen-Biden, confronted former Trump White House aide Garrett Ziegler, who has been in the courtroom.

Ziegler, who worked on trade policy in the White House, was part of an effort by Trump allies to make public the contents of a laptop to embarrass Joe Biden’s son in the final days of the 2020 election. Hunter Biden sued Ziegler and the company he founded, Marco Polo, in September of last year, claiming they broke state and federal laws in an effort to create a searchable online database with 128,000 emails.

And Fitzpatrick whitewashed the substance of the lawsuit, which focuses on Ziegler’s admission that he broke the encryption of a phone backup included on the hard drive. Hunter isn’t suing because Ziegler made the texts from that phone available (Ziegler also made Ashley Biden’s diary available). He’s suing because Ziegler took actions to access the content that go well beyond publication.

In his response to the lawsuit, Ziegler argued that because Hunter never owned the hard drive on which the phone backup had been transferred, cracking that password does not amount to hacking.

Finally, as noted, WSJ similarly laundered part of the campaign that brought Hunter Biden to the point of facing felony gun charges. As a story on Merrick Garland’s relationship with some Special Counsels (WSJ ignores John Durham), it describes that David Weiss asked for Special Counsel status so he could pursue a list of FBI tasks, specifically the Alexander Smirnov allegations.

By 2022, prosecutors and agents had already believed that Hunter Biden committed tax crimes, but Weiss still seemed no closer to charging him or resolving the case. FBI officials asked Garland’s office if he could help move Weiss along.

Garland refused to prod Weiss, saying he had promised him broad independence to pursue the inquiry as he saw fit.

FBI agents drafted a list of final steps to push the probe forward—including to follow up on allegations from an FBI source that tied Hunter Biden’s financial misdeeds directly to his father.

Weiss’s office reached a tentative plea deal with Hunter Biden in June 2023, in an agreement that would likely include no jail time. Republicans in Congress alleged that Hunter Biden was getting a sweetheart deal, which fell apart a month later. In August, Weiss asked Garland to make him a special counsel, pointing to the FBI’s list and asking for independence. Garland agreed, recognizing that he had earlier promised Weiss autonomy and any resources he sought. [my emphasis]

There’s so much that any story about the Smirnov allegation might include: the way in which Bill Barr effectively immunized Rudy’s dalliance with Russian spies and set up a side channel targeting Joe Biden’s kid, FBI’s failures to respond when Smirnov shared recycled Murdoch dirt, the pressure brought to bear by Bill Barr’s public comments last summer, Smirnov’s self-proclaimed ties to Russian spooks, Weiss’ own conflicts as a witness to the side channel.

But at the very least, describe that David Weiss sought Special Counsel status to chase an effort to frame Joe Biden, one he had had in hand since 2020, one identified because Barr set up a way to look for it.

The felony gun charges against Hunter Biden might never have happened without the Special Counsel status. And the Special Counsel status arose out of a foolish effort to pursue a transparently false effort to frame Joe Biden.

The jurors did their job Tuesday. They looked at the evidence provided to them, and judged that Hunter Biden had knowingly lied when he purchased a gun over five years ago.

It is not their place to measure whether the process by which Trump partisans relentlessly campaigned to demand the criminal investigation into Joe Biden’s kid — and with the Smirnov hoax, into Joe Biden himself — amounts to due process or justice.

But it is the job of journalists to remember how we got here, to convey the role that Trump’s effort to investigate Joe Biden and his kid has had in this process.

This prosecution happened because of stupid things Hunter did five years ago, during the depths of his addiction.

But it would never have happened without the partisan interventions of John Paul Mac Isaac, Rudy Giuliani, and Bill Barr (to say nothing of the House GOP chasing the files they all made available). It likely would never have happened if David Weiss hadn’t credulously chased a hoax from a snitch with ties to Russian intelligence. It might never have happened without the gun shop owner — the same guy who admitted selling a gun without proper paperwork because he wanted to get Joe Biden’s kid out of his store — making a stink about the gun purchase just in time for the election.

It is true that almost nobody else would have been charged based on the facts of this case.

It is also true that almost nobody else (with the possible exception of Hillary Clinton) has faced such an unrelenting partisan campaign demanding criminal prosecution.

What Happened to Hunter Biden’s Plea Agreement

Because people who ignored the motion to dismiss proceedings have now decided to weigh in on what happened with Hunter Biden’s failed plea agreement last year, I wanted to lay out what is actually known to have happened, rather than what pretty faces like Ken Dilanian falsely claim happened.

The timeline makes several things clear: First, Weiss did revoke the terms of the immunity agreement he offered in June 2023. But that’s not what killed the plea deal. Hunter was willing to accept a narrowed plea deal. What killed it was Judge Noreika’s intervention in the Diversion Agreement. Once she gave David Weiss the opportunity, he withdrew all remaining meaningful terms of the plea deal, got Special Counsel status, and chased the Alexander Smirnov hoax.

Weiss was personally involved in a plea offer on June 6 that would have immunized Hunter against further charges on the fact set under discussion (so guns, taxes, drugs, and FARA). It remains uncontested that Weiss’ office told Chris Clark on June 19 there was no ongoing investigation.

On July 20, Probation agreed to changes to the Diversion Agreement, seemingly indicating approval. But then, as Wise and Hunter were signing the Diversion Agreement on July 26, the head of Probation told AUSA Ben Wallace she would not sign the Diversion Agreement; no one ever told Hunter this in the hearing or the negotiations immediately after the hearing, but it appears that Judge Maryellen Noreika knew Probation was not going to sign.

Before any specific discussion of scope of immunity, Judge Noreika suggested Probation could veto Diversion Agreement because grant of immunity is too broad. After that, she complained over and over and over that she didn’t get to sign the Diversion Agreement.

At the plea hearing, Leo Wise asserted (contrary to earlier assurances) there was an ongoing investigation.  After Wise said the immunity permitted FARA charges and there would be no deal if FARA were excluded, Clark agreed to orally modify the scope of immunity, and by the end of the hearing both Wise and Noreika recognized that. At that point, Hunter believed he had a signed Diversion Agreement covering guns, taxes, and drugs (but no longer FARA).

After complaining that she didn’t get to sign the Diversion Agreement over and over, Noreika deferred the plea, and ordered more briefing.

Hunter pled not guilty.

In their first offer after the plea hearing, Weiss proposed getting rid of judicial arbitration and also eliminating all immunity, effectively throwing out the plea. After Hunter didn’t immediately accept the no-immunity, no-arbiter plea, Weiss got Special Counsel status.

Hunter was willing to take a plea without FARA immunity. But because Noreika wanted the ability to veto the scope of immunity, she didn’t approve the plea. And that led Weiss’ office to immediately revoke all meaningful substance of a plea offer.

Timeline

June 6, 2023: Chris Clark spoke to David Weiss and told him any “Agreement’s immunity provision must ensure Mr. Biden that there would be finality and closure of this investigation.” In response, Lesley Wolf proposed this language, to which Chris Clark agreed on Hunter’s behalf:

The United States agrees not to criminally prosecute Biden, outside of the terms of this Agreement, for any federal crimes encompassed by the attached Statement of Facts (Attachment A) and the Statement of Facts attached as Exhibit 1 to the Memorandum of Plea Agreement filed this same day.

June 7: Bill Barr tells Margot Cleveland that the Smirnov FD-1023 had been sent to David Weiss for further investigation.

It’s not true. It wasn’t closed down,” William Barr told The Federalist on Tuesday in response to Democrat Rep. Jamie Raskin’s claim that the former attorney general and his “handpicked prosecutor” had ended an investigation into a confidential human source’s allegation that Joe Biden had agreed to a $5 million bribe. “On the contrary,” Barr stressed, “it was sent to Delaware for further investigation.”

