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The Many Gaps and Inconsistencies in Natalia Veselnitskaya’s Story, Starting with Ike

In this post, I laid out the latest attempt from one-time Trump and current Aras Agalarov lawyer Scott Balber to craft an unincriminating story for the June 9 Trump Tower meeting. In general, Balber has gone to great lengths to provide innocent explanations for digital tracks suggesting the meeting was incriminating, and especially to deny that Agalarov — who orchestrated the meeting — had any direction from Putin.

In this post, I’m going to look at what Natalia Veselnitskaya (who, as I’ve noted, met with Balber sometime before October, which is where the documents she admits to first got introduced to the public) wrote in her statement to Chuck Grassley back in November, because she makes some really interesting dodges.

To start with, Veselnitskaya defines certain things so as to be able to deny certain relationships.

First, she distinguishes between Glenn Simpson and Fusion, admitting to a relationship with the former but not the latter.

I did not work with Fusion GPS, I know Glenn R. Simpson, whom since 2014 I have viewed as an individual investigator-analyst, a former investigative journalist with a long record of service and experience gained by a team of lawyers for point tasks that arose in connection with the preparation for trials, interrogations under case 13-civ-06326 the United States of America v. Prevezon Holdings Ltd. et al., initiated by Browder through the US Attorney’s Office with reference to my client. In my perception, it was Glenn R. Simpson who worked on the Prevezon Case, as to in what capacity – either as an individual or as a company – it was of no interest to me. I do not have any documents as to Fusion GPS.

[snip]

Glenn Simpson was hired by lawyers from Baker Hostetler, as well as other people who worked on the case. Some of them I have never even met. I used to receive reports from Glenn Simpson – CC-ed on all the lawyers working on the case.

[snip]

I didn’t work with Fusion GPS. In my study, analysis and documents I partly used the information obtained in December 2014 from Glenn Simpson within the scope of his services on legal research of Browder’s corporate relations, and his links to the United States, to serve a subpoena on him.

Importantly, she denies a claim made by Fox to have met with Simpson before and after the June 9 meeting.

So, on June 8, in the evening, I arrived in New York. On June 9, I attended the second district court hearing on Browder’s complaint and worked on some other issues. On June 10, I went to Washington to coordinate our position with our key lawyer in Washington.

[snip]

No, there had been no contacts with him on specified dates. Last week Fox News 38 referring to a confidential source reported that I met with Glenn Simpson before and after the meeting with Trump’s son, and that “but hours before the Trump Tower meeting on June 9, 2016, Fusion co-founder and ex-Wall Street Journal reporter Glenn Simpson was with Veselnitskaya in a Manhattan federal courtroom, in a hearing on the DOJ’s claim against Prevezon Holdings, a Cyprus company owned by a Russian businessman Denis Katsyv.” This statement does not reflect the reality.

[snip]

I met Glenn Simpson on the as-needed basis, as well as whenever he came to the office to see the lawyers.

The distinction may have the primary function of divorcing her relationship with (and the presence at the meeting of) Rinat Akhmetshin from Fusion and the Christopher Steele dossier. She claims that Akhmetshin’s presence at the meeting was tied to his role in an anti-Magnitsky NGO, with no involvement of Prevezon attorneys Baker Hostetler.

If the question is how he was introduced at the meeting on June 9, then as a consultant of the Human Rights Fund for relations with Congress.

This seems inconsistent with her reference to his having an NDA with her — who is the NDA with?

Most incredibly, Veselnitskaya distinguishes between meeting with Don Jr — a friend of a friend, she explains it as — and the Trump campaign.

Meeting on June 9, 2016, was not a “meeting with the Trump campaign”. My understanding is, this was to have been a private meeting with Donald Trump, Jr., – a friend of my good acquaintance’s son on the matter of assisting me or my colleagues in informing the Congress members as to the criminal nature of manipulation and interference with the legislative activities of the US Congress.

[snip]

No [she did not have advance knowledge of the other attendees], except for those people who had come with me and the person I was going to (Trump, Jr.), I did not have the slightest idea that someone else would be present at the meeting.

[snip]

No. I did not meet with the “Trump campaign”. At the meeting with Donald Trump, Jr. I had a reference in my own handwriting (see Exhibit 1.1), which I was ready to leave to Mr. Trump, Jr., should he need it. But to offer or provide this information was pointless, because as I understood during the meeting, Mr. Trump, Jr. was not at all aware of my request and could not help me at all.

Having done that, Veselnitskaya is in a position to deny knowing certain things: any involvement in tampering with the election and any tie to the Fusion dossier.

The additions she makes to three responses reinforce this focus. First, when asked whether she has any information on the Russian influence operation, to which she says, “Nor do I know anyone who would be in possession of such documents or knew about something like that.” She also doesn’t know who in the Russian government would know of her involvement. “Not that I know about. If so, who? Why were they briefed? What was their role?” And whether she knows Christopher Steele, to which she responds, “I do not know Christopher Steele. I first heard of him from US media.”

With that frame, here’s how Veselnitskaya explains the genesis of her meeting.

I had never asked anyone for a meeting with the Trump team.

Nor did I ask to organize namely a meeting with Donald Trump, Jr., it was enough for me to hand over a reference outlining the request (see Exhibit 1.1). Around the end of May 2016, during a conversation with a good acquaintance of mine, being my client, Aras Agalarov on a topic that was not related to the United States, I shared the story faced when defending another client, Denis Katsyv, about how terribly misled the US Congress had been by the tax defrauder William Browder, convicted in Russia, who, through his lobbyists and his close-minded rank-and-file Congress staffers, succeeded in adopting the Act in the name of a person whom Browder practically hardly ever knew.

I considered it my duty to inform the Congress people about it and asked Mr. Agalarov if there was any possibility of helping me or my colleagues to do this. I do not remember who of us was struck by the idea that maybe his son could talk about this with Donald Trump, Jr., who, although a businessman, was sure to have some acquaintances among Congress people. After my conversation with Mr. Agalarov, I prepared a reference in case it would be necessary to hand over the request – to support the hearings in the Subcommittee in the US House Committee on Foreign Affairs as to the Magnitsky’s and Browder’s story, scheduled for mid-June. I was ready to hand over the reference, talk on the phone, or meet personally.

Note, later in her answers, she claims to guard client confidentiality closely, even beyond things covered by privilege. But here, she claims to have discussed Katsyv’s plight with Agalarov.

And even though Aras Agalarov was crucial to organizing this meeting, Veselnitskaya claims to have no knowledge of any other involvement he had (which is something Balber has been trying to reinforce throughout).

All I know is that Aras Agalarov asked his son Emin Agalarov to enquire if Donald Trump, Jr. could help with my request. I am not aware of any further actions of Emin.

In the passage above, note how she obscures whether the Magnitsky/Ziff document released publicly (a report Putin parroted on October 19) got written in advance for the meeting or to lobby Congress with. Curiously, in this day of digital creation, she claims she doesn’t know precisely what day she drafted it (even thought the publicly released copy is dated May 31 on the Russian version).

A note about the meeting that I prepared in Moscow on or about May 31, 2016 for its possible handover to any interested party

That claim is critical given that — in a previous Scott Balber installment — the preexistence of this document involved an exchange between Veselnitskaya and the Prosecutor General, Yuri Chaika, offered up to explain why Rob Goldstone told Don Jr she had a tie to the Crown Prosecutor. She denies he had any involvement in the meeting and in he descriptions of involvement with him doesn’t describe the report.

I have no relationship with Mr. Chaika, his representatives, and institutions, other than those related to my professional functions of a lawyer. As a lawyer of Denis Katsyv, since 2013 I have sent several appeals to the Russian Federation General Prosecutor’s Office requesting documents within my legal powers, and also filed applications to verify the information about Mr. Browder’s activities in Russia that resulted in the wrongful seizure of my client’s assets in the USA and Switzerland, received answers, analyzed them and addressed them anew, should I be refused answers or provision of documents – I appealed to the court.

That’s important because she can offer no explanation for the reference, in Rob Goldstone’s email to Don Jr, to the Crown Prosecutor.

I do not know what Mr. Goldstone was talking about. Given what I know, I can assume that Mr. Agalarov might tell him a little about me, mentioning that I had previously worked in the prosecutor’s office, and the information I wanted to tell in the US Congress had also been reported by me before to the General Prosecutor’s Office of Russia and it was confirmed there. Having compiled this, the musical producer (as I learnt more than a year later) could either confuse everything, or intentionally make everything look intriguing so that the meeting could take place.

Another timing detail, Veselnitskaya denies remembering when she learned the meeting for which she claims to have made handouts would be a meeting, though she claims it was after she arrived in the US.

I do not remember from whom and at what time I first heard that I could personally express my request (see Exhibit 1.1) during at the meeting.

[snip]

I do not remember the moment when I first heard that I could personally make my request during a meeting. Nor do I exactly remember who told me about it. But upon arrival in New York in the evening of June 8, 2016, in my e-mail box I found a letter from a certain Goldstone, who notified me of the time and place of the meeting with Donald Trump, Jr. In this correspondence Aras Agalarov’s colleague, Irakli Kaveladze, who had been living in the United States for a long time and to whom I left my mail for contacts, was mentioned in the copy.

[snip]

I do not remember discussing it with anyone before I found out that there would be a meeting. This was an alternative way of communicating the request and I did not insist on a meeting. The day I was told that I would be met by Trump, Jr. (everything that I was able to restore in my memory, confirmed by mail from Goldstone – this could take place when I was already in New York), I informed Denis Katsyv about this.

This description raises real questions about Ike Kaveladze. Here’s the email Veselnitskaya said she received when she landed; note that, as publicly released, the reference to Kaveladze has been hidden, though it may be what the reference to “both” is. Note, the shift of the meeting from 3 to 4 is also not included in the email chain; Goldstone learned the change needed to be made by 10:34AM on June 8.

The apparently obscured reference to Kaveladze is particularly interesting given how she describes inviting Samochernov to attend as her translator on the morning of the meeting.

On the day of the meeting – June 9, I asked my interpreter – Anatoly Samochernov, and my colleague who had previously worked on the Prevezon Case – Rinat Akhmetshin, who was also a registered lobbyist for the Human Rights Accountability Global Initiative Foundation (HRAGI), and dealt with issues on behalf of the Foundation in the US Congress, which I planned to talk about at the meeting with Donald Trump, Jr. Both are US citizens. I informed Goldstone about them on June 9, which is confirmed by my correspondence.

