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With Release of DOJ IG FISA Report, Democrats Should Pause on Impeachment

Democrats are going to roll out at least two articles of impeachment today.

But I think, in the wake of the release of the DOJ IG FISA Report, they should take a brief pause.

Don’t get me wrong. I think impeachment is necessary and urgent. I can see why Democrats might want to impeach even as Trump meets with Sergei Lavrov — particularly given Trump’s assault on Chris Wray for making some honest comments about the IG Report yesterday.

But I’ve gotten far enough into the IG Report to believe that it merits a pause for both sides to consider what it says. That’s because it basically says both parties were right. Democrats were right to think the investigation into Trump was fair and legitimately predicated. The Mueller Report has provided abundant evidence not only that Paul Manafort and Roger Stone (at a minimum) were willing to “collude” in the Russian hack-and-leak, but that they both took affirmative efforts to prevent Mueller from finding out whether they succeeded in doing so. Trump was a key player in that effort to obstruct the investigation. So the investigation was warranted, fairly predicated, and produced results that confirmed Trump’s people wanted to conspire with the Russian operation, whether or not they succeeded.

Republicans, however, were right that the Steele dossier was not adequately vetted by the FBI, and the FISA on Carter Page may not have been adequately substantiated (and the vetting on the follow-ups was even worse). That doesn’t mean Page shouldn’t have been investigated; he was already being investigated in April 2016, and things he did through December 2016 provided more cause for concern.

But neither of those things — the dossier’s shoddy vetting or the Page FISA — were key to the more substantive investigation into Trump. Indeed, Stone wasn’t even a subject in this early process; the first big investigative steps on him took place in August 2017, under Mueller.

I’ve got some quibbles with the report (mostly about how it treats exonerating information and Bruce Ohr and information sharing).

That said, the report should be an opportunity to step back and reflect on how the key issue — that Russia aggressively interfered in the US and a number of Americans embraced that effort — has gotten lost. That focus might make a few people, including Republicans who otherwise would not support impeachment but are appalled by the way Rudy has doubled down on his Ukrainian escapades, even meeting with KGB trained thugs, rethink the investigation into Trump.

Plus, the FISA Report provides one basis for bipartisan work in the near term.

Section 215 of the PATRIOT Act was due to get reauthorized on December 15. That got extended 3 months in the continuing resolution, but it will need reauthorized at that point. Meanwhile, over the past year, evidence that FBI misused FISA under both Jim Comey (with this IG Report) and Chris Wray (with the earlier report on problems with 702).

I’ve been arguing since at least February — and more aggressively since September, when I got the first concrete descriptions of how much this report would focus on process issues at FBI — that this IG Report would present an opportunity to call more substantive review of FISA. I got pushback among allies, because Carter Page is such an unsympathetic person to Democrats. But I think the report really demonstrates that, no matter how unsympathetic he is, no matter how warranted the investigation into him, the FISA process used against him was appalling.

So the surveillance community, which previously was able to unite Jim Jordan and the most Progressive Dems, really ought to take a step back and propose a three-part fix for FISA, one that could guide the further audit of FISA Michael Horowitz announced and one that might implement immediate legislative fixes to known FISA problems. At least beginning those conversation would provide some of the people yelling most loudly at each other a chance to talk about something they claim to agree on.

Let me be clear: I’m just arguing for a pause — maybe a week. Trump has violated every word of his oath of office and he threatens to undo our Constitution. But let’s take a few days and reflect on the way that the events of 2016 have sown division without getting us to do the things to prevent further Russian aggression. It won’t happen, but it’s what I think should happen.

Did Mike Flynn Gamble and Lose on Bill Barr and Michael Horowitz?

Since the beginning of Mike Flynn’s attempt to blow up his plea deal, he has been investing his hopes on two things: first, that Bill Barr’s efforts to discredit the investigation into Flynn and other Trump flunkies will find something of merit, and that Michael Horowitz’s Inspector General Report into the origins of the Russian investigation will likewise substantiate Flynn’s claims the investigation into him was a witch hunt.