June 19: Per claim from Chris Clark that Weiss never contested in Motions litigation, Weiss’ First AUSA told him that there was not another open or pending investigation into Hunter Biden.

Shortly after that email, I had another phone call with AUSA Hanson, during which AUSA Hanson requested that the language of Mr. Biden’s press statement be slightly revised. She proposed saying that the investigation would be “resolved” rather than “concluded.” I then asked her directly whether there was any other open or pending investigation of Mr. Biden overseen by the Delaware U.S. Attorney’s Office, and she responded there was not another open or pending investigation.

July 19: Chief of Probation Margaret Bray recommends Hunter for 24-month diversion.

July 20: AUSA Benjamin Wallace tells Noreika’s Courtroom Deputy that the government, Hunter’s team, and Probation have agreed to changes in the diversion agreement.

The parties and Probation have agreed to revisions to the diversion agreement to more closely match the conditions of pretrial release that Probation recommended in the pretrial services report issued yesterday.

July 20: Chuck Grassley and James Comer release Smirnov FD-1023.

July, ND (per indictment): FBI requests Weiss assistance in investigation of FD-1023.

July 26 Plea agreement (note, the links to the transcript come from references Judge Noreika made in her order denying immunity under the Diversion Agreement, as well as all the complaints about not getting to sign the Diversion Agreement which she left out; the order is best understood as an effort to refashion her own intervention):

  • Before Noreika enters the room: Leo Wise and Hunter Biden sign Diversion Agreement
  • As Wise and Biden are signing Diversion Agreement, Wallace approaches Bray regarding Diversion agreement, and she, “expressly declined to sign the draft diversion agreement” [at this point, the prosecution and Probation know she has refused to sign, but Hunter does not; for reasons I laid out here, it appears Noreika did know Bray was not going to sign]
  • 12: Noreika does plea colloquy
  • 40: Hunter says he’s relying on promises in Diversion Agreement
  • 42: Noreika asks whether this is a plea under Rule 11(c)(1)(B) or Rule 11(c)(1)(A)
  • 43: Clark says the plea stands alone
  • 45: Clark says government has reassured him they’ll stand by Diversion Agreement
  • 47: Noreika suggests Probation could reject the Diversion because immunity grant was too broad; Wise says that’s discretion of DOJ
  • 48: Wallace — the only prosecutor who definitely knew Probation had refused to sign — agrees that if the immunity were in the plea, it’d be under Rule 11(c)(1)(A)
  • 51: Wise says there’s an ongoing investigation (conflicting with reassurance offered by Weiss’ office in June)
  • 51: Noreika complains she can’t sign the Diversion Agreement
  • 52: Clark says the Diversion Agreement has been approved by Probation; no one corrects him
  • 52: Noreika complains the Diversion Agreement treats her as a rubber stamp
  • 56: Wise says they could bring FARA charges
  • 56: Wise says if FARA is included, then “there is no deal”
  • 58: Clark agrees to orally modify immunity provision to apply to only drugs, guns, and taxes
  • 84: Wise says the parties to the Diversion Agreement are DOJ and Hunter
  • 90: Wise states that the immunity paragraph has been orally modified to apply only to drugs, guns, and taxes
  • 93: Noreika complains that there’s no place for her to sign off on Diversion Agreement
  • 96: Noreika complains that DOJ won’t be able to charge Hunter if she doesn’t agree he has violated Diversion Agreement
  • 102: Wise repeats that they’ve agreed to terms of Diversion Agreement
  • 105: Noreika complains that she doesn’t have the ability to sign off on immunity
  • 105: Noreika defers plea
  • 106: Noreika asks for briefing on why it’s a plea under Rule 11(c)(1)(B)
  • 106: Noreika recognizes Clark has orally modified the scope of immunity, but tells him to put it into writing
  • 110: Hunter pleads not guilty

July 31 DOJ proposes changes:

  • Eliminate judge as arbiter
  • Delete immunity provision
  • Eliminate cross reference between plea and Diversion agreements

August 7: Clark insists on retaining judge as arbiter and retaining immunity provision

August 9: Wise withdraws all agreements by August 11

August 10: Clark asks to have until August 14

August 11: Before Hunter can respond, Weiss withdraws tax agreement and Garland names Weiss Special Counsel

August 29: FBI interviews Smirnov handler

August 29: Weiss tells Lowell they insist on felony pleas, claims they don’t have to rely on laptop

September 27: FBI interviews Smirnov

Demons: The Greek Tragedy of America’s Hunter Biden Addiction

While Hunter Biden’s team hasn’t officially decided whether he will take the stand, I’m confident we have seen the last witness testimony in the trial. Friday’s testimony might lead to a split verdict from the jury, with the easiest possession charge solidified, but more reason a jury might balk at the two documents charges.

But, after reading the transcript, I can’t help but view the last day as emblematic of the tragedy of the American addiction to prosecuting Hunter Biden.

Familial Tragedy

Start with Naomi Biden’s testimony.

As I’ve been saying from the start, Hallie Biden was the most important witness for prosecutors, not just because she’s the one who found and discarded of the gun at the center of the case, but because Hunter sent Hallie texts during the time he owned the gun discussing buying crack.

In addition, at trial, Hallie testified that she searched Hunter’s truck because he had come to her house overnight on October 22 and she thought he might have been using. She described finding “remnants” of crack cocaine which, given the fact that the pouch in which Hallie put the gun before disposing of it had trace remnants of cocaine, was particularly damning.

Q. When you searched his car, what did you find? Or when you cleaned out his car, to use your words, when you went through the car?

A. Aside from trash and clothes.

Q. Full of trash and clothes?

A. Yeah. I did find some remnants of crack cocaine and some paraphernalia.

Q. And just to be clear, this is the morning of the 23rd?

A. Yes. Oh, and the gun, obviously.

In real time, there was a discrepancy between Hallie’s explanation to Hunter of why she disposed of the gun — because it was not locked up — and Hunter’s — that it was locked and her disposal of it publicly made it more risky.

On the stand, Hallie described that the lock on the console “had been broken.”

Q. Where did you find the gun in the truck?

A. In the console, the arm console, it was like a box.

Q. Was the box part of the truck like in the —

A. Yes.

Q. Was that box locked?

A. It had a lock, but the lock had been broken. So it was like two inches ajar, you couldn’t like click it.

Hallie’s testimony on the stand — that she searched the truck because Hunter looked like he had been using — conflicted with the police report (which quoted her saying “I think he is screwing around on me”) and some of her contemporaneous texts (which Abbe Lowell struggled to get admitted under the rules of evidence).

I assume these inconsistencies were why Hunter’s team called Naomi Biden to testify. She had used the truck in which the gun was found to help move her boyfriend to New York days earlier, so she knew what it looked like when she gave it back. But rather than helping Hunter’s defense, it will end up matching the classic examples of circumstantial evidence.

You go to sleep and the ground is bare, you wake up and there’s snow on the ground, you have circumstantial evidence it snowed overnight.

Someone comes in from outside carrying a wet umbrella, you have circumstantial evidence it’s raining.

You give your dad his truck and it’s clean and the console is locked, but days later your aunt finds drug paraphernalia in it and the console guarding the gun has the lock broken?

Here’s how that testimony played out.

Q. When you took the truck from Washington D.C. to New York, what was the condition of the inside of the truck?

A. It was in good condition.

Q. By that I mean was there any laundry thrown around, any things that you could determine were left in the truck by your dad?