Akhmetshin was reportedly in NYC for a theater production, but she apparently learned he’d be in town by 9:24.

Rinat Akhmetshin, who arrived that day in New York for an evening performance of Russian theatre stars.

Her description of Kaveladze’s role (remember, he’s represented by Balber) is particularly curious, in that she admits he was ostensibly there to serve as translator, which was unneeded since she had brought her own.

[She and Kaveladze] got acquainted first by phone when I was in Moscow. I met him personally first on June 9 shortly before the meeting.

[snip]

We had a phone call and met at a café, I do not remember where and at what café. I told him briefly what I knew about the Browder case, about the Ziffs and their possible support when lobbying his interests in the United States.

[snip]

I can suppose, he attended the meeting as a translator, however, as I was with a translator he was just sitting and listening.

The curious silences about Kaveladze are all the more interesting given that, unlike Veselnitskaya, he knew that Manafort and Kushner would be there and that dirt on Hillary would be dealt. And based on that description, he flew to NYC from LA.

Curiously, Veselnitskaya says neither Paul Manafort nor Jared Kushner were introduced at the meeting.

I came to the meeting with Anatoly Samochornov, a translator, Irakly Kaveladze, a lawyer of my client who helped to arrange for the meeting, Rinat Akhmetshin, my colleague who was working with me on the Prevezon case. We were met by a big, stout man who introduced himself as Rob and escorted us on the elevator to the boardroom. I saw two men in the boardroom – one of them introduced himself as Donald Trump Jr., while the other did not introduce himself. Another young man entered the boardroom a little later and left it shortly afterwards. I found out much later that the two unidentified gentlemen were P. Manafort and J. Kushner.

Laying all this out, it’s not so much that it doesn’t make sense (though there are clear gaps).

It’s that even with all of Scott Balber’s efforts, there’s still no explanation for why Kaveladze attended this meeting. Given Balber’s significant efforts to minimize Agalarov’s role in the meeting — and his denials that Agalarov might have ties directly to Putin — I find the failure to explain that notable.

“I Hate the Word Guilty” Says the Self-Described “Conduit” between the Agalarovs and Trump

As you read Rob Goldstone’s efforts to telegraph what his potential testimony to Robert Mueller will be, keep the lesson of this post in mind: there is evidence that one-time Trump attorney and current Agalarov attorney Scott Balber has, on three occasions, attempted to orchestrate a cover story for the June 9 meeting that Goldstone set up. Those three are:

  1. A meeting between Rinat Akhmetshin and Ike Kaveladze (the latter of whom Balber represents as an employee of Agalarov) in Moscow in June 2017, just as Jared Kushner and Paul Manafort were both belatedly disclosing the meeting to various authorities; this story appears to have been an attempt to pre-empt the damage that would be done when Akhmetshin’s involvement became public
  2. A Balber trip sometime before October to Russia to coordinate a story with and get documents from Natalia Veselnitskaya to back her version of the talking points she reportedly shared with Trump’s people
  3. Another October story, this “revealing” that Veselnitskaya’s research came from (or actually was shared with) Russian prosecutor Yuri Chaika, but insisting (per Balber) that Agalarov had no ties with the prosecutor

In fact, it has been recently confirmed that Veselnitskaya’s research was originally done by Fusion GPS, the same firm that was doing oppo research for Clinton and would almost simultaneously with the June 9 meeting hire Christopher Steele to dig up dirt on Trump.

With that in mind, consider what Goldstone is now saying in advance of a reported trip to the US to voluntarily meet with Mueller.

First, Goldstone conflates interviewing with Mueller and the Senate Intelligence Committee with making his story public. But of course, this interview is what will make his story public (SSCI has gotten cranky of late when people release their testimony publicly before interviewing with the committee, so I guess this interview will substitute).

Although no date has yet been set, he has accepted invitations — unlike some others involved, he has not received a subpoena — to meet the team investigating the alleged Trump links with Russia, headed by Robert Mueller, the special counsel, as well as Senate investigative committees in Washington.

“I’m keen to talk to them and put my recollection of events in the public record,” Goldstone says. So why is he choosing to do this interview now? “After the story initially broke, it seemed to quieten down for a while. But now it’s back in the news with such force, I feel it’s time for me to explain what happened.”

That’s really not much of an explanation for why he’s talking now, suggesting it has everything to do with this planned testimony.

The dual US-British citizen claims both that he was distracted from the proceedings of the Trump Tower meeting because of a concern he’d get stuck in Lincoln Tunnel traffic on his way home, but also that his months-long absence from the US is just about wandering Asia rather than hiding out from these events.

He had not even planned to attend, but was encouraged to stay by Trump Jr. His biggest concern, he says, was that if the meeting dragged on, he would be caught in the notorious Lincoln Tunnel traffic on his journey home.

[snip]

We meet not in Manhattan, however, but in southeast Asia, where he has been travelling in recent months. One of his conditions of meeting me is that I do not disclose the precise whereabouts, because he does not want to be besieged by media, as he was when the controversy erupted in July.

“There are people saying that I’ve run away or I’m some sort of fugitive,” he tells me. “But the simple thing is that I decided to keep quiet, and the best way to do that was to go off the radar and disappear for a while. But I want to share what I know.”

[snip]

He knows his travels will be met with renewed suspicion that he went on the run to hide what he really knows. But there is no evasion, he insists.

When Goldstone claimed the trip was all coincidental I guess he didn’t yet know that the AP would have already published news of the advance coordination of Rinat Akhmetshin and Ike Kaveladze’s stories, the kind of advanced planning that might also explain this trip.

Goldstone explains that, several months before the scandal broke, he told friends — and The Sunday Times has separately confirmed this with them — that he was putting his business on hold and renting out his US apartment to travel the world, including a lengthy stay in Asia. The purpose, he told them, was to have the “gap year” that he never took after leaving school at 16 to start work as a reporter in Manchester.

And he denies any worry that Russian intelligence will knock him off to keep him silent.

“First of all, if Russian intelligence had used me in some way, as people perceive, but which I don’t believe, then they’ll know I don’t know anything. If Russian intelligence hasn’t used me, but are intelligent, they will equally know I don’t know anything and this is all nonsense.”

In spite of emphasizing how little he knows, Goldstone describes himself as the “conduit” — on matters that include business deals in Russia!!! — between the Agalarovs and Trump, but then pretends to be squeamish about a little politics.

“So when people ask why some music publicist was involved in all this, well, I was always the conduit, the Mr Go-To, between the Agalarovs and the Trumps,” Goldstone says.

[snip]

“I remember specifically saying to Emin, you know, we probably shouldn’t get involved in this. It’s politics, it’s Hillary Clinton and Donald Trump. Neither of us have any experience in this world. It’s not our forte. I deal with music. You’re a singer and a businessman.”

However, Emin was insistent that Goldstone contact the Trumps. “His mantra was always ‘Rob can do it’. All I had to do was facilitate a meeting, he said, after which I walk away from it and whatever comes of it, thank you very much.

[snip]

“I can apologise in some way for having sent the email in the first place. It went against everything my gut instinct was telling me.”

Yet, he couples that claimed squeamishness about politics and gut instinct — and his claim he warned Emin they should stay out of it — with the claim that had this been offered months later, as the Russian scandal broke out, he’d be … squeamish about the politics involved.

It never crossed his mind, he adds, that there would be any fallout about election rules or foreign influence.

“I didn’t understand anything about that, nothing at all. This meeting happened months before Russia became the hot topic. If this had happened later, sure, I would’ve been aware because it’s all people were talking about — Russia, and Russian interference. Hindsight is great, but it just wasn’t being talked about at the time.”

This makes no sense: either he recognized it was wrong and told Emin they shouldn’t do it or he only recognized it was wrong long after the fact. It can’t be both.

Which brings us to his telegraphed description of his email and the meeting it set up. Goldstone describes being “guilty” only of puffing up the language around the meeting, not of facilitating election tampering that he admits may have otherwise occurred.

“If I’m guilty of anything, and I hate the word guilty, it’s hyping the message and going the extra mile for my clients. Using hot-button language to puff up the information I had been given. I didn’t make up the details, I just made them sound more interesting.”

[snip]

So was he part of a Russian plot to influence the election? Goldstone rolls his eyes. “When people said that, I thought it was the most ridiculous thing I’ve ever heard. That doesn’t mean that maybe there wasn’t any Russian interference or Trump campaign collusion in other ways. I don’t know. But I’m sure I wasn’t part of it.”

And he claims that he thought Veselnitskaya — not Chaika — was the “crown prosecutor” he mentioned in the email he sent Don Jr.

Much has also been made of how Goldstone said Aras Agalarov had met Russia’s “crown prosecutor”. Given that Russia has not had a crown since the 1917 revolution, there was a widespread presumption that Goldstone was referring to Vladimir Putin’s prosecutor general, Yuri Chaika. It has since been reported that the lawyer Veselnitskaya met Chaika in Moscow in the run-up to her trip to New York, sharing with him the talking points that she delivered at Trump Tower. But Goldstone insists Veselnitskaya was the one described to him by Emin as a “well-connected prosecutor” and that in his haste, he had said “crown prosecutor” as that was a British term he used to use as a young reporter.

Here’s Goldstone’s email, which describes something far more sensitive than he’s now describing.

Emin just called and asked me to contact you with something very interesting.

The Crown prosecutor of Russia met with his father Aras this morning and in their meeting offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father.

This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump – helped along by Aras and Emin.

What do you think is the best way to handle this information and would you be able to speak to Emin about it directly?

I can also send this info to your father via Rhona, but it is ultra sensitive so wanted to send to you first.

Best

Rob Goldstone

Hmm. Folks seem awfully anxious about lining up their stories with the known documentation of this meeting. Yet even with Balber flying all over the world (has he perhaps been to Thailand to visit Goldstone, who after all is just another Agalarov employee, of sorts?) the stories don’t seem to be cohering.

Which may be why Goldstone provides an alternative version to Veselnitskaya’s recent claim that Paul Manafort appeared to be asleep in the meeting, claiming that he was distracted by his messages.

Goldstone described Kushner as “furious” and said that Manafort did not seem to look up from checking his messages.

Funny how people on two continents want to claim that Manafort wasn’t playing close attention.