Even before Covington & Burling had withdrawn from representing Flynn, Sidney Powell wrote Barr and Jeffrey Rosen making wild claims that Flynn had been illegally targeted. Both that letter and Flynn’s motion for what he purported was Brady material asked for FISA materials that actually related to FISA orders on Carter Page, as well as any Brady or Giglio material found in Barr and Horowitz’s investigations.

His reply tied the FISA Report directly to its claim that the government can’t be trusted to comply with Brady.

The Mueller Report established that there was no conspiracy between anyone in the Trump campaign and Russia. It is also apparent now, or will be upon the release of the FISA report of the Inspector General, that the FBI and DOJ had no legal basis to obtain a FISA warrant against Carter Page or to investigate Mr. Flynn. 13 Yet, the government wants us to accept its word that the defense has everything to which it is entitled. Fortunately Brady exists to protect the accused “from the prosecutor’s private deliberations, as the chosen forum for ascertaining the truth about criminal accusations.”

The entire effort to blow up his plea deal was a risky bet that either Barr and/or Horowitz would deliver some basis for Emmet Sullivan to throw out his prosecution.

Thus far, the only thing Barr’s worldwide wild goose chase has turned up are two phones once owned by Joseph Mifsud that the government quickly pointed out are totally unrelated to Flynn.

Yesterday, the government and Flynn asked Judge Sullivan to delay the briefing schedule that would have led up to a December 18 sentencing, a request Sullivan granted today. The request noted that both sides expect the IG Report to relate to Flynn’s case, even while DOJ pretends not to have inside information about when the report will be released.

Additionally, the parties note that the Department of Justice’s Office of the Inspector General (OIG) is conducting an Examination of the Department’s and the FBI’s Compliance with Legal Requirements and Policies in Applications Filed with the US. Foreign Intelligence Surveillance Court Relating to a certain US. Person. The parties expect that the report of this investigation will examine topics related to several matters raised by the defendant. As widely reported by the media, that report is expected to issue in the next several weeks.

Thus far, however, the public reporting on the IG Report suggests the report will not only not corroborate the claims Flynn wants it to, but affirmatively undermine some of his claims. For example, the NYT describes that the report attributes blame to low-level employees but not the senior figures — Jim Comey, Andrew McCabe, and Peter Strzok — that Flynn’s entire challenge focuses on.

A highly anticipated report by the Justice Department’s inspector general is expected to sharply criticize lower-level F.B.I. officials as well as bureau leaders involved in the early stages of the Trump-Russia investigation, but to absolve the top ranks of abusing their powers out of bias against President Trump, according to people briefed on a draft.

[snip]

In particular, while Mr. Horowitz criticizes F.B.I. leadership for its handling of the highly fraught Russia investigation in some ways, he made no finding of politically biased actions by top officials Mr. Trump has vilified like the former F.B.I. director James B. Comey; Andrew G. McCabe, the former deputy who temporarily ran the bureau after the president fired Mr. Comey in 2017; and Peter Strzok, a former top counterintelligence agent.

And Horowitz’s reported finding that DOJ and FBI did not coordinate very well (something backed by materials Flynn already has in his possession) undermines Flynn’s allegations that everyone who works at both FBI and DOJ was in cahoots against Trump and therefore Flynn.

[T]he bureau and the Justice Department displayed poor coordination during the investigation, they said.

Finally, the adverse findings Horowitz will lay out largely relate to the Carter Page FISA, which had very little bearing on Flynn.

Investigators for the inspector general, Michael E. Horowitz, uncovered errors and omissions in documents related to the wiretapping of a former Trump campaign adviser, Carter Page — including that a low-level lawyer, Kevin Clinesmith, altered an email that officials used to prepare to seek court approval to renew the wiretap, the people said.