A. No.

Q. I want to talk about the Raptor truck a minute. Would you put up DX — can you look at Exhibit 12 in your book. So the condition of the truck is where we were at. I asked you what was inside and you said there was nothing particular left behind. When you gave the truck to your dad in New York, did you see strewn about, any, what we’ll call drug paraphernalia?

A. No.

Q. Did you see any white powder residue or anything like that?

A. No.

All the more so given the line of questioning from Leo Wise suggesting that, at a time Hunter was trying to collect the truck in the middle of the night, a drug dealer Zoe Kestan had identified, Franky, had gotten a code to access Hunter Biden’s Wells Fargo account.

Q. Did he tell you he was meeting with someone named Franky?

A. I don’t remember.

Q. Did he tell you that he had Franky come to his hotel room?

A. No. I don’t remember.

Q. I’m sorry, I didn’t hear you?

A. I don’t remember.

Q. Did he tell you he had given someone named Franky an access code to his Wells Fargo account?

A. No.

It’s clear now that prosecutors called Kestan for that testimony — that Hunter gave her and his drug dealers five minute codes to access his bank account — as much as anything else. Prosecutors have some idea who was making the cash withdrawals that, without the five minute codes, were just a proxy for drug purchases.

Not only will Naomi’s testimony provide circumstantial evidence that between the time she gave the truck back and the time Hallie searched it, Hunter had gotten and was using drugs.

But she displayed the tragedy of a family desperate to provide Hunter the love he needed to get and stay clean and instead be met with a wall of deceit. And I’m sure the Biden family is wondering, as I am, whether and if so what might have led Hunter to break the lock on his own console where he had a gun and from which two bullets were taken out of their box (but, according to Hallie, found loose in the console and disposed with the rest).

The trial as a whole has been a week-long display of unconditional love, a sharp contrast with the mob-like attack on rule of law from Trump and his supporters, a contrast that really should have been the focus of the Tiger Beat style trial coverage.

But this moment — the moment Naomi thought she might help her dad but instead may have sealed his prosecution — must have exhibited to the jury the heartbreak such unconditional love faces when supporting someone with addiction, something with which a number of jurors have first hand experience.

Hitjob Backlash

That might have sunk Hunter entirely and it still might.

But other witnesses yesterday completely discredited the testimony of Gordon Cleveland, the guy who sold Hunter the gun, the single witness to the two other counts charged, that Hunter lied on a gun form.

As I laid out here, Cleveland described that selling the gun to Hunter went this way.

  • Hunter Biden picks a gun
  • Cleveland hands Hunter Biden form 4473 to fill out as Hunter hands him his passport
  • Cleveland leaves the front room to copy the passport which, he claims, takes less time to do than it does with a driver’s license because it is not double-sided
  • Cleveland returns to the counter and watches Hunter as he fills out the gun form
  • Only then does Cleveland take the passport — but not the form — in the back to ask whether he can use the passport
  • He and Jason Turner return to the counter
  • Turner reviews the form and sees that Hunter hasn’t signed it
  • Turner then tells Hunter he needs to go get a second form of ID
  • Turner goes back into the back room to run the background check
  • Turner fills out the rest of the form — including dating Cleveland’s signature
  • Cleveland proceeds to sell Hunter a bunch of other things, some of which he claims to have consulted on, some of which — a utility tool and a pellet gun — he claims he did not

His former colleague, Jason Turner (whom the owner of the shop blamed for altering the document after the fact, but jurors don’t know that), offered an entirely different timeline. He described:

  • Cleveland puts form (which Hunter has not signed) and passport (and, Turner later claims, the gun) on stack of background checks Turner is doing
  • Before doing background check, he reviews the paperwork and sees Hunter has not signed it
  • Turner brings the form and passport to Cleveland and — without ever speaking to Hunter — tells Cleveland that Hunter needs to sign the form and provide a second form of ID
  • Turner than stood by the back office door and watched as Cleveland got Hunter to sign the form and provide a second form of ID
  • Turner runs the background check
  • Turner fills out the form and in the process records the car registration (and the passport)
  • Turner brings the form and the gun back out to Cleveland
  • He never speaks to Hunter
  • Palimere was not in the gun shop and witnesses and witnesses none of this

The shop owner, Ron Palimere (the guy who has a proffer agreement immunizing truthful testimony), offered a third story:

  • At some point Palimere comes over to the store from his pawn shop because he has been informed there is a celebrity customer
  • Cleveland comes back into the office with the form and the passport
  • Cleveland asks if he can use just the passport for ID
  • Palimere says he can
  • Palimere does so because he was trying to avoid holding up the sale

The gun shop owner — the one guy with immunity — says he approved selling the gun without getting proper ID. The guy on the hook for the background check, Turner, claims he instructed Cleveland that the gun could not be sold without a second ID. And Cleveland, the guy who signed the form, says Turner interacted with Hunter and via that process got a second form of ID. Statutes of limitation have expired on the sale itself — Weiss was too busy chasing Hunter to figure out whether a still-active gun dealer has a practice of letting celebrities buy guns without proper paperwork — but they have not for any document alteration in 2020 or 2021, and if either man provably lied on the stand, they could face perjury charges.

All this might pass unnoticed to the jury. But I have to imagine they’d be surprised by Turner’s insistence that he recorded the car registration in the form, when no such thing is recorded on the form.

Q. You see the books next to it, line 18(b), right under it?

A. Correct.

Q. It says supplemental government issued documentation, if the identification document does not show current residence, government issued photo identification, do you see that?

A. Yes.

Q. If it doesn’t show residence, do you see that?

A. Correct.

Q. You a moment ago said that the passport doesn’t have somebody’s address?

A. Correct.

Q. Then you said that you told Mr. Cleveland something, right?

A. He needed to get further government issued identification with an address on it.

Q. Right. And if he did, what would you do with that?

A. I would have written it right in there.

Q. But you don’t see such writing in there, do you?

A. When I wrote that out, I wrote the car registration.

Q. You don’t see such a writing in there, do you?

A. When I wrote that out, I wrote car registration.

Q. When you wrote this out, you wrote car registration here or car registration there?

A. 18(b), car registration.

Q. You wrote it?

A. I wrote it.

Q. Where is it?

A. I wrote vehicle registration in there.

Q. I’m asking you if you did and this is the form, where is it on the form that you say you wrote?

A. It’s not there.

The conflicting stories of the gun shop employees — particularly Turner’s testimony that he ordered Cleveland to do something that Cleveland says Turner did — certainly undermines Cleveland’s credibility, and therefore his value as a witness to the way in which Hunter filled out the form.

But as I’ve described there is another element of the offense to both the form-related charges, beyond just that Hunter knowingly lied on the form. One requires that a false claim be material to the sale; in this case, the gun shop owner testified that not having proper ID was not material to this sale. The other arises from the obligations on the gun shop to keep proper paperwork, which Turner’s testimony makes clear they did not (though discussion of which remained largely barred by Judge Noreika’s order prohibiting discussion of the later alterations).

Even without knowing that the form got doctored years after the fact, jurors may have reasonable doubt about what actually happened here.

And the conflicting testimony may oblige David Weiss to do something about it, something his prosecutors have been trying to avoid.

Somewhere between three and four years ago, according to Palimere, Turner altered a form in violation of instructions that Turner acknowledged are right there on the form. The men gave irreconcilable testimony on the stand.

If you’re going to prosecute Hunter Biden for lying on a form, how do you avoid prosecuting a gun shop that doctors a form after the fact? In other words, one of these guys risks joining Alexander Smirnov in legal hot water, because the imperative to prosecute Joe Biden’s son has revealed that one after another after another after another person did something really shady to make sure he’d be prosecuted.