Remember: there are at least four documents these players are trying to account for, even assuming the communications between people in Russia weren’t picked up:

  • Goldstone’s emails with Don Jr
  • The talking points Veselnitskaya claims to have shared at the meeting (but which Akhmetshin claims he only saw the Russian version of)
  • Paul Manafort’s own notes from the meeting
  • Text messages between Rinat Akhmetshin and Ike Kaveladze before their cover-up meeting

And for some reason, Goldstone needs to claim he believed the prosecutor in question was Veselnitskaya and not Chaika, which is what the others claim.

Did Akhmetshin and Kaveladze Coordinate Before or After Jared Disclosed the June 9 Meeting

Following Dianne Feinstein’s release of a letter revealing the things Jared Kushner didn’t turn over to the Senate Judiciary Committee, the press has honed in on the things Kushner failed to disclose or lied about. Most interesting is an email chain involving a back channel meeting sought by mobbed up Russian, Aleksander Torshin. While that particular meeting didn’t happen, Don Jr did sit next to Torshin at the NRA convention held in Mitch McConnell’s home town, Louisville (he took the picture above).

An email chain described Aleksander Torshin, a former senator and deputy head of Russia’s central bank who is close to Russian President Vladimir Putin, as wanting Trump to attend an event on the sidelines of a National Rifle Association convention in Louisville, Kentucky, in May 2016, the sources said. The email also suggests Torshin was seeking to meet with a high-level Trump campaign official during the convention, and that he may have had a message for Trump from Putin, the sources said.

Kushner rebuffed the request after receiving a lengthy email exchange about it between a West Virginia man and Trump campaign aide Rick Dearborn, the sources said.

[snip]

While Kushner told Dearborn and other campaign officials on the email not to accept Torshin’s offer, Torshin was seated with the candidate’s son, Donald Trump Jr., during a private dinner on the sidelines of an NRA event during the convention in Louisville, according to an account Torshin gave to Bloomberg. Congressional investigators have no clear explanation for how that came to be, according to sources familiar with the matter.

But I’m at least as interested in an AP story that may relate to other Kushner disclosures to Congress. It reports that in June of this year, two participants in the June 9, 2016 Trump Tower meeting, Rinat Akhmetshin and Ike Kaveladze met in Moscow.

Akhmetshin told congressional investigators that he asked for the Moscow meeting with Kaveladze to argue that they should go public with the details of the Trump Tower meeting before they were caught up in a media maelstrom. Akhmetshin also told the investigators that Kaveladze said people in Trump’s orbit were asking about Akhmetshin’s background, the person said.

Akhmetshin’s lawyer, Michael Tremonte, declined to comment.

Scott Balber, a lawyer for Kaveladze, confirmed that his client and Akhmetshin met over coffee and that the Trump Tower meeting a year earlier was “obviously discussed.”

Investigators wonder whether they met to orchestrate a limited hangout before the meeting otherwise came out.

Balber denied his client had been contacted by associates of Trump before he took the meeting with Akhmetshin, or had been aware of plans to disclose the Trump Tower gathering to the U.S. government.

Balber said the men did not discuss strategy or how to line up their stories, and did not meet in anticipation of the Trump Tower meeting becoming public and attracting a barrage of news media attention.

He said Akhmetshin did convey during coffee the possibility that his name could come out in connection with the Trump Tower meeting and cause additional, unwanted scrutiny given that he had been linked in earlier news reports to Russian military intelligence, coverage that Akhmetshin considered unfair. Akhmetshin has denied ongoing ties with Russian intelligence, but acknowledged that he served in the Soviet military in the late 1980s as part of a counterintelligence unit.

“That was the impetus,” Balber said of the men’s get-together. “It had absolutely nothing to do with anticipation of the meeting coming out in the press.”

There are three things the AP story doesn’t mention, however.

Previously, the leak of the June 9 meeting had been tied to document submission — by Jared Kushner and Paul Manafort — to Congress.

The Trump Tower meeting was not disclosed to government officials until recently, when Mr. Kushner, who is also a senior White House aide, filed a revised version of a form required to obtain a security clearance.

[snip]

Mr. Manafort, the former campaign chairman, also recently disclosed the meeting, and Donald Trump Jr.’s role in organizing it, to congressional investigators who had questions about his foreign contacts, according to people familiar with the events.

That might explain why investigators would suspect the meeting was designed to arrange testimony: because it roughly coincided with the admission to the meeting by Kushner and Manafort.

The AP also doesn’t note that Scott Balber, Kaveladze’s (and the Agalarov’s) lawyer, represented Trump in a lawsuit in 2013 (the same year that Agalarov brought Trump’s Miss Universe contest to Moscow).

Nor does it mention that Balber has orchestrated at least two other stories about this meeting: First, an October blitz performing a limited hangout of the emails and oppo research that Natalia Veselnitskaya purportedly brought to the meeting (which, as I noted should have focused on Balber’s role in massaging Veselnitskaya’s story).

But here’s the bigger question. Why would an American lawyer who has previously represented Trump need to fly to Russia to meet with Veselnitskaya personally? This email chain and the talking points could very easily be sent — but weren’t. So why did Balber need to solidify stories with Veselnitskaya in person? And what is the provenance of the emails as presented, stripped of any forensic information?

So while it’s clear Trump’s former lawyer wants to change the spin around this story, it seems to me the takeaway should be,

BREAKING: LAWYER WITH PAST TIES TO TRUMP FLEW TO RUSSIA TO COORDINATE STORIES WITH NATALIA VESELNITSKAYA

And, more recently, performing a new limited hangout, suggesting Veselitskaya got her oppo research from Russia’s prosecutor Yuri Chaika.

 Stories that note Veselnitskaya crafted the talking points on Browder and Ziff, which were then picked up by Russia’s prosecutor general Yuri Chaika, are used to suggest that that means Veselnitskaya got the talking points she wrote from Chaika. In conjunction, several iterations of the talking points are released (but not the ones she originally wrote). Also, Balber again weighs in to distance Agalarov.

Donald Trump Jr. has dismissed Mr. Goldstone’s emails as “goosed-up.” Mr. Balber blamed miscommunication among those arranging the meeting. “Mr. Agalarov unequivocally, absolutely, never spoke to Mr. Chaika or his office about these issues,” he said.

So orchestrating a meeting between Rinat Akhmetshin and Ike Kaveladze would make three attempts, on sometime Trump and current Agalarov lawyer Scott Balber’s part, to craft a story about the June 9 meeting.

There are other reasons I know of to suspect that Balber’s story is total crap, but they’ll have to wait.

One more data point.

Remember that in his telegraphed testimony, Don Jr claimed he couldn’t recall the presence of Akhmetshin.

I’m more interesting in the things the forgetful 39 year old could not recall. While his phone records show he spoke to Emin Agalarov, the rock star son of Aras Agalarov, who has been dangling real estate deals in Russia for the Trumps for some time, for example, he doesn’t recall what was discussed.

Three days later, on June 6th, Rob contacted me again about scheduling a time for a call with Emin. My phone records show three very short phone calls between Emin and me between June 6th and 7th. I do not recall speaking to Emin. It is possible that we left each other voice mail messages. I simply do not remember.

This is important, because those conversations probably explained precisely what was going to happen at that meeting (and how it might benefit real estate developer Aras Agalarov), but Jr simply can’t recall even having a conversation (or how long those conversations were).

He also doesn’t recall whether he discussed the meeting, after the fact, with Jared, Manafort, or (the unspoken “anyone else” here is pregnant) Pops.

The meeting lasted 20-30 minutes and Rob, Emin and I never discussed the meeting again. I do not recall ever discussing it with Jared, Paul or anyone else. In short, I gave it no further thought

Once we find out he did discuss it with Pops and others, he can say he’s stupid and we’ll all believe him.

Most interesting, to me, is his claim to only recall seven participants in the meeting.

As I recall, at or around 4 pm, Rob Goldstone came up to our offices and entered our conference room with a lawyer who I now know to be Natalia Veselnitskaya. Joining them was a translator and a man who was introduced to me as Irakli Kaveladze. After a few minutes, Jared and Paul joined. While numerous press outlets have reported that there were a total of eight people present at the meeting, I only recall seven. Because Rob was able to bring the entire group up by only giving his name to the security guard in the lobby, I had no advance warning regarding who or how many people would be attending. There is no attendance log to refer back to and I did not take notes.

The unstated subtext here is even more pregnant. Don Jr accounts for seven of the participants in this meeting:

(3) Himself, Paul Manafort, Jared Kusher

(4) Natalia Veselnitskaya, her translator, the Agalarov’s real estate invstment executive Irakli Kaveladze, and Rob Goldstone

So what he really means to say is he doesn’t recall the presence of Rinat Akhmetshin, who has ties to Russian intelligence and a history of fending off accusations of hacking.

Finally, remember that Veselnitskaya was in touch with Agalarov in advance of the meeting, at the same time that Trump Jr was having phone calls — the substance of which he simply can’t remember — with the younger Agalarov.

Me, 11 days ago.

THIS FEELS LIKE A LIMITED HANGOUT

All of which is to say that the efforts of the last month feel like a limited hangout — an attempt to avoid potentially more damaging revelations with new admissions about Magnitsky. That’s not to say the Magnitsky discussion didn’t happen. It’s to say the potential admissions — down to Veselnitskaya’s claim that, “I definitely don’t have!” information on Russian hacking and interference — have gotten far more damaging since when, in July, she claimed the election didn’t come up.

At the very least, it seems the players — particularly the Trump sponsor Agalarovs  are concerned about what Rob Goldstone has had to say to whatever investigative body — and are now trying to cement a different more damning one, yet one that still stops short of what they might admit to.

In either case, another thing seems clear: Veselnitskaya attempted to come to the country, using the same method she did when she actually used her presence to pitch Don Jr. After that meeting was denied, Trump went from suggesting he might meet with Putin to confirming that he plans to.

Earlier today, NBC reported that Rob Goldstone is preparing to come to the US (bizarrely showing willingness to come here rather than remain in Thailand where extraditions are possible but challenging) to meet with Mueller’s team.

From all this, I suspect that Jared’s delayed disclosures may hide other, far more damning ones.

Dot Connecting about Failure to Connect the Dots: Trump Tower Edition

I’d like to throw two dots out there. Well, maybe four.

First, this curious language in the House Judiciary Committee 702 bill, mandating that any FBI back door search of 702 data ensure it includes all data in its holdings.

(F) SIMULTANEOUS QUERY OF FBI DATABASES.—Except as otherwise provided by law or applicable minimization procedures, the Director of the Federal Bureau of Investigation shall ensure that all available investigative or intelligence databases of the Federal Bureau of Investigation are simultaneously queried when the Bureau properly uses an information system of the Bureau to determine whether information exists in such a database.