[snip]

Mr. Horowitz’s investigators have suggested that he is likely to conclude that the filings exaggerated Mr. Steele’s track record in terms of the amount of value that the F.B.I. derived from information he supplied in previous investigations. The court filings in the Page wiretap application said his material was “used in criminal proceedings,” but it was never part of an affidavit, search warrant or courtroom evidence.

(Note, I believe the IG is wrong to base the value of Steele’s information on what shows up in affidavits, because this is precisely the kind of thing that would be parallel constructed out of affidavits, by design.)

And the report will specifically deny a key claim Flynn has made, that the investigation into him derives from Steele or the CIA.

None of the evidence used to open the investigation came from the C.I.A. or from a notorious dossier of claims about Trump-Russia ties compiled by Christopher Steele, a former British intelligence agent whose research was funded by Democrats, the report concludes, according to the people briefed on it.

In short, the report will be damning on some fronts. But not damning in a way that will be very useful for Flynn.

Which leaves him well over his skis at a time when Sullivan may be conducting a close review of how flimsy Powell’s claims really are.

Update: And even as I was posting this, the NYT reported that the report will also confirm that the FBI was not spying on Trump’s campaign.

Devin Nunes Calls an Experienced Organized Crime Researcher Funded by Paul Singer a Democratic Operative

There’s a key part of Devin Nunes and Mark Meadows’ defense of the President yesterday that deserves far more attention, both for the way it distorts the factual record and how it suggests that simply being an expert on Russian and Ukrainian organized crime makes one a Democratic operative.

At issue is their bid to make the impeachment inquiry about Nellie Ohr, whom they’ve past falsely suggested had a role in mainlining the Steele dossier into DOJ and FBI. They’ve brought Nellie, the spouse of a key DOJ expert on organized crime, Bruce Ohr, back into their narrative by claiming she testified to Congress that Fusion GPS relied on Ukrainian sources. The idea is that Ohr’s testimony would prove that Trump had good reason to think Ukraine had it in for him in 2016, so could rightly ask Ukraine to investigate whether that amounted to tampering in the election.

Here’s how Nunes laid it out in his demand that Ohr be called to testify:

Nellie Ohr, former contractor for opposition research firm Fusion GPS. In a 2018 interview with the House Judiciary and Oversight Committees, Ms. Ohr stated that, during her work with Fusion GPS that ultimately assisted in the production of the Steele dossier–comprising false allegations against then-candidate Trump–Fusion GPS used information from sources in Ukraine, including Serhiy Leshchenko who recently lost his post from the Ukrainian parliament. Given President Trump’s documented belief that the Ukrainian government meddled in the 2016 election to oppose his candidacy, which forms the basis for a reasonable desire for Ukraine to investigate the circumstances surrounding the election and any potential Ukrainian involvement, Ms. Ohr is a prime fact witness who can assist Congress and the American public in better understanding the facts and circumstances surrounding Ukrainian involvement in the 2016 election.

In his demand, Nunes helpfully provides a footnote, to make it easy to see how many errors he makes in this paragraph. Here’s the passage of Ohr’s testimony before Congress that, Nunes falsely claims, backs his insinuations that Ohr tampered in the 2016 campaign.

GOP counsel Ryan Breitenbach is questioning her.

Q Was there indication from [her boss at Fusion GPS, Jake] Berkowitz or [Glenn] Simpson that they had any inside information as to whether there were suspicious connections with any of President Trump’s orbit of individuals including his family?

A What do you mean by “inside information”?

Q I would say any information that they specifically gave you, in terms of your employment with Fusion GPS, that would indicate that there were some level of connections with President Trump’s family and Russia?

A They would give me leads based on their open-source research and, you know, legal documents and other things.

Q Did they ever indicate that any of their leads were based off of sources of theirs?

A I don’t remember get- — regarding the Trump family, no.

Q Regarding any of the research during this year, 10-, 11-month period, was any — was any research based off of sources of theirs that you were aware of?

A Yes.

Q And who were the sources?