DEA’s Los Angeles traffic expert

All of which may lead jurors to ask what they are doing here — not least, why they have spent days of their lives seeing evidence that Hunter Biden used drugs anytime other than the days leading up to October 11 (showing his mindset when he purchased the gun) and between then and October 23 (when Hallie disposed of it), when he wrote a book admitting to just that.

Prosecutors have buried the jury with one of the few things not in contention: that Hunter Biden struggled with addiction, with periods of sobriety and periods of desperate addiction.

The absurdity of all this may have come into focus on Friday during the testimony of Joshua Romig, the DEA expert brought in to to translate for jurors topics that were not in dispute.

As Romig described, his day job is investigating drug trafficking, including “some firearm offenses when it comes to drug traffickers.” But it is the trafficking itself that DEA is trying to shut down.

I did that for over five of the years that I was assigned to the DA’s office, was just investigate drug trafficking offenses. I was very briefly assigned to the warrant unit before I got hired by DEA, because my boss didn’t want me to get involved in anymore court cases because he knew I was leaving. And then since I have been a DEA agent, the only thing, we’re a single mission agency, all we do is investigate drug trafficking. There are nuances to those drug trafficking cases, we investigate money laundering when it comes to drugs, we investigate some firearm offenses when it comes to drug traffickers, theft of firearms, but my primary responsibility is to investigate drug trafficking.

Derek Hines — he of the sawdust as cocaine — started Romig’s testimony with a focus on how the drug trade works, which led Abbe Lowell to object and this contentious sidebar.

MR. HINES: It’s not going to be a long road, I’m merely establishing if the jury understands what cocaine is and generally where it comes from to get to its source distribution points, and that forms the basis for Mr. Romig to testify about how he knows what the drugs are and how the language works in the drug trade so he can give an opinion to the messages which I seek to put up. This won’t be a long road.

MR. LOWELL: Ten feet, 2 miles, what’s the length of the road?

MR. HINES: Not as long as the roads you travel, Mr. Lowell.

Then Hines launched into a review of communications from times other than October 2018 that continued for 37 minutes.

Lowell responded by going on at length himself, noting that all the communications Romig reviewed were for times other than October 2018, and with two exceptions, there were no communications with drug references from that period, neither of which required an expert to interpret them.

Q. You see the date, these are now October of 2018; right?

A. Yes, sir.

Q. Take a look at those. All right. If you go to the next page, please. And you see those texts?

A. Yes, sir.

Q. Okay. Now, you see on the 13th, go back one, please, Mr. Radic. Now go forward one, and go forward one. Okay. Look at those texts. Go forward one. Go forward one. That’s still in October of ’18. Please go forward one. Would you go another one? Do you see a reference to a Bernard at 10:13; right?

A. Yes. 119.

Q. Do you see that one?

A. I do.

Q. You didn’t do any independent investigation of who Bernard is or whether he even exists did you?

A. No, I didn’t do any investigation in this case.

Q. Got it.

A. I just was provided the messages that you see in front of you.

Q. And no need to interpret, because there is a word dealer there, so you didn’t need to interpret that one?

A. A lot of these messages don’t need much interpretation for me, correct.

Q. Go to the next one. That’s to Rows 125. Please go one more, please. I’m sorry, go back, you saw there is a reference in that to sleeping on a car, smoking crack, you don’t need to interpret that?

A. I don’t think I need to interpret that, no, sir.

Q. You don’t know whether that’s accurate or not, whether that’s where he was at the time; right? A. I don’t.

Q. Next one. Look at those. Next one, please, Mr. Radic. And again, we’re in October of 2018, right?

A. Correct.

Q. If you go to the next one, take a look at those. Like, for example, 1:35 on the 16th of October is one that says “hey buddy, it’s Richie Jones, checking in”, that’s no reference to drugs or anything like that, right?

A. It doesn’t appear to be, no.

Q. Go to the next one, Mr. Radic. With that. Go to one more, please. Okay. We’re in the end of October 2018. Go to one more. 1:49. And we’re still in October. Right? And then the next one. Do you see that’s at the going into November and after, do you see that?

A. Yes, sir.

Q. When you reviewed this chart before you came to court or at any point in your investigation, in what I just showed you from the period of time from August of 2018 through November of ’18, there is no reference in what you saw or analyzed of 1.4, is there, in those texts that I just went through with you?

A. No, I’m not sure when that 1.4 text was, but no, not in the ones we just reviewed.

Q. No reference or photo of any scale with white rocks on it in the texts I identified for you between August and November of 2018; correct?

A. Correct.

Q. No reference to baby powder in that period of time?

A. Correct.

Q. No reference to soft stuff in that period of time?

A. Correct.

Q. No reference to party favor in that period of time?

A. Correct. Q. No reference to grams in that period of time?

A. Correct.

Q. No reference to chore boy in that period of time?

A. That’s correct.

Q. No reference to one full in that period of time?

A. Correct.

Q. No reference to fentan in that period of time?

A. Yes. Correct.

Q. And no reference of a ball in that period of time?

A. Correct.

Q. Those last 4 or 5 were all the way into 2019 as we went through on the screen a moment ago, right?

A. Yes, sir.

Q. And in that period of time, there is no pictures of a drug being used, right, no holding of a pipe, right?

A. None that I reviewed.

Q. No bags on a scale, right?

A. No, sir.

Q. No bags at all?

A. Correct.

Q. No videos of him weighing any drugs, right?

A. None that I reviewed, no.

Q. So all that you identified and what I went through with you, were for the years I said before and after the period of August of 2018 through the time that we identified those in November of ’18, that would be a fair statement I just made, isn’t it?

A. With the exception of the October text that we talked about, where he said he was smoking crack.

Q. I did those too. We identified those too. You’ll agree with me, no pictures, no photos, no scales, no white rocks, no chore boy, no fentan, no ball, no ounce, no grams, none of that?

A. Yes, sir, outside those two messages, you are correct.

Romig did describe that the size of cash withdrawals Hunter was making were consistent with drug use, but admitted he didn’t do any analysis of Hunter’s cash flow at the time.

And it’s not just the fact that Derek Hines (he of the sawdust as cocaine) asked this DEA expert to spend his time analyzing comms from periods other than October 2018. More importantly (as Lowell elicited), the DEA doesn’t spend its time reviewing the comms of end users, because the goal is to break up large scale drug trafficking.

Q. In your introducing your expertise and what you are testifying about, you indicated that your job and the job of your colleagues is to be trying to break up large scale distribution of drugs?

A. Correct.

Q. Usually not individual users?

A. That’s correct.

Q. And you don’t have any reason to understand that what Mr. Biden is on trial for has anything to do with him being a distributor?

A. Nothing that I have reviewed would indicate that.

Q. And you’re not investigating, or you didn’t investigate him for the time he was using?

A. I have never done that, no.

Q. You went over all those texts that had people’s names and numbers, some of which you just went over with Mr. Hines, and there were people that seemed to be the distributors, or at least the people that were selling him narcotics. Did you see those people’s texts?

A. Yes, sir.

Q. So as your job to try to break up large scale distribution, did you look into those people?

[snip]

Q. My question was, you didn’t do that, not that you don’t know that it was done, not withstanding that you said your goal —

A. The DEA, as far as I know, but specifically me, or any of the groups that I supervise did not investigate any of the people based on my review of the sellers in this investigation.

Derek Hines’ DEA witness made it clear that this was not an effort to combat drug trafficking. Nor was it an effort to analyze even primarily the communications Hunter sent during the period he owned a gun.

This testimony put the issue of priorities before the jury.

As Manuel Estrada described when explaining to HJC why his top aides advised against getting involved in this case, there are — there should be — far higher priorities.