Here’s what it had been.

(E) SIMULTANEOUS ACCESS OF FBI DATABASES.—The Director of the Federal Bureau of Investigation shall ensure that all available investigative or intelligence databases of the Federal Bureau of Investigation are simultaneously accessed when the Bureau properly uses an information system of the Bureau to determine whether information exists in such a database. Regardless of any positive result that may be returned pursuant to such access, the requirements of this subsection shall apply.

In his commentary on the new language, Charlie Savage suggested the first change pertained to rules in the EO 12333 sharing language prohibiting the search for criminal purposes. I’m as interested by the second change: the language that originally said even if you got a positive hit from one source, you still had to make sure you pulled up the same positive hit via all databases. Requiring that FBI pull up all incidences of a piece of intelligence anytime they do a search would have several functions: ensure they found data that would be easier to parallel construct, because it was collected under Title III or didn’t have notice provisions, make sure an Agent understand the context from which the intelligence was collected, and ensure any associated analysis got seen along with the intelligence.

In my opinion this suggests there is at least once incidence when the FBI did a search and missed something.

My original thought was that the use of ad hoc databases removed certain information from the general search pool such that an important dot was missed. Ad hoc databases were formalized in 2013 to permit FBI to store raw 702 data in separate repositories; one reason among other redacted reasons to do so was to more easily manipulate the data, but the repositories might be as small as a single laptop.

The formalization of a requirement that all queries include all databases in the HJC would seem to require that ad hoc databases (at least those with unique data streams) be included in those searches. And that, it seems, would be formalized because some queries missed data.

But it also might be that an FBI Agent did a search and missed critical context that would have been obvious if he had gotten that hit in a different database.

Someone missed a dot.

Someone missed a dot sufficiently important to codify rules to avoid missing dots into law.

That dot could be on any subject pertaining to 702: terrorism, counterproliferation, hacking, or counterintelligence. That said, we certainly don’t have any counterterrorism dots — in the form of a foreign sponsored attack — that appear to be missed.

Now let’s look at another dot. Among the many Russia-related items the SSCI-passed intelligence authorization mandates for next year is an intelligence posture review — separate from the SSCI investigation going on right now — to examine (in part) whether the IC was collecting the right intelligence to identify and respond to the Russian tampering.

(b) Elements.—The review required by subsection (a) shall include, with respect to the posture and efforts described in paragraph (1) of such subsection, the following:

(1) An assessment of whether the resources of the intelligence community were properly aligned to detect and respond to the efforts described in subsection (a)(1).

(2) An assessment of the information sharing that occurred within elements of the intelligence community.

(3) An assessment of the information sharing that occurred between elements of the intelligence community.

Admittedly, this is what the IC does in the wake of every intelligence failure: figure out why they failed. But I’m interested in the focus on whether information was shared within and between intelligence agencies sufficiently.

That’s because the public reports of the Task Force investigating the operation in real time describe it as very compartmented — the kind of compartment that might require the use of an ad hoc database.

Brennan convened a secret task force at CIA headquarters composed of several dozen analysts and officers from the CIA, the NSA and the FBI.

The unit functioned as a sealed compartment, its work hidden from the rest of the intelligence community. Those brought in signed new non-disclosure agreements to be granted access to intelligence from all three participating agencies.

They worked exclusively for two groups of “customers,” officials said. The first was Obama and fewer than 14 senior officials in government. The second was a team of operations specialists at the CIA, NSA and FBI who took direction from the task force on where to aim their subsequent efforts to collect more intelligence on Russia.

Dot three.

None of this is definitive in any way.

But I raise it all because there is a dot that — dot four is stunning in retrospect — was missed: the June 9, 2016 meeting at Trump Tower. Rayne even noted it at the time it was reported. While I’m less sure than she is that Rinat Akhmetshin — a naturalized American — would be targeted under FISA, it seems likely that Natalia Veselnitskaya would be, or those in the background of those meetings.

A former Trump lawyer working for Aras Agalarov, Scott Balber, went to Moscow to obtain this partial email thread. It’s not a PRISM provider, but Veselnitskaya is a likely target whose emails could be obtained via upstream surveillance. And she was still in Russia — discussing the meeting with another likely target, Agalarov — days before the June 9 meeting.

Veselnitskaya has said she was interested in the Magnitsky Act issue on behalf of a private client. She was working closely in the United States with Akhmetshin, a Russian American lobbyist who has been accused of having ties to Russian intelligence. He has denied ties to the Russian government.

Veselnitskaya told Balber that she met with a series of well-connected Russians in early June 2016 to discuss her upcoming trip to the United States. One person with whom she met was Agalarov, for whom she had previously done legal work.

Veselnitskaya told Balber she did not seek a meeting with the Trump campaign but was “surprised and pleased” when Agalarov explained his business connection to the presidential candidate and offered to make a connection. Veselnitskaya told Agalarov that she had in October 2015 provided information intended to undermine the U.S. law to Yuri Chaika, the Russian prosecutor general, Balber said. Balber said he believes it is possible Veselnitskaya’s statement resulted in a misunderstanding about the prosecutor’s role.

Side note: this entire press blitz based on former Trump lawyer Balber’s months old meeting with Veselnitskaya reeks of an attempt to compare notes in advance of someone’s testimony. CNN reported today that several of the Russians involved in the meeting had been interviewed by SSCI, and Richard Burr all but confirmed Veselnitskaya had been included among those at a press conference earlier this month.

Mind you, it’s not clear either of these likely targets would be in FBI’s databases in real time, in part because they’re less likely 702 targets. But they’d likely be in NSA databases. Which means as things heated up, particularly around meeting attendee Paul Manafort — who, as an individualized FISA target, could automatically be backdoor searched at NSA, against far more extensive NSA collection — this might have come up (though it’s not clear Manafort got mentioned until and except for the Rob Goldstone-Don Jr email thread).

All of which is to say when this meeting came out in July, Robert Mueller reportedly had just learned of it. That’s true, in spite of the fact that one reported FISA target (Manafort) and at least one likely NSA target (Veselnitskaya) attended the meeting.

As we learn more and more about that meeting, it seems more remarkable that it got missed for over a year after it happened (and only disclosed in response to subpoenas, not back door searches).

If we’re going to codify back door searches, even of Americans, can we first learn how it was this meeting never came up in a back door search?

Don Jr Does Not Recall Not Recalling Rinat Akhmetshin at the June 9 Meeting

Don Jr had himself a “Half Hillary” today, upwards of five hours of testimony to the Senate Judiciary Committee, after which the low-stamina 39 year old called it quits.

Already, Senators Blumenthal and Coons suggest there were gaps or clear lies in his testimony. And apparently after the testimony, Robert Mueller alerted the White House he’ll seek testimony from the people who helped Pops Trump write a misleading statement about the meeting.

The reason for that is obvious: in his statement, Jr changed his story from what the original White House statement was, to offer an explanation for how the Pop-crafted statement makes sense. He knew the meeting pertained to dirt on Hillary, but ultimately it was just about adoption.

In his email to me Rob suggested that someone had “official documents and information that would incriminate Hillary [Clinton] and her dealings with Russia” and that the information would be “very useful” to the campaign. I was somewhat skeptical of his outreach, as I had only known Rob as Emin’s somewhat colorful music promoter who had worked with famous pop singers such as Michael Jackson. Since I had no additional information to validate what Rob was saying, I did not quite know what to make of his email. I had no way to gauge the reliability, credibility or accuracy of any of the things he was saying. As it later turned out, my skepticism was justified. The meeting provided no meaningful information and turned out not to be about what had been represented. The meeting was instead primarily focused on Russian adoptions, which is exactly what I said over a year later in my statement of July 8, 2017.

Of course, by crafting that nonsensical statement, Don Jr is making it clear a quid pro quo was discussed: Dirt, in exchange for movement on the Magnitsky sanctions.

I’m more interesting in the things the forgetful 39 year old could not recall. While his phone records show he spoke to Emin Agalarov, the rock star son of Aras Agalarov, who has been dangling real estate deals in Russia for the Trumps for some time, for example, he doesn’t recall what was discussed.

Three days later, on June 6th, Rob contacted me again about scheduling a time for a call with Emin. My phone records show three very short phone calls between Emin and me between June 6th and 7th. I do not recall speaking to Emin. It is possible that we left each other voice mail messages. I simply do not remember.

This is important, because those conversations probably explained precisely what was going to happen at that meeting (and how it might benefit real estate developer Aras Agalarov), but Jr simply can’t recall even having a conversation (or how long those conversations were).

He also doesn’t recall whether he discussed the meeting, after the fact, with Jared, Manafort, or (the unspoken “anyone else” here is pregnant) Pops.

The meeting lasted 20-30 minutes and Rob, Emin and I never discussed the meeting again. I do not recall ever discussing it with Jared, Paul or anyone else. In short, I gave it no further thought

Once we find out he did discuss it with Pops and others, he can say he’s stupid and we’ll all believe him.

Most interesting, to me, is his claim to only recall seven participants in the meeting.

As I recall, at or around 4 pm, Rob Goldstone came up to our offices and entered our conference room with a lawyer who I now know to be Natalia Veselnitskaya. Joining them was a translator and a man who was introduced to me as Irakli Kaveladze. After a few minutes, Jared and Paul joined. While numerous press outlets have reported that there were a total of eight people present at the meeting, I only recall seven. Because Rob was able to bring the entire group up by only giving his name to the security guard in the lobby, I had no advance warning regarding who or how many people would be attending. There is no attendance log to refer back to and I did not take notes.

The unstated subtext here is even more pregnant. Don Jr accounts for seven of the participants in this meeting:

(3) Himself, Paul Manafort, Jared Kusher

(4) Natalia Veselnitskaya, her translator, the Agalarov’s real estate invstment executive Irakli Kaveladze, and Rob Goldstone

So what he really means to say is he doesn’t recall the presence of Rinat Akhmetshin, who has ties to Russian intelligence and a history of fending off accusations of hacking.

I’d say those three gaps — what Agalarov told him to expect from the meeting in calls arranged beforehand, what he told Pop about the meeting, and that a suspected spook was there — are pretty interesting things for a young guy like Jr to forget.