A I recall a — they were mentioning someone named Serhiy Leshchenko, a Ukrainian.

Q And did they give you any indication as to Leshchenko’s connections with them, how they got to know him? Were they doing work for him?

A With Fusion GPS?

Q Correct.

A I am not aware of how they

Q Were you aware of how they had a connection with him?

A I am not aware.

Q But you were aware that he was a source of information that was leading to information that they had, that they were then presenting to you as reasons for following up on opposition research or what research —

A Yes.

Q — that is, on President Trump or his family?

A My understanding is that some — yes. And — yes, it was not necessarily on his family that Leshchenko’s research was on.

Q Are you aware of what his research, or what his source information included?

A His source information, I am not aware.

Q You are just aware that he was a source of —

A Yes.

Q — Glenn Simpson? Or was it a source of Mr. Berkowitz? Or both?

A I am not aware of a differentiation between them. Just a source for Fusion GPS.

Q That is one source. Were there any other sources that you were aware of?

A I don’t think so. I don’t recall that there were.

Q And were you aware of Mr. Leshchenko prior to him being mentioned to you as a potential source of their information?

A Yes.

Q In what way?

A He is very well-known, Ukrainian, anti-corruption activist. So I had read about him in the press.

Q Had you studied him before?

A What do you mean by “studied”?

Q Performed independent research for any prior employer.

A No. I followed him in the — you know, if I saw him mentioned in the press, I read — I read about it.

Q And previous to this particular incoming knowledge from Mr. Simpson or just from Fusion GPS, were you aware of any connections between Mr. Leshchenko — am I saying that name, by the way?

A Yes.

Q — Mr. Leshchenko and President Trump, or anyone in President Trump’s familial orbit or even friendly orbit?

A I was unaware of any connections before that. [my emphasis]

Before this colloquy, Ohr had already testified that she had “no reason to believe” that her work was integrated into the Steele dossier at all. Democratic staffers walked her through passage after passage in the Steele dossier and asked her if her work had provided background for it, which she said it did not. She also had already explained (to both Jim Jordan and Mark Meadows in separate interactions directly) that she, “did online open source research using Russian sources, media, social media, government, you know, business registers, legal databases, all kinds of things.” Ohr’s testimony was backed by Glenn Simpson’s earlier appearances before Congress — including an appearance before HPSCI that Nunes attended; Simpson also said his own research was based off open source research.

Moreover, both the reports Nellie did (PDF 216 to 299) and a table she put together on Trump and his flunkies’ ties to suspect Russians show that the bulk of her research for Fusion preceded the time when Christopher Steele was working on the dossier. Significantly, that means much of Nellie Ohr’s work was paid by GOP billionaire Paul Singer, not the DNC.

So in this passage, Nellie Ohr is talking leads she got from her boss at Fusion, Jake Berkowitz, based off open source research he had done, that she would use to do more open source research, for a project mostly paid for by a Republican billionaire interested in the ties between Trump and Russian organized crime.

And what the passage shows is that:

  • Ohr said the information from Berkowitz came from open source reporting
  • She described herself getting information on Serhiy Leshchenko’s efforts, because he was a very well-known anti-corruption activist who was covered in the press
  • She twice said she was not aware of how Berkowitz and Simpson got their information from Leshchenko
  • She also said she didn’t know where Leshchenko got his information
  • Ohr said that Leshchenko’s reporting wasn’t focused on the Trump family (it almost certainly was focused on Paul Manafort, about whom Ohr wrote a detailed timeline)

In short, the transcript Nunes says supports a demand that Ohr testify does no such thing. Instead, it shows that this side of Fusion’s work relied on open source reporting, and that information on Leshchenko’s efforts was available via open sources. It also shows that Ohr repeatedly denied knowing whether the Fusion focus on Leshchenko was based on anything but open source reporting.