A Just around that. I mean, just to put it into perspective, it was a crisis mode when I came in because one of the major areas we have is national security. National Security covers not just foreign actors. It includes terrorist actors. It includes domestic extremism. And I’ve had to double the size of that division during the time I’ve been there, and we still can’t handle all of the cases we have there. Q And that’s today, even doubled, you don’t have sufficient attorneys to handle all of the cases? A Well, that’s true in every one of our areas. We don’t have enough AUSAs to handle our national security matters. We could be doing every AUSA in my office could be doing PPP fraud cases we have so much PPP fraud. Every Q PPP is the

A That’s the COVID fraud, COVID19 money fraud. Every AUSA in my office could be doing healthcare fraud cases we have so much healthcare fraud. We have to deploy our resources in the most effective manner to address the needs of the district. As I mentioned, we have a fentanyl epidemic. That includes not just deathresulting cases, it includes going after cartels which are distributing these pills, not just in powder form but in pill form. We routinely seize over a million pills at a time from vehicles, and we need to prosecute those cases. Each pill could be a death. And routinely now we’re finding cartels transporting fentanyl in liquid form, which is a new thing that they’re doing. So we have to do those cases.

We have a violent crime crisis where, for a variety of reasons, including some of the local policies, there has been an increase, certainly in our view, of violent crime and use of handguns in crimes. We have taco vendors on the streets getting robbed at gunpoint. So we are doing more of those types of offenses than we ever have before. We don’t have enough resources to do those.

But David Weiss reneged on a plea deal to chase a hoax from someone with ties to Russian intelligence and since then has been throwing everything he had — including this DEA expert’s time — reading texts from Hunter Biden from periods not remotely close to the period he owned a gun.

Judge Noreika has, properly, been working hard to guard against the jury nullifying this vote, voting that this whole thing is just so stupid and such a waste of time.

But Jeebus: with the human tragedy and the increasing consequences for those who campaigned to target Hunter Biden, what the fuck is the point. What are we doing such that the most important legal case in America serves primarily to subject Joe Biden’s family to the tragedy of his son’s addiction all over again?

How to Think about the Hunter Biden “Laptop”

As noted, yesterday the summary FBI witness in the Hunter Biden trial, Erika Jensen, testified that she did not do an analysis to find out whether any of the files on the laptop attributed to Hunter Biden, “had been tampered with, added to, or subtracted?” She also testified that, as someone who had, “a small basis of my understanding of how [FBI’s digital forensics experts] work” and having not done such an analysis, had not “seen any evidence whatsoever from the data [she] reviewed from [the] laptop to suggest that there was tampering”

Her job was not to do such an assessment. Her job was to do a summary of a very narrow cherrypick of files prosecutors asked her to summarize.

Indeed, her further testimony revealed how useless her opinion on the laptop is. Aside from matching the laptop serial number with one of at least seven laptops Hunter had used in the two years leading up to its delivery to John Paul Mac Isaac in 2019, the only other validation Jensen described was the emailed receipt JPMI sent Hunter Biden’s publicly identifiable email account on April 17, 2019, which is utterly and completely useless to validate the laptop. Jensen further described that she didn’t review any emails beyond a small handful prosecutors gave her. The file did not include the kind of metadata that would be necessary to assess its usefulness.

The investigative team had never validated whether anything had been added to the laptop before October 20, 2020. No one made an index before handing over the data in discovery to Hunter Biden’s team.

While everyone was focusing on Jensen’s testimony yesterday, Zoe Kestan actually gave far more interesting — and useful, for assessing the reliability of his data — testimony about Hunter’s digital life. She described, for example, that fairly early in their relationship, Hunter “sent me images of his credit card and asked me to call hotels and find somewhere for us to stay that night.” Kasten described that Hunter would get 5-minute codes and send them to her and to drug dealers so they could pull money from his ATM without his ATM card. She described how, sometime around March 2018, the two went together to drop broken devices off at an Apple store, but he left and she finished that process.

We went out for dinner one night, we went to the Apple store because his phone and his computer were broken, and he had to leave in the middle, so I dropped off, and you know, submitted his phone and laptop at the Apple store for him.

She testified he lost maybe 5 or 6 phones in the period they were in a relationship, a period intermittently spanning a year (though I think this might be high). She described trying to locate him once by logging into his bank account (the credentials for which were on her machine) to see where he was withdrawing money from an ATM. She described that he would do his business from her laptop.

This is just one person! And she had the means to totally pwn his life. As, too, undoubtedly, some of the drug dealers who supported his habit.

This is the kind of thing I’ve focused on for a long time. In the depths of his addiction, Hunter Biden exercised almost no digital security, meaning his girlfriends, his drug dealers, his sex workers, and even the junkies he partied with all had easy means to compromise his devices. And every time Hunter lost a device — the five to six Kasten testified to, the seven or so laptops he had over that year, two more phones she wouldn’t have known about — every single time, it would present the opportunity for someone to take over his digital identity as a bunch of right wing Trump supporters have since and tamper with it.

With all that said, I want to address all the reasons why no one should be admitting Hunter Biden’s digital data into a criminal trial without proving the provenance of each message.

Start with his iCloud. Contrary to widespread belief — belief sown by false claims from prosecutors parroted by credulous journalists — it is not true that all the data on the laptop was backed up to Hunter’s iCloud account.

As I have shown, only half the messages admitted in the trial came from one of two device backups saved to iCloud (these numbers are based off an early draft of the summary).

But there’s a mistaken belief that everything on his iCloud had to be authentic.

That’s because people like Kasten — and people who undoubtedly have a lot less affection for Hunter Biden — have devices that include the login data for Hunter’s iCloud or for phones that were set to back up automatically to iCloud. People with his devices might also be able to access his two main Gmail accounts, his RosemontSeneca one (which frequently suffered what Google believed to be compromises but which might just be Hunter trying to get in), or the droidhunter account he used for adult entertainment (which was accessed by a burner phone in a period when the droidhunter account had access to his iCloud during the period his digital life was packed onto to the laptop that would end up at the FBI).

The reason Hunter’s cloud data was vulnerable to tampering stems from the way he kept his own — and, per Kasten, his associates’ — laptops. We know from the hard drives shared publicly that that laptop included means to access Hunter’s iCloud, an iPad backed up exclusively to the laptop, the phone from which the most important texts used in his trial were extracted (protected by password), and the cookies and passwords to get into much of the rest of his digital life.

What everyone knows as the [multiple hard drives] copied from the laptop is better thought of as a set of a significant chunk of Hunter’s digital activity (much of it unavailable elsewhere), as well as keys that a sophisticated actor could use to access what was stored in the cloud.

And a whole lot of dick pics.

If we believe John Paul Mac Isaac, then he delivered that entire package of Hunter Biden’s digital life plus another two laptops,to the Mac Shop on April 12, 2019. (Remember that there’s another laptop in the wild, which purportedly was left at Keith Ablow’s guest cottage during the period some of this data was being assembled.)

Whether you believe that part of the story or not is not actually all that important. Except insofar as it raises the chances that what went into JPMI’s store was packaged up to maximal damage. Except insofar as right wingers and gossip columnists posing as journalists claim it gives them license to do anything they want with the data. Indeed, the way that story has been used as license to do something grotesque is about all that story does, whether true or not.

Which may be the point.

JPMI has made it clear he started snooping long before he claims his terms and conditions gave him property rights over the device (even if that extended to the data on the device, which Hunter’s team argues it does not). JPMI’s claims about what alarmed him enough to reach out the FBI and Congress and Donald Trump’s personal lawyer aren’t backed by the documents on the laptop. JPMI’s claims about what laptops he received that day don’t match the laptop shared with the FBI.