John Sipher’s Garbage Post Arguing the Steele Dossier Isn’t Garbage

I generally find former CIA officer John Sipher’s work rigorous and interesting, if not always persuasive. Which is why I find the shoddiness of this post — arguing, just as Republicans in Congress and litigious Russians start to uncover information about the Christopher Steele dossier, that the dossier is not garbage  — so telling.

I don’t think the Steele dossier is garbage.

But neither do I think it supports the claim that it predicted a lot of information we’ve found since, something Sipher goes to great pains to argue. And there are far more problems with the dossier and its production than Sipher, who claims to be offering his wisdom about how to interpret raw intelligence, lets on. So the dossier isn’t garbage (though the story behind its production may well be). But Sipher’s post is. And given that it appears to be such a desperate — and frankly, unnecessary — attempt to reclaim the credibility of the dossier, it raises questions about why he feels the need.

Making and claiming accuracy for a narrative out of raw intelligence

Sipher’s project appears to be taking what he admits is raw intelligence and providing a narrative that he says we should continue to use to understand Trump’s Russian ties.

Close to the beginning of his piece, Sipher emphasizes that the dossier is not a finished intelligence report, but raw intelligence; he blames the media for not understanding the difference.

I spent almost thirty years producing what CIA calls “raw reporting” from human agents.  At heart, this is what Orbis did.  They were not producing finished analysis, but were passing on to a client distilled reporting that they had obtained in response to specific questions.  The difference is crucial, for it is the one that American journalists routinely fail to understand.

[snip]

Mr. Steele’s product is not a report delivered with a bow at the end of an investigation.  Instead, it is a series of contemporaneous raw reports that do not have the benefit of hindsight.

Sipher explains that you need analysts to make sense of these raw reports.

The onus for sorting out the veracity and for putting the reporting in context against other reporting – which may confirm or deny the new report – rests with the intelligence community’s professional analytic cadre.

He then steps into that role, an old clandestine services guy doing the work of the analysts. The result, he says, is a narrative he says we should still use — even in the wake of eight months of aggressive reporting since the dossier came out — in trying to understand what went on with the election.

As a result, they offer an overarching framework for what might have happened based on individuals on the Russian side who claimed to have insight into Moscow’s goals and operational tactics.  Until we have another more credible narrative, we should do all we can to examine closely and confirm or dispute the reports.

[snip]

Looking at new information through the framework outlined in the Steele document is not a bad place to start.

How to read a dossier

One thing Sipher aspires to do — something that would have been enormously helpful back in January — is explain how an intelligence professional converts those raw intelligence reports into a coherent report. He describes the first thing you do is source validation.

In the intelligence world, we always begin with source validation, focusing on what intelligence professionals call “the chain of acquisition.”  In this case we would look for detailed information on (in this order) Orbis, Steele, his means of collection (e.g., who was working for him in collecting information), his sources, their sub-sources (witting or unwitting), and the actual people, organizations and issues being reported on.

He goes to great lengths to explain how credible Steele is, noting even that he “was the President of the Cambridge Union at university.” I don’t dispute that Steele is, by all accounts, an accomplished intelligence pro.

But Sipher unwisely invests a great deal of weight into the fact that the FBI sought to work with Steele.

The fact that the FBI reportedly sought to work with him and to pay him to develop additional information on the sources suggest that at least some of them were worth taking seriously.  At the very least, the FBI will be able to validate the credibility of the sources, and therefore better judge the information.  As one recently retired senior intelligence officer with deep experience in espionage investigations quipped, “I assign more credence to the Steele report knowing that the FBI paid him for his research.  From my experience, there is nobody more miserly than the FBI.  If they were willing to pay Mr. Steele, they must have seen something of real value.”

This is flat-out dumb for two reasons. First, it is one of the things the GOP has used to discredit the dossier and prosecution — complaining (rightly) that the FBI was using a document designed as opposition research, possibly even to apply for a FISA warrant. If the FBI did that, I’m troubled by it.

More importantly, the actual facts about whether FBI did pay Steele are very much in dispute, with three different versions in the public record and Chuck Grassley claiming the FBI has been giving conflicting details about what happened (it’s likely that FBI paid Steele’s travel to the US but not for the dossier itself).

WaPo reported that Steele had reached a verbal agreement that the FBI would pay him to continue his investigation of Russia’s involvement with Trump after still unnamed Democrats stopped paying him after the election. CNN then reported that FBI actually had paid Steele for his expenses. Finally, NBC reported Steele backed out of the deal before it was finalized.

If the FBI planned to pay Steele, but got cold feet after Steele briefed David Corn for a piece that made explicit reference to the dossier, it suggests FBI may have decided the dossier was too clearly partisan for its continued use. In any case, citing a “recently retired senior intelligence officer” claiming the FBI did pay Steele should either be accompanied by a “BREAKING, confirming the detail no one else has been able to!” tag, or should include a caveat that the record doesn’t affirmatively support that claim.

After vouching for Steele (again, I don’t dispute Steele’s credentials), Sipher lays out the other things that need to happen to properly vet raw intelligence, which he claims we can’t do.

The biggest problem with confirming the details of the Steele “dossier” is obvious: we do not know his sources, other than via the short descriptions in the reports.  In CIA’s clandestine service, we spent by far the bulk of our work finding, recruiting and validating sources.  Before we would ever consider disseminating an intelligence report, we would move heaven and earth to understand the access, reliability, trustworthiness, motivation and dependability of our source.  We believe it is critical to validate the source before we can validate the reliability of the source’s information.  How does the source know about what he/she is reporting?  How did the source get the information?  Who are his/her sub-sources?  What do we know about the sub-sources?  Why is the source sharing the information?  Is the source a serious person who has taken appropriate measures to protect their efforts?

The thing is, we actually know answers to two of these questions. First, Steele’s sources shared the information (at least in part) because they were paid. [Update, 11/15: According to CNN, Glenn Simpson testified that Steele did not pay his sources. That somewhat conflicts with suggestions made by Mike Morell, who said Steele paid intermediaries who paid his sources, but Simpson’s testimony may simply be a cute legal parse.] That’s totally normal for spying, of course, but if Sipher aspires to explain to us how to assess the dossier, he needs to admit that money changes hands and that’s just the way things are done (again, that’s all the more important given that it’s one of the bases the GOP is using to discredit the report).

More importantly, Sipher should note that Steele worked one step removed — from London, rather than from Moscow — than an intelligence officer otherwise might. The reports may still be great, but that additional step introduces more uncertainty into the validation. It’s all the more important that Sipher address these two issues, because they’re the ones the GOP has been and will continue to use to discredit the dossier.

Ultimately, though, in his section on vetting the document, Sipher doesn’t deal with some key questions about the dossier. Way at the end of his piece, he questions whether we’re looking at the entire dossier.

We also don’t know if the 35 pages leaked by BuzzFeed is the entirety of the dossier.  I suspect not.

He doesn’t raise two other key questions about the provenance of the dossier we’ve been given, some of which I laid out when the dossier came out when I also noted that the numbering of the dossier by itself makes it clear it’s not the complete dossier. Importantly: is the copy of the dossier leaked to BuzzFeed an unaltered copy of what Steele delivered to Fusion, in spite of the weird textual artifacts in it? And how and why did the dossier get leaked to BuzzFeed, which Steele has told us was not one of the six outlets that he briefed on its contents.

Finally, Sipher includes the obligation to “openly acknowledge the gaps in understanding” outside of the section on vetting, which is telling given that he notes only a few of the obvious gaps in this dossier.

Sipher claims the dossier predicted what wasn’t known

So there are a lot of aspects of vetting Sipher doesn’t do, whether or not he has the ability to. But having done the vetting of checking Steele’s college extracurricular record, he declares the dossier has proven to be “stunningly accurate.”

Did any of the activities reported happen as predicted?

To a large extent, yes.

The most obvious occurrence that could not have been known to Orbis in June 2016, but shines bright in retrospect is the fact that Russia undertook a coordinated and massive effort to disrupt the 2016 U.S. election to help Donald Trump, as the U.S. intelligence community itself later concluded.  Well before any public knowledge of these events, the Orbis report identified multiple elements of the Russian operation including a cyber campaign, leaked documents related to Hillary Clinton, and meetings with Paul Manafort and other Trump affiliates to discuss the receipt of stolen documents.  Mr. Steele could not have known that the Russians stole information on Hillary Clinton, or that they were considering means to weaponize them in the U.S. election, all of which turned out to be stunningly accurate.

Now as I said above, I don’t believe the dossier is junk. But this defense of the dossier, specifically as formulated here, is junk. Central to Sipher’s proof that Steele’s dossier bears out are these claims:

  • Russia undertook a coordinated and massive effort to disrupt the 2016 U.S. election to help Donald Trump
  • The Orbis report identified multiple elements of the Russian operation including
    • A cyber campaign
    • Leaked documents related to Hillary Clinton
    • Meetings with Paul Manafort and other Trump affiliates to discuss the receipt of stolen documents

As I’ll show, these claims are, with limited exceptions, not actually what the dossier shows. Far later into the dossier, the reason Sipher frames it this way is clear. He’s taking validation from recent details about the June 9, 2016 meeting.

Of course, to determine if collusion occurred as alleged in the dossier, we would have to know if the Trump campaign continued to meet with Russian representatives subsequent to the June meeting.

The Steele dossier was way behind contemporary reporting on the hack-and-leak campaign

I consider the dossier strongest in its reports on early ties between Trump associates and Russians, as I’ll lay out below. But one area where it is — I believe this is the technical term — a shit-show is the section claiming the report predicted Russia’s hacking campaign.

Here’s how Sipher substantiates that claim.

By late fall 2016, the Orbis team reported that a Russian-supported company had been “using botnets and porn traffic to transmit viruses, plant bugs, steal data and conduct ‘altering operations’ against the Democratic Party leadership.” Hackers recruited by the FSB under duress were involved in the operations. According to the report, Carter Page insisted that payments be made quickly and discreetly, and that cyber operators should go to ground and cover their tracks.

[snip]

Consider, in addition, the Orbis report saying that Russia was utilizing hackers to influence voters and referring to payments to “hackers who had worked in Europe under Kremlin direction against the Clinton campaign.” A January 2017 Stanford study found that “fabricated stories favoring Donald Trump were shared a total of 30 million times, nearly quadruple the number of pro-Hillary Clinton shares leading up to the election.”  Also, in November, researchers at Oxford University published a report based on analysis of 19.4 million Twitter posts from early November prior to the election.  The report found that an “automated army of pro-Trump chatbots overwhelmed Clinton bots five to one in the days leading up to the presidential election.”  In March 2017, former FBI agent Clint Watts told Congress about websites involved in the Russian disinformation campaign “some of which mysteriously operate from Eastern Europe and are curiously led by pro-Russian editors of unknown financing.”