This transcript also shows that if Republicans really wanted to know about how Leshchenko’s work informed Fusion’s work, they should ask Simpson or Berkowitz to testify, because Ohr was only ever working from open sources — that is, doing research, mostly paid for by a Republican billionaire.

That background is all critically important for how Nunes ended yesterday’s testimony. In his closing statement at the hearing, Nunes restated his demand that Schiff permit Republicans to call their chosen witnesses, which he listed as:

  • The whistleblower
  • The folks that he spoke to
  • Numerous Democratic operatives who worked with Ukraine to meddle in the election

Obviously, Nellie Ohr — an experienced researcher on Ukrainian and Russian organized crime — must fall into the latter category.

So on top of all the ways Nunes misrepresented the Ohr’s testimony (or her ability to testify on the issues he claims to want to hear), there’s this. The Ranking Member of the House Intelligence Committee, Devin Nunes, believes that an expert on Ukrainian and Russian organized crime being paid to do open source research by a Republican billionaire must be a Democratic operative.

How Sidney Powell Misrepresents Her Evidence in Her Fake Brady Motion

In this post, I laid out how Sidney Powell used what should have been a reply in her effort to obtain what she called Brady information to instead lay out, for the first time, her argument about how Flynn was abusively caught in his own acts by mean FBI Agents out to get him, and so should have the two guilty pleas he made under oath thrown out. Powell also complains about a slew of things that happen in most FBI investigations, and pretends they’re specifically abusive when they happen with her client.

In this post, I’d like to unpack what Powell does with her so-called evidence, 16 exhibits purportedly included to support her case, but also largely provided to rile up the frothy right.

Virtually everything she claims — with the possible exception that Flynn’s 302 says he acknowledged calling Sergey Kislyak 4-5 times on December 29, 2016, but actually said he didn’t remember that– is not backed by her evidence. In several cases, she presents evidence that undermines her own claims. She supports her most central claim — that the FBI Agents introduced a claim about Flynn getting a response on UN sanctions — by arbitrarily cutting up notes and hiding the continuity of notes that in fact back the Agents.

Exhibit 1: A timeline

Exhibit 1 is a timeline that purports to show how the Deep State was out to get Flynn and how all the people involved in Flynn’s prosecution allegedly involved in abuse. Powell uses the timeline to suggest all the events that happened at DOJ and FBI over a two year was a focused effort to get her client and his boss.

The real evidence the government had long suppressed caused a cavalcade of major events—many within mere days of Mr. Flynn’s plea—and all unknown to him before it. Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she had edited Mr. Flynn’s 302 and was part of the small, high-level group that strategically planned his ambush. Lead Agent Peter Strzok was demoted from the Mueller investigation and ultimately fired. Strzok, who had met extensively with McCabe and the high-level, small group, was primarily responsible for creating the only basis for the charge alleged against Flynn. [emphasis original]

But the timeline is not “evidence” at all. For example, she includes a slew of events that we know don’t relate to her narrative, but which she claims do, including:

  • Andrew McCabe’s firing for (allegedly) lying to the Inspector General about leaking information that confirmed a criminal investigation into the Clinton Foundation during the campaign
  • Lisa Page’s departure from Mueller’s team, which texts to Strzok that Powell chooses not to include makes clear was planned from the time she joined Mueller’s team
  • Rachel Brand’s resignation (as well as the career moves of a bunch of other people that likely don’t relate to Flynn, but are probably best explained by Christopher Wray bringing in his own team)

The timeline includes notable gaps including:

  • President Obama’s warning to Trump not to hire Mike Flynn, based off issues that did not relate to Trump
  • Elijah Cummings’ letter to Mike Pence about Flynn’s problematic meetings with Turkey, which explains the urgency behind DOJ’s FARA questions
  • Mention of the December 23 and 31, 2016 calls from Kislyak to Flynn, which he also lied about; the December 23 call is utterly central to one of Powell’s key claims against the FBI Agents
  • Details around White House requests in early 2017 to see the information on Flynn, which explains some of the texts (indicating what a challenge it was to investigate Flynn and concerns about documenting his interview before he left) Powell elsewhere says are damning
  • The John Dowd call to Rob Kelner pressuring him not to cooperate