In other words, there are gaping holes all over JPMI’s story, which differs from the FBI’s story about what they did with the laptop in key ways.

And yet, that didn’t lead the FBI to validate the laptop associated with the iCloud account of the (then) former Vice President’s son beyond confirming that some but not all of the data matched what was in Hunter’s iCloud.

Whether you believe JPMI or not, he has copped to giving Rudy Giuliani, members of Congress, and through them, the whole world, the gateway to Hunter Biden’s digital life. There’s no defense of that, and yet virtually the entire DC press corps likes to pretend they’re doing ethical journalism if they whitewash it.

There’s not much, yet, to add to the discussion above of how David Weiss used the laptop. As noted above, the FBI never did real due diligence on this laptop.

There’s a lot yet to learn — including whether there was a connection between FBI getting a warrant on the laptop and then DOJ Chief of Staff Will Levi’s text to Bill Barr the next day, “laptop on way to you.”

We do know that the (known) December 2019 warrant only permitted the search of the laptop for the three tax crimes charged against Hunter Biden in Los Angeles (which seems inconsistent with the subpoena that described money laundering). The FBI did not have authority to search the laptop or data from Hunter’s iCloud for gun related evidence until December (though Agent Jensen’s summary of the evidence submitted at trial cited earlier warrants for reasons that have not been aired at trial).

The [hard drive containing the contents of the] laptop is not the same thing as the laptop entered into evidence this week.

That’s something about a bazillion trolls who responded to something I said in 2023, about the disseminated laptop: that it had been tampered with.

It has.

There are known (albeit minor) alterations on the content of the hard drive that Rudy Giuliani shared with the NYPost and, after that, the entire world. There are reportedly more significant compromises, which we might learn about if Rudy’s bankruptcy doesn’t entirely kill Hunter Biden’s lawsuit of Rudy. There was far more significant alteration done on two other sets of data: one, disseminated by Guo Wengui (including some of the files taken down by Twitter in October 2020), and another, released by Jack Maxey.

And there were different public and non-public means of using the hard drives passed on from JPMI to access further Hunter Biden data. Garrett Ziegler, for example, fully admits he compromised the encryption of the iPhone backed up to iTunes on the laptop (though in his response to Hunter Biden’s lawsuit, claims it was legal because the drive he hacked had never belonged to Hunter). Vish Burra is more outspoken about having hacked Hunter Biden.

Many many many of the people who froth over content from the laptop — and journalists who whitewash the hit job against Hunter — don’t know there are multiple versions of altered laptops that relied on multiple means to access (or create) the data.

Many — including many journalists — have just decided Hunter must a horrible person so they are not obligated to care what really happened here.

Hunter Biden’s laptop is not any one thing. It’s not real or authentic or not. It is, rather, the shoddy state of affairs when an entire country enthusiastically exploits the fact that an addict’s digital life was in a permanent state of half-compromise for most if not all of the time of his addiction.

Update: Corrected spelling of Kestan’s last name.

Update: Fixed the super confusing reference about why the FBI didn’t respond differently to the compromise of Biden’s son.

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.

“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.

“True:” Hunter Biden Prosecutor Derek Hines Claims 80-Plus Equals “A Couple”

In Derek Hines’ reply to Hunter Biden’s opposition to prosecutors somewhat failed bid to substitute summary for proving authenticity of his digital data, Hines accused Abbe Lowell of misunderstanding the digital discovery in the Hunter Biden gun case.

In the remainder of his Response, defense counsel demonstrates (1) they still do not understand the electronic evidence in this case that they received in discovery last fall, and (2) despite claiming they do, they actually have no evidence to give them “reasons to believe that data has been altered and compromised before investigators obtained the electronic material.” Doc. No 151 at p. 1. None of what they claim in their Response is admissible in court, and the government objects to any line of questioning suggesting the trial evidence may have been manipulated because there is no foundation for such questions, they are also irrelevant, and even the inference posed by such a question risks confusing the jury.

As often happens with Mr. Hines (he of the sawdust-as-cocaine error), this seems to be a case of projection.

In an exchange with Judge Maryellen Noreika at last week’s status hearing, Hines suggested that the way to validate digital data that may have been in other people’s hands was to match the content of it to real world events: to tie Hunter’s observation that he was in Delaware to ATM withdrawals made by a guy notorious at Wells Fargo for losing his ATM card.

MR. HINES: Your Honor, one point of clarification I would like to add, too, if I may. So the summary chart, as Your Honor has read, summarizes stuff from Apple. John Paul Mac Isaac, has nothing to do with that data for that production.

THE COURT: I understood that. And as I understood, that’s where the real contest comes in, not from the iCloud, I guess unless the iCloud was backed up at some time during April.

MR. HINES: So it comes from two devices that Hunter Biden had, his phone and his iPad, that were backed up to Apple. John Paul Mac Isaac never had custody of that phone or the iPad at this store. He had the laptop. That stuff that is on the summary chart has nothing to do with what Mr. Lowell is alleging from The Washington Post. What we’re using on the laptop are messages that will be corroborated by a witness in this case who will testify that she sent those messages and received those messages and then a couple of other messages which we have noted on page 3 of our reply. Where there was other corroboration, for example, a message that shows that he’s in Wilmington, Delaware and made an ATM withdraw, that shows that as well. This isn’t some vast array of messages from John Paul Mac Isaac that the Defendant alleges without evidence that he planted into his laptop. To be clear, we’ve asked for reciprocal discovery over and over again. They made this claim in the media that the laptop wasn’t true. We haven’t seen one scintilla, not one message that that isn’t true from the data that law enforcement turned over. And they can’t raise that issue in any meaningful way at trial because there is no evidence of it. We want to make that clear in our reply, the data coming in, and we don’t believe there is any basis for Mr. Lowell to make these kinds of–

To be clear, if Hines is correct that Hallie Biden — the witness he promised, “will testify that she sent those messages and received those messages” — really will validate the messages she and Hunter exchanged in the days immediately after he bought a gun, the entire question of the authenticity of Hunter’s data should be moot.

That’s the most important evidence at trial, because it would (at the very least), show Hunter acknowledging his addiction and probably consuming drugs during the 11 days he owned a gun, going a long way to proving the strongest of three charges against the President’s son.

But David Weiss’ prosecutors are thinking bigger than that.

They’re obsessed with the bacchanalia Hunter had during spring and summer 2018 in Los Angeles, and plan to rely heavily on that — events that transpired before Hunter’s final attempt at recovery before he purchased the gun — to prove his addiction. And they keep claiming the state of Hunter’s addiction after Ketamine treatment from Fox News pundit Keith Ablow shows the state of his addiction in October 2018, when he owned a gun; again, they want to use memoir passages and texts from that period to prove the state of his earlier addiction. There are discontinuities in Hunter’s addiction that make those other periods less probative to the case.

And to submit this evidence, they’re seeking to admit a bunch of communications on either side of rehab attempts that won’t involve a counterpart to Hunter’s communications to validate them, as Hines promises Hallie will for communications during the period Hunter owned the gun.

In this exchange Hines makes some misleading and one outright false claim. He seems to suggest to Judge Noreika that the summary chart only includes stuff from Hunter’s iCloud. He seems to suggest that none of the data in the summary chart went through John Paul Mac Isaac’s hands, when half of it did. Probably that’s just imprecision — a lack of specificity that just some of the messages were from the iCloud, that just some of the messages were from two devices that were backed up to Hunter’s iCloud.

But as to the claim that in addition to the messages that Hallie will validate, there are “a couple of other messages”?!?!

Here’s his description of the “couple” of messages noted on page 3 of the reply.