The Orbis report also refers specifically to the aim of the Russian influence campaign “to swing supporters of Bernie Sanders away from Hillary Clinton and across to Trump,” based on information given to Steele in early August 2016. It was not until March 2017, however, that former director of the National Security Agency, retired Gen. Keith Alexander in Senate testimony said of the Russian influence campaign, “what they were trying to do is to drive a wedge within the Democratic Party between the Clinton group and the Sanders group.”

Here’s what the dossier actually shows about both kompromat on Hillary and hacking.

June 20: In the first report, issued 6 days after the DNC announced it had been hacked by Russia, and 5 days after Guccifer 2.0 said he had sent stolen documents to WikiLeaks, the dossier spoke of kompromat on Hillary, clearly described as years old wiretaps from when she was visiting Russia. While the report conflicts internally, one part of it said it had not been distributed abroad. As I note in this post, if true, that would mean the documents Natalia Veselnitsaka shared with Trump folks on June 9 was not the kompromat in question.

July 19: After Guccifer 2.0 had released 7 posts, most with documents, and after extended reporting concluding that he was a Russian front, the second report discussed kompromat — still seemingly meaning that dated FSB dossier — as if it were prospective.

July 26: Four days after WikiLeaks released DNC emails first promised in mid-June, Steele submitted a report claiming that Russian state hackers had had “only limited success in penetrating the ‘first tier’ of foreign targets. These comprised western (especially G7 and NATO) governments, security and intelligence services and central banks, and the IFIs.” There had been public reports of FSB-associated APT 29’s hacking of such targets since at least July 2015, and public reporting on their campaigns that should have been identified when DNC did a Google search in response to FBI’s warnings in September 2015. It’s stunning anyone involved in intelligence would claim Russia hadn’t had some success penetrating those first tier targets.

Report 095: An undated report, probably dating sometime between July 26 and July 30, did state that a Trump associate admitted Russia was behind WikiLeaks release of emails, something that had been widely understood for well over a month.

July 30: A few weeks before WikiLeaks reportedly got the second tranche of (Podesta) emails, a report states that Russia is worried that the email hacking operation is spiraling out of control so “it is unlikely that these [operations] would be ratcheted up.”

August 5: A report says Dmitry Peskov, who is reportedly in charge of the campaign, is “scared shitless” about being scapegoated for it.

August 10: Just days before WikiLeaks purportedly got the Podesta tranche of emails, a report says Sergei Ivanov said “Russians would not risk their position for the time being with new leaked material, even to a third party like WikiLeaks.”

August 10: Months after a contentious primary and over two weeks after Debbie Wasserman Schultz’s resignation during the convention (purportedly because of DNC’s preference for Hillary), a report cites an ethnic Russian associate of Russian US presidential candidate Donald TRUMP campaign insider, not a Russian, saying the email leaks were designed to “swing supporters of Bernie SANDERS and away from Hillary CLINTON and across to TRUMP.” It attributes that plan to Carter Page, but does not claim any Russian government involvement in that strategy. Nor would it take a genius for anyone involved in American politics to pursue such a strategy.

August 22: A report on Manafort’s “demise” doesn’t mention emails or any kompromat.

September 14: Three months after Guccifer 2.0 first appeared, the dossier for the first time treated the Russians’ kompromat as the emails, stating that more might be released in late September. That might coincide with Craig Murray’s reported contact with a go-between (Murray has been very clear he did not ferry the emails themselves though he did have some contact in late September).

October 12: A week after the Podesta emails first started appearing, a report states that “a stream of further hacked CLINTON materials already had been injected by the Kremlin into compliant media outlets like Wikileaks, which remained at least “plausibly deniable”, so the stream of these would continue through October and up to the election, something Julian Assange had made pretty clear. See this report for more.

October 18, 19, 19: Three reports produced in quick succession describe Michael Cohen’s role in covering up the Trump-Russia mess, without making any explicit (unredacted) mention of emails. See this post on that timing.

December 13: A virgin birth report produced as the US intelligence community scrambled to put together the case against Russia for the first time ties Cohen to the emails in unredacted form).

What the timeline of the hacking allegations in the Steele dossier (and therefore also “predictions” about leaked documents) reveal is not that his sources predicted the hack-and-leak campaign, but on the contrary, he and his sources were unbelievably behind in their understanding of Russian hacking and the campaign generally (or his Russian sources were planting outright disinformation). Someone wanting to learn about the campaign would be better off simply hanging out on Twitter or reading the many security reports issued on the hack in real time.

Perhaps Sipher wants to cover this over when he claims that, “The Russian effort was aggressive over the summer months, but seemed to back off and go into cover-up mode following the Access Hollywood revelations and the Obama Administration’s acknowledgement of Russian interference in the fall, realizing they might have gone too far and possibly benefitted Ms. Clinton.” Sure, that’s sort of (though not entirely) what the dossier described. But the reality is that WikiLeaks was dropping new Podesta emails every day, Guccifer 2.0 was parroting Russian (and Republican) themes about a rigged election, and Obama was making the first ever cyber “red phone” call to Moscow because of Russia’s continued probes of the election infrastructure (part of the Russian effort about which both the dossier and Sipher’s post are silent).

The quotes Sipher uses to defend his claim are even worse. The first passage includes two clear errors. The report in question was actually the December 13 one, not “late fall 2016” one. And the Trump associate who agreed (in the alleged August meeting in Prague, anticipating that Hillary might win) to making quick payments to hackers was Michael Cohen, not Carter Page. [Update, 12/10/17: Just Security has fixed this error.] Many things suggest this particular report should be read with great skepticism, not least that it post-dated both the disclosure of the existence of the dossier and the election, and that this intelligence was offered up to Steele, not solicited, and was offered for free.

Next, Sipher again cites the December 13 report to claim Steele predicted something reported in a November Oxford University report (and anyway widely reported by BuzzFeed for months), which seems to require either a time machine or an explanation for why Steele didn’t report that earlier. He attributes a quote sourced to a Trump insider as indicating Russian strategy, which that report doesn’t support. And if you need Keith Alexander to suss out the logic of Democratic infighting that had been clear for six months, then you’re in real trouble!

Sipher would have been better off citing the undated Report 095 (which is another report about which there should be provenance questions), which relies on the same ethnic Russian Trump insider as the August 10 report, which claims agents/facilitators within the Democratic Party and Russian émigré hackers working in the United States — a claim that is incendiary but (short of proof that the Al-Awan brothers or Seth Rich really were involved) — one that has not been substantiated.

In short, the evidence in the dossier simply doesn’t support the claim it predicted two of the three things Sipher claims it does, at least not yet.

The dossier is stronger in sketchy contacts with Russians

The dossier is stronger with respect to some, but not all Trump associates. But even there, Sipher’s defense demonstrates uneven analytic work.

First, note that Sipher relies on “renowned investigative journalist” Michael Isikoff to validate some of these claims.

Renowned investigative journalist Michael Isikoff reported in September 2016 that U.S. intelligence sources confirmed that Page met with both Sechin and Divyekin during his July trip to Russia.

[snip]

A June 2017 Yahoo News article by Michael Isikoff described the Administration’s efforts to engage the State Department about lifting sanctions “almost as soon as they took office.”

Among the six journalists Steele admits he briefed on his dossier is someone from Yahoo.

The journalists initially briefed at the end of September 2016 by [Steele] and Fusion at Fusion’s instruction were from the New York Times, the Washington Post, Yahoo News, the New Yorker and CNN. [Steele] subsequently participated in further meetings at Fusion’s instruction with Fusion and the New York Times, the Washington Post and Yahoo News, which took place in mid-October 2016.

That the Yahoo journalist is Isikoff would be a cinch to guess. But we don’t have to guess, because Isikoff made it clear it was him in his first report after the dossier got leaked.

Another of Steele’s reports, first reported by Yahoo News last September, involved alleged meetings last July between then-Trump foreign policy adviser Carter Page and two high-level Russian operatives, including Igor Sechin — a longtime associate of Russian President Vladimir Putin who became the chief executive of Rosneft, the Russian energy giant.

In other words, Sipher is engaging in navel-gazing here, citing a report based on the Steele dossier, to say it confirms what was in the Steele dossier.

Sipher similarly cites a NYT article that was among the most criticized for the way it interprets “senior Russian intelligence officials” loosely to include anyone who might be suspect of being a spook.

We have also subsequently learned of Trump’s long-standing interest in, and experience with Russia and Russians.  A February 2017 New York Times article reported that phone records and intercepted calls show that members of Trump’s campaign and other Trump associates had repeated contacts with senior Russian officials in the year before the election.  The New York Times article was also corroborated by CNN and Reuters independent reports.

The two reports he claims corroborate the NYT one fall far short of the NYT claim about talks with Russian intelligence officials — a distinction that is critical given what Sipher claims about Sergey Kislyak, which I note below.

Carter Page

Sipher cites the Carter Page FISA order as proof that some of these claims have held up.

What’s more, the Justice Department obtained a wiretap in summer 2016 on Page after satisfying a court that there was sufficient evidence to show Page was operating as a Russian agent.

But more recent reporting, by journalists Sipher elsewhere cites approvingly, reveals that Page had actually been under a FISA order as early as 2014.

Page had been the subject of a secret intelligence surveillance warrant since 2014, earlier than had been previously reported, US officials briefed on the probe told CNN.

Paul Manafort

I have no complaint with Sipher’s claims about Manafort — except to the extent he suggests Manafort’s Ukrainian corruption wasn’t know long before the election. Sipher does, however, repeat a common myth about Manafort’s influence on the GOP platform.

The quid pro quo as alleged in the dossier was for the Trump team to “sideline” the Ukrainian issue in the campaign.  We learned subsequently the Trump platform committee changed only a single plank in the 60-page Republican platform prior to the Republican convention.  Of the hundreds of Republican positions and proposals, they altered only the single sentence that called for maintaining or increasing sanctions against Russia, increasing aid for Ukraine and “providing lethal defensive weapons” to the Ukrainian military.  The Trump team changed the wording to the more benign, “appropriate assistance.”