The timeline includes evidence that conflicts with Sidney Powell’s argument, including:

  • A quote from Strzok making it clear that in an unfiltered text to Page, he believed Flynn had lied
  • A description of how Rudolph Contreras recused from the Flynn case as soon as it would have become clear to him that Strzok was involved
  • A 302 from Lisa Page undermining her claim that there were “many” meetings to strategize on Flynn’s interview

Exhibit 2: Cherry-picked Strzok-Page texts

Exhibit 2 is a cherry-picked selection of texts from Peter Strzok and Lisa Page.

For example, Powell claims,

The belatedly-disclosed Strzok-Page texts make clear that the agents left the interview with a firm conviction Mr. Flynn was being honest, and they maintained that conviction despite strong expressions of disbelief and cries of “bullshit” from their colleagues.

But one of the texts she includes quotes Strzok describing his, “excitement knowing we had just heard him denying it all, knowing we’d have to pivot into asking.” That comment actually confirms that even in an unguarded moment, there was no doubt in Strzok’s mind that Flynn had lied about the events.

She claims that a text that very obviously pertains to Strzok’s ongoing efforts to pursue leakers — including leakers who harm Trump associates — and suggests it has something to do with animus against Flynn.

April 20, 2017, Strzok texts Page: “I had literally just gone to find this phone to tell you I want to talk to you about media leak strategy with DOJ before you go.” Ex. 2.

This text is instead proof that, rather than being part of a plot to leak information to harm Trump associates, Strzok and Page continued to pursue all leakers, including those damaging Trump associates.

Significantly, Powell does not submit a single text that shows animus towards Flynn personally, as opposed to Trump. Indeed, she includes a text discussing this article on how Trump picked Pence as a running mate; it mentions Flynn, but neither Page nor Strzok mention that (or any concern that he might have picked someone who was already regarded a counterintelligence concern).

Exhibit 3: Cherry-picked Comey memos

Exhibit 3 are two of Comey’s memos. I don’t think Powell ever gets around to using Comey’s first memo as proof FBI was using the briefing about the dossier to see how Trump would react (though the rest of her brief is consistent with that). Instead, she cites to the memos for two purposes, neither of which it supports. First, she uses it to make much of the fact that Comey briefed Trump on the dossier the day after he met with Obama’s National Security advisors.

Then Director Comey had briefed the President-Elect about these “salacious and unverified” allegations on January 6, 2017, a day after meeting in the Oval Office with President Obama, Vice-President Biden, Acting Attorney General Sally Yates, Susan Rice, James Clapper, and John Brennan. Ex. 3.

But of course, the timing has nothing to do with the dossier and everything to do with the fact that Comey, Clapper, and Brennan were briefing Trump on the same thing they briefed Obama on the day before: the preliminary results of the Intelligence Community Assessment. It’s evidence they were treating Trump as they should the incoming president, something that’s backed by other evidence.

She then uses the Comey memos (plus two Strzok 302s below) to support a footnote where Powell deliberately conflates what it takes to open a counterintelligence investigation (which, even ignoring how Powell claims one can only open an investigation if one has proof beyond a reasonable doubt about someone, can also be opened if someone is being targeted by foreign intelligence services) and what it takes to charge someone.

Under federal law, to establish that an American is acting as an agent of a foreign power, the government must show that the American is purposefully engaging in clandestine activities on behalf of a foreign power, and that it is probable that these activities violate federal criminal law. See FISA, Title 50, U.S. Code, Section 1801(b)(2). Mr. Comey and Mr. McCabe publicly admitted that in the summer of 2016, they took it upon themselves to single out four individuals associated with the Trump campaign for investigation. Admittedly, the FBI had no evidence that any of the four had committed a crime—much less that they “knowingly engage[d] in clandestine intelligence gathering activities for or on behalf of a foreign power.” Id; see Ex. 3.