Messages in Row 85-86 (a message where the defendant says “I need more chore boy,” which is used consistently in the message with how the defendant described “chore boy” in his book), Rows 87 and 135-137 (messages where the defendant says he in Delaware, which is consistent with his ATM withdrawal activity, location information on photographs on his phone, and his admissions in his book), Row 214 (a photograph of the defendant with a crack pipe in his hand), and 216-292 (videos and photographs of the defendant with a crack pipe and drug messages from December to March 2019, consistent with the defendant’s characterization of his activity in his book).

That’s upwards of 80 communications, and he may have excluded a few that don’t involve Hallie (this table breaks out various kinds of comms sourced to the laptop, partly to show outliers, partly to break out comms from the laptop that involve Hallie — marked in pink — and those that do not).

Eighty is not “a couple.”

Even among the texts exchanged with Hallie, I have questions about some, such as the November 3, 2018 text posted without any metadata and with a dark line (as if it came from some other table).

The January 28, 2019 text Hunter sent Hallie, describing that she threw his gun in a dumpster, will be another for which her validation will be key (and for which contextual texts may be pertinent).

I have questions about some of the stuff from iCloud, too — again, because the metadata suggests it does not reflect a backup taken of the device on which the content was captured.

But among the 80-plus other comms, several are presented without the kind of metadata that would make the reliable.

And that’s just what’s included in the summary chart.

Which gets me to the really curious part of Hines’ argument. Both at the hearing and earlier, he impatiently complained that Hunter’s team hadn’t provided any reciprocal discovery — meaning, something like the John Paul Mac Isaac deposition obtained as part of the lawsuit and countersuit (in which a decision has been pending since February). Hines seems to imagine that a witness testifying to altering documents would be the only basis on which Hunter could challenge the authenticity of the digital data prosecutors obtained, whether in public or at trial.

He seems not to have considered whether he already gave Hunter the evidence to challenge the authenticity of such data, using the very same techniques the FBI uses all the time in cybersecurity investigations: the metadata from about six different Hunter Biden accounts.

For his part, Abbe Lowell seems quite certain that some of the material in the FBI’s hands is not authentic. which is different than being confident that some of these communications are.

THE COURT: I understand, but do you disagree if he wants to ask, look, he dropped off the laptop in April, you got it in December, that he can ask that?

MR. HINES: He can ask that timing question, absolutely, Your Honor.

THE COURT: All right.

MR. LOWELL: And one more thing, Judge. I think there may be — I have no quarrel with the point if they have a witness that said I sent this or received this message, of course that’s fine. It’s just that it seems to me their point was they wanted a broad stroke agreement or stipulation that the data is all authentic as opposed to —

THE COURT: And can be tied to Mr. Biden?

MR. LOWELL: Yes. And so I can’t make that because we know to the contrary. I think your point about there might be individual things to raise, if we find that, we will, but I don’t have a disagreement with what you and Mr. Hines just said.

THE COURT: Okay. And I guess we can address that to the extent it comes up in trial. So as I understandit, the government is asking for a ruling that the summary of voluminous messages is appropriate under the Federal Rule of Evidence 1006. Defendant doesn’t object to that. So I will allow this as a summary chart. The government is seeking to have this chart authenticated as of the date that the government received the laptop into federal — some federal agent’s custody. The Defendant does not disagree with that. So I will grant the motion to the extent that is what the motion is seeking.

With respect to whether particular messages on there can be challenged, we will have to take that on a case-by-case basis at the trial.

MR. HINES: Your Honor, on point two that you just read for your ruling, it’s the laptop and the Apple iCloud because the Apple iCloud came into the custody of law enforcement independently of the laptop. I wanted to make sure that was our request as well.

THE COURT: Thank you for that clarification.

MR. LOWELL: One other thing as to what you pointed out in terms of the book. We raised the issue of completeness for their 1006 chart, which we will also talk to them about.

THE COURT: If there is stuff that you want to add.

MR. LOWELL: If not, we will proffer our own if we can’t agree. [my emphasis]

Notably, there has been no discussion of retired Secret Service Agent Robert Savage’s claims that Joseph Ziegler interviewed him based on what both Savage and Hunter claim were fabricated texts; those texts date to the same Los Angeles bacchanalia that Weiss’ team loves.

But being certain that there are some files in Hunter’s digital evidence (and Lowell appears to believe this is true of stuff saved to the iCloud as well) is different than being certain that certain of the communications prosecutors will rely on at trial are fabricated or planted. The import of all this will depend on how much it is — and whether and, if so, how well FBI Agent Erika Jensen, through whom prosecutors wanted to introduce this evidence by using summary in lieu of authentication, can answer questions about digital attribution. She’s likely playing this role because she is not privy to all the technical details about Hunter’s digital data.

Perhaps the most remarkable part of this exchange, however, is that Hines measures this in terms of what is “true,” rather than whether it is “authentic.” “They made this claim in the media that the laptop wasn’t true. We haven’t seen one scintilla, not one message that that isn’t true.” But Hines has already proven that things he deems “true” may not be “authentic.” He claimed, as true, that a message sent by Keith Ablow was a true representation of Hunter’s (powder) cocaine use. Never mind that it was sawdust, not cocaine — that is, it wasn’t even “true.”

But it also wasn’t “authentic.” It wasn’t Hunter’s photo.

This is the mirror image of a logical problem that right wing propagandists (and certain apologists for Russia have) about the laptop and about Russian hack-and-leak efforts: proving something’s authenticity as a way to dodge proving that an authentic message proves the truth claim they’re making. Here, Hines is simply skipping the authentication step (and he may well get away with it).

We shall see next week. Judge Noreika has left the door open to Hunter’s team challenging this digital data (contrary to what some of the reporting on the hearing claimed), and prosecutors have likely left themselves open to more significant challenges by including data that is less probative to their case than the texts Hallie can validate herself.

At the hearing, Judge Noreika also left open the possibility of Hunter submitting on full pages from his memoir, not just the excerpts picked by prosecutors (though her order may be limited to pages, not longer passages).

[T]he motion will be granted in part. The pages offered by the government may be admitted, but the motion is denied to the extent that the government seeks to admit a page from Defendant’s memoir without giving him the opportunity to seek the admission of additional relevant sentences or passages from that same page subject to the Rule of Completeness so long as the statements made meet other requirements for relevance and prejudice. The excerpts by the way still need to come in through a witness.

Now, that being said, I will note that no one has provided me with un-redacted pages from the book, so I can’t tell you at this point whether I view any of the redacted portions to be properly admissible on the Rule of Completeness or the relevance and prejudice, but I do think it’s unfair that Defendant wouldn’t be given an opportunity to establish that.

She has yet to rule on the ATF form doctored after the fact by the gun shop. But Derek Hines did, at least, provide a non-responsive explanation for the source of the three colors on the form.

THE COURT: So you are planning to call Mr. Cleveland. And he is going to say I watched the Defendant fill out the form. I wrote down — did he write down — I noticed that with Mr. Lowell’s motion, he gave me a color copy of the form, which was nice. So is he going to be able to testify who wrote stuff in red, blue, black, whatever?

MR. HINES: Yes, he will. He will testify that Mr. Biden filled out Section A, which is the section that can only be completed by the buyer. And he will testify that he signed the form. You can see his signature on the third page of the form. And then he will testify that Jason Turner filled out Section B of the form. Jason Turner is another employee of StarQuest.

THE COURT: And who filled out — oh, Section B.

MR. HINES: Correct, Section B.

THE COURT: It looks like the same person who makes their zeros like that, but some are in black and some are in red.

MR. HINES: Correct. Based on the information the government has, he will testify that Mr. Turner completed Section B of the form.