Republicans have credibly challenged this claim about the platform. Bob Dole is credited with making the platform far harsher on China in the service of his Taiwanese clients. And Trump’s team also put in language endorsing the revival of Glass-Steagall, with support from Manafort and/or Carl Icahn.

Michael Cohen

Sipher’s discussion of Trump lawyer Michael Cohen is the weirdest of all, not least because the Cohen reports are the most incendiary but also because they were written at a time when Steele had already pitched the dossier to the media (making it far more likely the ensuing reports were the result of disinformation). Here’s how Sipher claims the Steele dossier reports have been validated.

We do not have any reporting that implicates Michael Cohen in meetings with Russians as outlined in the dossier.  However, recent revelations indicate his long-standing relationships with key Russian and Ukrainian interlocutors, and highlight his role in a previously hidden effort to build a Trump tower in Moscow. During the campaign, those efforts included email exchanges with Trump associate Felix Sater explicitly referring to getting Putin’s circle involved and helping Trump get elected.

Go look at that “recent revelations” link. It goes to this Josh Marshall post which describes its own sourcing this way:

TPM Reader BR flagged my attention to this 2007 article in The New York Post.

[snip]

Because two years ago, in February 2015, New York real estate trade sheet The Real Deal reported that Cohen purchased a $58 million rental building on the Upper East Side.

This is not recent reporting!! Again, this is stuff that was publicly known before the election.

More importantly, given Cohen’s rebuttal to the dossier, Marshall supports a claim that Cohen has ties to Ukraine, not Russia. The dossier, however, claims Cohen has ties to the latter, as Cohen mockingly notes.

Felix Sater

Then there are the Trump associates who are now known to have been central to any ties between Trump and the Russians that the Steele dossier didn’t cite — as least not as subjects (all could well be sources, which raises other questions). The first is Felix Sater, whom Sipher discusses three times in suggesting that the dossier accurately predicts Cohen’s involvement in the Russian negotiations.

To take one example, the first report says that Kremlin spokesman Dmitry Peskov was responsible for Russia’s compromising materials on Hillary Clinton, and now we have reports that Michael Cohen had contacted Peskov directly in January 2016 seeking help with a Trump business deal in Moscow (after Cohen received the email from Trump business associate Felix Sater saying “Our boy can become president of the USA and we can engineer it. I will get all of Putins team to buy in on this.”).

[snip]

Following the inauguration, Cohen was involved, again with Felix Sater, to engage in back-channel negotiations seeking a means to lift sanctions via a semi-developed Russian-Ukrainian plan (which also included the hand delivery of derogatory information on Ukrainian leaders) also fits with Orbis reporting related to Cohen.

Given that Sater’s publicly known links between mobbed up Russians and Trump go back a decade, why isn’t he mentioned in the dossier? And why does the dossier seemingly contradict these claims about an active Trump Tower deal?

Aras Agalarov and Rinat Akhmetshin

There are far more significant silences about two other Trump associates, Aras Agalarov and Rinat Akhmetshin.

To be fair, the dossier isn’t entirely silent about the former, noting in at one place that Agalarov would be the guy to go to to learn about dirt on Trump in Petersburg (elsewhere he could be a source).

Far, far more damning is the dossier’s silence (again, at least as a subject rather than source) about Akhmetshin. That’s long been one of the GOP complaints about the dossier — that Akhmetshin was closely involved with Fusion GPS on Magnitsky work in parallel with the Trump dossier, which (if Akhmetshin really is still tied to Russian intelligence) would provide an easy feedback loop to the Russians. The dossier’s silence on someone well known to Fusion GPS is all the more damning given the way that Sipher points to the June 9 meeting (which the dossier didn’t report, either) as proof that the dossier has been vindicated.

It was also apparently news to investigators when the New York Times in July 2017 published Don Jr’s emails arranging for the receipt of information held by the Russians about Hillary Clinton. How could Steele and Orbis know in June 2016 that the Russians were working actively to elect Donald Trump and damage Hillary Clinton?

[snip]

To take another example, the third Orbis report says that Trump campaign manager Paul Manafort was managing the connection with the Kremlin, and we now know that he was present at the June 9 2016 meeting with Donald Trump, Jr., Russian lawyer Natalia Veselnitskaya and Rinat Akhmetshin, who has reportedly boasted of his ties to ties and experience in Soviet intelligence and counterintelligence.  According to a recent New York Times story, “Akhmetshin told journalists that he was a longtime acquaintance of Paul J. Manafort.”

There’s no allegation that investigations didn’t know about June 2016 plan to hurt Hillary (indeed, the Guccifer 2.0 stuff that Sipher ignores was public to all). Rather they didn’t know — but neither did Fusion, who has an established relationship with Akhmetshin — about the meeting involving Akhmetshin. If you’re going to claim the June 9 meeting proves anything, it’s that the dossier as currently known has a big hole right in Fusion’s client/researcher list.

Sergey Kislyak

Which brings me — finally! — to Sipher’s weird treatment of Sergey Kislyak. Sipher argues (correctly) that Trump associates’ failure to report details of their contacts with Russians may support a conspiracy claim.

 Of course, the failure of the Trump team to report details that later leaked out and fit the narrative may make the Steele allegations appear more prescient than they otherwise might.  At the same time, the hesitancy to be honest about contacts with Russia is consistent with allegations of a conspiracy.

Of course, Trump’s folks have failed to report details of that June 9 meeting as well as meetings with Sergey Kislyak. Having now invested his vindication story on that June 9 meeting, he argues that reports about Kislyak (on which the NYT article he cites approvingly probably rely) are misguided; we need to look to that June 9 meeting intead.

It should be noted in this context, that the much-reported meetings with Ambassador Kislyak do not seem to be tied to the conspiracy. He is not an intelligence officer, and would be in the position to offer advice on politics, personalities and political culture in the United States, but would not be asked to engage in espionage activity.  It is likewise notable that Ambassador Kislyak receives only a passing reference in the Steele dossier and only having to do with his internal advice on the political fallout in the U.S. in reaction to the Russian campaign.

Of course, to determine if collusion occurred as alleged in the dossier, we would have to know if the Trump campaign continued to meet with Russian representatives subsequent to the June meeting.

This seems utterly bizarre. We know what happened after June 9, in part: Per Jared Kushner (who also is not mentioned in the dossier or Sipher’s column), immediately after the election Kislyak started moving towards meeting about Syria (not Ukraine). But in the process, Kushner may have asked for a back channel and at Kislyak’s urging, Kushner took a meeting with the head of a sanctioned bank potentially to talk about investments in his family’s debt-ridden empire. And all that is the lead-up to the Mike Flynn calls with Kislyak about sanctions relief which provide some of the proof that Trump was willing to deliver the quo that the dossier claims got offered for quids.

That latter story — of the meetings Kushner and Flynn did in the wake of the election and events that may have taken place since — is every bit as coherent a narrative as the Steele dossier or the entirely new narratives tied to the June 9 meeting (which Sipher claims are actually the Steele narrative).

Of course, neither is yet evidence of collusion. And that’s, frankly, what we as citizens should be after.

A narrative offered up by an intelligence contractor who was always trying to catch up to the central part of the story — the hack-and-leak — is not what we should be striving for. That’s why this dossier is probably mostly irrelevant to the Mueller probe, no matter how the GOP would like to insinuate the opposite. If there was collusion (or rather, coordination on all this stuff between the campaign and Russia), we should expect evidence of it. The Steele dossier, as I have noted, left out one of the key potential proofs of that, in spite of having ties with someone who attended the meeting.

All that said, it would be useful for someone responsible to respond to GOP criticisms and, where invented (such as with the claim that Steele paying sources diminishes its value), demonstrate that. It would be useful for someone to explain what we should take from the dossier.

Sipher didn’t do that, though. Indeed, his post largely suffers from the same bad analysis he accuses the media of.

Update: In the original I got the date of the final report incorrect. That has been corrected.

Update, 12/10/17: I didn’t realize it, but Just Security updated Sipher’s post to include this language, which it explains with an editor’s note saying “Editor’s note: This article was update to provide additional analysis on Carter Page.” Compare this with this. Here’s the language.

Admittedly, Isikoff’s reporting may have relied on Steele himself for that information. Isikoff, however, also reported that U.S. intelligence officials were confident enough in the information received about Page’s meeting Russian officials to brief senior members of Congress on it. There are also other indicia that are also consistent with the Orbis report but only developed or discovered later. In early December 2016, Page returned to Moscow where he said he had “the opportunity to meet with an executive from” Sechin’s state oil company. In April 2017, Page confirmed that he met with and passed documents to a Russian intelligence officer in 2013. Court documents include an intercept in April 2013 of conversations between the Russians discussing their effort to recruit Page as “as an intelligence source.” A Russian intelligence officer said of Page: “He got hooked on Gazprom … I don’t know, but it’s obvious that he wants to earn lots of money … For now his enthusiasm works for me. I also promised him a lot … You promise a favor for a favor. You get the documents from him and tell him to go fuck himself.” In late December 2016, Sechin’s chief of staff, Oleg Erovinkin “who may have been a source for ex-British spy Christopher Steele’s Trump dossier,” according to multiple reports, was found dead in the back of his car in Moscow.

But this passage introduces new errors for Sipher’s post!

First, here’s the language (in an article Just Security never links) Sipher relies on to justify using Isikoff’s Steele-based reporting to claim Steele had been proven correct.

After one of those briefings, Senate minority leader Harry Reid wrote FBI Director James Comey, citing reports of meetings between a Trump adviser (a reference to Page) and “high ranking sanctioned individuals” in Moscow over the summer as evidence of “significant and disturbing ties” between the Trump campaign and the Kremlin that needed to be investigated by the bureau.

Some of those briefed were “taken aback” when they learned about Page’s contacts in Moscow, viewing them as a possible back channel to the Russians that could undercut U.S. foreign policy, said a congressional source familiar with the briefings but who asked for anonymity due to the sensitivity of the subject. The source added that U.S. officials in the briefings indicated that intelligence reports about the adviser’s talks with senior Russian officials close to President Vladimir Putin were being “actively monitored and investigated.”

A senior U.S. law enforcement official did not dispute that characterization when asked for comment by Yahoo News. “It’s on our radar screen,” said the official about Page’s contacts with Russian officials. “It’s being looked at.”

It is true that “U.S. intelligence officials were confident enough in the information received about Page’s meeting Russian officials to brief senior members of Congress on it,” and that Harry Reid was leaking from the Steele dossier just like Isikoff was. But the “senior US law enforcement officer” does not back the identities of those Page met with, just that “it’s being looked at.”