Again, prosecutors have a strong case against Hunter Biden. But two of three ways in which they attempted to mitigate the holes in their case have at least partly failed.

Update: Corrected date of November 3 text.

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.

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The series builds on this background.

 

Hunter Biden Prosecutor Leo Wise Aspires to Be the James Comer of John Durhams

In a filing submitted last week opposing Hunter Biden’s [surely doomed] bid for a continuance of his California trial until September, Leo Wise argued that this is just a garden variety tax case that doesn’t merit any more time to prepare than the week between the Delaware case and the California case.

The defendant claims that he requires only “a small amount of additional time to adequately prepare” ECF 97, p. 5 (emphasis added). However, he asks for this “limited reprieve,” ECF 97, p. 4, of 77 days without providing any details about how those two and half months would be utilized. His filing is simply unclear about what the defendant would actually do with any additional time. His perception of this case as “uniquely challenging and high-profile,” ECF 97, p. 5, is unlikely to change if a continuance is granted. The fact that there may be more press coverage of this trial than others does not affect the preparation required by counsel in any way. This is a straightforward tax case, and the defendant has not alleged otherwise. He is not above the rule of law and should be treated like any other defendant. Every case has pretrial deadlines; the fact that they exist here cannot support a continuance request. Given the complete lack of specificity as to what needs to happen between now and trial (other than compliance with the usual pretrial deadlines which the defendant has known about since January), the factor of usefulness does not support a continuance. [my emphasis]

But a motion in limine filed by Hunter Biden reveals that claim is false.

Wise has no intention of treating this as a straightforward tax case.

After Hunter Biden agreed, in response to Weiss’ own motion in limine, not to mention how Leo Wise had been badly duped by Alexander Smirnov and instead of dropping the case, continued to give Russia what it intended all along, a political hit job on Joe Biden during the 2024 election, Hunter asked David Weiss’ team if they would likewise agree not to make this a trial about influence-peddling.

Weiss refused.

Defendant Robert Hunter Biden, by and through his counsel of record, hereby files this Motion in Limine to exclude from trial reference to any allegation that Mr. Biden (1) acted on behalf of a foreign principal to influence U.S. policy and public opinion, (2) violated FARA, (3) improperly coordinated with the Obama Administration, (4) received direct compensation from any foreign state, (5) received compensation for actions taken by his father that impacted national or international politics, or (6) funneled money to his father or any related alleged corruption (together, allegations of “improper political influence and/or corruption”). This evidence should clearly be excluded under the Federal Rules of Evidence 403 balancing test, as the risk of unfair prejudice is significantly outweighed by any marginal probative value. On May 17, 2024, Mr. Biden’s counsel asked for the Special Counsel’s position on this proposed motion in limine. On May 20, 2024, the Special Counsel indicated that he opposes this motion.

[snip]

Although the Special Counsel’s filed exhibit list (DE 88) contains upwards of forty descriptions that are totally insufficient to identify what document is being referred to (see, e.g., “Text Messages” (#073), “Notes” (#318)), it is clear that many exhibits the Special Counsel intends to introduce relate to allegations of improper political influence and/or corruption that are wholly outside of the scope of the Indictment. See, e.g., “Email from Eric Schwerin to Antony Blinken re: My Remarks In Latvia” (GX-267), “Email from Eric Schwerin to Sally Painter re: Amos Hochstein” (GX-262). Allowing in evidence or testimony related to the unsubstantiated claims of improper political influence and/or corruption run a real risk of the jury convicting Mr. Biden based on facts and allegations outside of the Indictment.

Defense counsel notes that it is ironic that the Special Counsel has filed a motion in limine to exclude evidence “alleging the prosecution of the defendant is somehow due to or part of a Russian malign election influence campaign,” which Mr. Biden did not object to. (DE 92 at 4.) Yet, the Special Counsel opposes the instant motion, which would preclude him from putting forward similar politically charged information to the jury. To prevent this trial from becoming a trial on politics rather than a trial on the charges in the Indictment, this Court should grant both the Special Counsel’s motion as it relates to a “Russian malign election influence campaign” and this Motion.

Having investigated for six years, David Weiss never substantiated a FARA case. But (as the exhibit list makes clear) he wants to drag that into what he claims is a straightforward tax case anyway.

The scope of Leo Wise’s aspirations to use the tax case as a vehicle to air James Comer’s fevered fantasies is made clear by something else Wise revealed in that same filing: The reason giving Hunter Biden more than a week between trials would harm the government is because they plan to make more than thirty people from around the country fly to California to testify against Joe Biden’s kid.

The defendant is not seeking a modest delay of a few days to obtain a piece of evidence or to procure a witness. He seeks a 77-day delay in a case the government has extensively prepared for following a detailed and lengthy investigation. This will inconvenience the United States. For instance, the government anticipates calling more than thirty witnesses, most of them out-of-state. See Declaration of Leo J. Wise, at ¶4 . Trial subpoenas began being sent to these witnesses over a month ago. Id. Many of these individuals are represented; the witnesses and their counsel have planned their summer schedules to account for this trial commencing in June and concluding in July.

You don’t need to call 30 witnesses to present your tax case against Hunter Biden!!

The key witnesses will be Hunter’s ex-wife, Katie Dodge, no more than eight people Hunter paid out of Owasco funds and then wrote off (including, it seems, Hallie Biden, whose testimony Weiss is compelling), maybe a sex worker or two to titillate Matt Gaetz (Weiss has similarly refused to exclude the sex workers), the accountant who filed Hunter Biden’s taxes in 2020, former Hunter business partners Rob Walker and Eric Schwerin, and some law enforcement witnesses to present all the paperwork. That’s around 16 witnesses.

If Weiss really does call over 30 witnesses, it will make this “straightforward tax case” into the largest Special Counsel trial in recent years (as laid out by the list below).

The sheer overkill of Leo Wise’s aspirations is clear when you compare Hunter’s case — for a failure to pay taxes from income that all came through the US — to Paul Manafort’s EDVA trial. Like the Hunter Biden case, that was a tax case, one for which tax evasion was charged for five years, not one, and one for which the scope of income was at least an order of magnitude larger. Because Manafort’s tax evasion involved keeping his Ukraine income offshore in Cyprus, that case also included charges of FBAR violations. It also included nine counts of bank fraud. So tax evasion, plus hiding his funds overseas, plus trying to cheat some banks in the US. Prosecutors called a bunch of local Alexandria vendors, because one way Manafort shielded his income was by wiring money directly to US vendors to pay for things like Ostrich-skin vests.

And for all that, at this stage of the proceedings, prosecutors estimated they would call 20 to 25 witnesses; they ultimately called 27.

Leo Wise wants to do something more spectacular than the Paul Manafort case — and given his close ties to Rod Rosenstein, I wouldn’t rule out the grandiosity of his aspirations as some kind of payback. Of course, there’s a straight through-line between the Manafort case and the Russian-backed effort to fuck over Joe Biden, so Leo Wise is giving Russia precisely what they wanted.

Leo Wise was sure he was smarter than Lesley Wolf and so chased the Alexander Smirnov allegation only to discover he was participating in an attempt to frame Joe Biden. Having been duped there, Leo Wise now refuses to back down. He will stage the most spectacular Special Counsel trial yet!

Update: My apologies to Judge Scarsi. He has apparently granted the continuance to September 5.

Other Special Counsel prosecutions

Scooter Libby: 10 Government Witnesses (plus three CIA briefers not called)

Roger Stone: 5 Government Witnesses (plus Andrew Miller, Michael Caputo, and Jerome Corsi, not called)

Michael Sussmann: 25 Government Witnesses (about 5 not called)

Igor Danchenko: 6 Government Witnesses