That’s important for the way that Page’s meetings with people other than Igor Sechin have been used to claim the dossier has borne out. Not-A = A. Which is what Sipher does here, by pointing to Page saying he met with Rosneft but not Sechin. “Page says he was not referring to Sechin in his remarks,” the linked AP story says (as does Page’s congressional testimony).

Then Sipher points to language unsealed in a court filing in January 2015 that Page admitted — after reporting on it — was him. That Page was wrapped up in an earlier Russian spy prosecution is another of those things one might ask why Steele didn’t know, particularly given that the filing and the case was already public.

But the citation also exacerbates the problems with Sipher’s reliance on Page’s FISA wiretap as proof the Steele dossier proved out. As I noted above, later reports stated Page had been under FISA wiretap “since 2014, earlier than had been previously reported, US officials briefed on the probe told CNN.” That means it wasn’t the meetings in Russia, per se, that elicited the interest, but (at least) the earlier interactions with Russian spies.

Finally, Sipher points to the death of Oleg Erovinkin, something I’ve pointed to myself (and which would only be “Carter Page” analysis if Page actually had met with Sechin). Since Sipher updated this post, however, Luke Harding wrote (on page 101),

Steele was adamant that Erovinkin wasn’t his source and “not one of ours.”

As a person close to Steele put it to me: “Sometimes people just die.”

I’m not sure I find Harding entirely reliable elsewhere, and I can see why Steele would deny working with Erovinkin if the leak of his work had gotten the man killed. But if you buy Harding, then Erovinkin no longer proves the value of the Steele dossier either.

Update, 12/10: According to the Wayback Machine this change was made between October 25 and November 6. Ryan Goodman explained that he didn’t give me a hat-tip for this correction because he’s not sure whether he corrected because of me because a Daily Caller reporter also weighed in.

It is true that Chuck Ross (with whom I discuss the dossier regularly) tweeted that Sipher’s Isikoff reference was self-confirming on November 4, shortly before the change was made.

Ryan and I had a conversation about the errors in this piece on September 6, when the post first came out, both on Twitter then–late that evening–on DM. I included a link to my post.

I guess Ryan is now confessing he never read this post, and let notice of egregious errors sit unreviewed for two months, because he didn’t like my tone.

 

The Steele Dossier and WaPo’s Trump Tower Scoop

For some reason, many people who’re convinced the Trump Russia investigation will hit paydirt but who haven’t been particularly attentive believe the Steele dossier must all be true. This, in spite of the fact that some parts of it clearly are not true. The best example of that is report 086, labeled as July 25, 2015 (but which must actually date to July 2016), which quotes a former senior Russian intelligence official claiming FSB was having difficulty compromising western and G7 government targets. In the previous year, the Russians had been enjoying quite a lot of success against just those kinds of targets, including the Joint Chiefs of Staff (Russia’s APT 29 is also believed to have compromised the DNC in July 2015), making it surprising anyone following Russian matters even marginally closely could present that report as credible.

The Steele dossier is not a document that is either credible or not as a whole; it is a series of raw intelligence reports based off a series of sources, some of which conflict with each other, some of which may be credible, others of which are less so. Moreover, there are a number of details about the dossier as we received it or as we’ve since learned about its production that raise legitimate questions about its quality.

Two seemingly contradictory claims provide one example that is especially noteworthy given WaPo’s report that the Trump organization inked a branding deal in Russia in late 2015. The very first report released as the Steele dossier, dated June 20, claims that the FSB has, for years, been trying to cultivate Trump by offering him “lucrative real estate development deals in Russia” but “for reasons unknown, TRUMP had not taken up any of these.”

The sourcing on this claim definitely includes “a close associate of TRUMP who had organized and managed his recent trips to Moscow” (though how would they know FSB was dangling real estate to compromise Trump unless they were themselves tied to FSB?) and may include the trusted compatriot of a “senior Foreign Ministry figure.”

Compare that with the undated report (it probably dates to between July 19 and July 30, 2016) crediting “a separate source with direct knowledge” claiming that Trump’s “claimed minimal investment profile in Russia … had not been for want of trying.”

Which is it? Has Trump been pushing for real estate deals but failing, or have figures close to Putin been trying to entice him with such deals only to have him respond with remarkable coyness?

A September 14 report, reported second-hand from two people in Petersburg, goes so far as to claim Trump had even paid bribes to get business deals in the city, but offered little more. Significantly, the sources said Aras Agalarov — who was involved in the June 9, 2016 meeting offering dirt on Clinton in New York’s Trump Tower — would have any details on real estate deals and sex parties and the clean-up thereof.

All of which is to say that in three different reports, Steele’s sources offered conflicting details about whether Trump was trying to get business in Russia but had failed, or Russia was trying to suck Trump into business deals as part of a program to compromise him, only to have him inexplicably resist.

Which brings us to the WaPo’s latest scoop, which reveals that between November 2015 and January 2016, the Trump organization signed a licensing deal for a big real estate project in Moscow, which ended up flopping because there was actually no deal behind it.

As part of the discussions, a Russian-born real estate developer urged Trump to come to Moscow to tout the proposal and suggested he could get President Vladimir Putin to say “great things” about Trump, according to several people who have been briefed on his correspondence.

The developer, Felix Sater, predicted in a November 2015 email that he and Trump Organization leaders would soon be celebrating — both one of the biggest residential projects in real estate history and Donald Trump’s election as president, according to two of the people with knowledge of the exchange.

Sater wrote to Trump Organization Executive Vice President Michael Cohen, “something to the effect of, ‘Can you believe two guys from Brooklyn are going to elect a president?’ ” said one person briefed on the email exchange. Sater emigrated to the United States from what was then the Soviet Union when he was 8 and grew up in Brooklyn.

Trump never went to Moscow as Sater proposed. And although investors and Trump’s company signed a letter of intent, they lacked the land and permits to proceed and the project was abandoned at the end of January 2016, just before the presidential primaries began, several people familiar with the proposal said.

[snip]

Discussions about the Moscow project began in earnest in September 2015, according to people briefed on the deal. An unidentified investor planned to build the project and, under a licensing agreement, put Trump’s name on it. Cohen acted as a lead negotiator for the Trump Organization. It is unclear how involved or aware Trump was of the negotiations.

For six months, Christopher Steele pushed his sources for information on any deals Trump had planned in Russia. And only one of them — the one suggesting his go-between consult with Agalarov — offered any hint that a deal might have actually been done. Yet just months earlier, a deal had purportedly been signed, a deal personally involving Michael Cohen, who figures prominently throughout the dossier.

At least on their face, those are contradictory claims, ones that (because the WaPo story is backed by documents Congress will shortly vet) either emphasize how limited Steele’s collection was, even on one of his key targets like Cohen, or may even hint he was getting disinformation.

Or perhaps reading them in tandem can elucidate both?

First, some comments on the WaPo story.

It seems the real story here is as much the details as the fact that the deal was proposed. For example, I’m as interested that Felix Sater, from whom (as the story notes) Trump has been trying to distance himself publicly for years, was still brokering deals for the Trump organization as late as November 2015 as any other part of the story. See this post for some reasons why that’s so interesting.

It’s also quite significant that whoever leaked this to the WaPo did not explain who the investors were. Schedule another scoop in a week or so for when some outlet reveals that detail, because I suspect that’s as big a part of the story as the fact that the deal got signed. What entity came to Cohen months after Trump had kicked off his presidential campaign, and offered up the kind of branding deal that Trump loves (and which at least some of Steele’s sources say Trump had been seeking for over a decade), yet without the permits that would be a cinch if Putin and the FSB were really pushing the deal as part of a plan to compromise the candidate?

The sourcing, too, is of particular interest. WaPo describes its story as coming from, “several people familiar with the proposal and new records reviewed by Trump Organization lawyers;” in another place it describes its sources as, “several people who have been briefed on his correspondence.”  It explains that the emails are going to be turned over to Congress soon.

The new details from the emails, which are scheduled to be turned over to congressional investigators soon, also point to the likelihood of additional contacts between Russia-connected individuals and Trump associates during his presidential bid.

This all feels like an attempt, on the part of Trump lawyer Michael Cohen, to reveal to Trump via non-obstructive channels what he has found in a review of documents he’s about to turn over, with an emphasis on some of the most damning parts (Sater and the timing), but without yet revealing the public detail of the investors. By releasing it in this form, Cohen’s associates give Trump warning of what’s about to come, while blunting the damage the revelation will have in more fleshed out form.

Finally, the WaPo emphasizes Sater’s push for Trump to get Putin to say nice things. Particularly given the lack of permits here, that suggests Sater recognized the deal was not actually done, it needed powerful push from Putin. A push that, given the January collapse, apparently didn’t come in timely fashion. That may be the more interesting take-away here. The deal was, when Sater bragged about it to the guy who (according to Steele’s dossier) would shortly go on to clean up Paul Manafort’s earlier corrupt discussions with Russia, illusory. But it makes it clear that Cohen, if and when he had those discussions, was aware of the Trump organization’s earlier, failed effort to finally brand a building in Moscow. It would mean that if those dodgy meetings in Prague actually happened, they came against the backdrop of Putin deciding not offer the help needed to make the Trump deal happen in the months before the election started.

All that may suggest the Steele dossier may instead be rich disinformation on a key point, disinformation that hid how active such discussions really were.

In any case, the WaPo story is not definitive one way or another. It may be utterly damning, the kind of hard evidence Cohen is about to turn over that he is aware could really blow the investigation into Trump wide open, or it could be yet more proof that Trump continued to resist the allure of real estate deals in Russia, as some of Steele’s sources claimed. But it does raise some important questions that reflect back on the Steele dossier.

Update: NYT got the actual language of two of the Sater emails, which have now been delivered to HPSCI.

Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer it. I will get Putins [sic] team to buy in on this, I will manage this process.

[snip]

Michael we can own this story. Donald doesn’t stare down, he negotiates and understand the economic issues and Putin only want to deal with a pragmatic leader, and a successful business man is a good candidate for someone who knows how to negotiate. “Business, politics, whatever it allis the same for someone who knows how to deal.”

Why does Sater tie the Trump Tower deal so closely with getting Trump elected?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All sounds totally legit, doesn’t it?

But there’s more!, as they say.

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

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

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

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

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

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

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

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

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

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

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

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

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

[crosstalk]

HABERMAN: Would you consider——

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

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

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