The memo in no way supports the passage.

Powell unsurprisingly doesn’t include the two Comey memos that hurt her client’s claim. The January 27 memo describes Trump telling the FBI Director that, “he has serious reservations about Mike Flynn’s judgement,” which would seem to support FBI’s decisions to treat the Flynn matter seriously. In the February 8 one, Comey describes Reince Priebus asking if FBI has a FISA order targeting Flynn, something that would totally justify the FBI’s concerns about how they were dealing with and documenting an investigation of the National Security Advisor that Powell makes much of.

Exhibit 4: CNN article

Exhibit 4 is a CNN article quoting Strzok-Page texts where Page says the release of the Steele dossier may provide pretext to interview people, which is a clear reference to George Papadopoulos (everything in Steele about Flynn is OSINT). It also describes Strzok to be obviously aggravated by all the leaking going on, as well as discussions about how FBI tried to walk back a problematic NYT article that doesn’t mention Flynn, but instead focused on Paul Manafort and Roger Stone.

Exhibit 5: Peter Strzok’s 302 about Sara Carter and John Solomon’s propaganda

Exhibit 5 is a Peter Strzok 302 that Powell purports to include for what she claims is a quote from it.

In the next two weeks, there were “many meetings” between Strzok and McCabe to discuss “whether to interview [] National Security Advisor Michael Flynn and if so, what interview strategies to use.” Ex. 5.

Except that’s an egregious misquote of what the 302 actually says, which is,

I have attended many meetings with DD McCabe regarding Russian influence investigations, including meetings which discussed whether to interview former National Security Advisor Michael Flynn and if so, what interview strategies to use.

The “many” here refers to meetings about Russian influence generally, just a subset of those many meetings relate to Flynn. Nor does the 302 reflect that all those meetings happened in the two weeks before Flynn’s interview.

Powell also uses this 302 to claim that “they all knew” they had no basis to open the CI exhibit, as noted above. The only way this could be used to support the case is to take allegations included in a Sara Carter/John Solomon report claiming bias which (per the government’s last filing) was repeatedly debunked after this time, as truthful, even though Strzok says repeatedly in the 302 they’re not.

Exhibit 6: Peter’s Strzok’s 302 on his own role in the investigation

Exhibit 6 is the 302 recording a July 19, 2017 interview of Strzok describing his role in starting the investigation. Powell uses it, rather than “a seven-line summary of Ms. Yates statement,” they received in discovery, to support a claim about why Sally Yates was angry that the FBI interviewed Flynn.

Comey and McCabe were executing their own agenda—not investigating a crime. This is why, in Brady evidence still suppressed, Deputy Attorney General Sally Yates candidly opined that the interview “was problematic” and “it was not always clear what the FBI was doing to investigate Flynn.”8 This is also why Strzok admitted that Yates “was not happy” to learn of the interview and PDAG Axelrod argued with FBI General Counsel James Baker about the FBI’s unilateral decision to interview Flynn. Ex. 6.

To prove she needed the full Yates interview, Powell would need to describe what’s inadequate in the Yates summary, but she chooses not to.

Powell also uses this 302 to support the claim that “they all knew” they had no basis for a counterintelligence investigation, which it doesn’t support.

The other things that Powell uses this exhibit to prove is that the FBI — as it does for all witnesses!!!! — tried to stage the interview to be as useful as possible.

They purposely did not tell him they were investigating him and strategized at length to avoid raising any concerns. Ex. 6 (“Flynn was unguarded and clearly saw the FBI agents as allies.”).

[snip]

The agents did three briefings the day of the interview. They reported he had a sure demeanor, and he was telling the truth or believed he was—even though he did not remember it all. Ex. 6.

[snip]

” They purposely did not tell him they were investigating him and strategized at length to avoid raising any concerns. Ex. 6 (“Flynn was unguarded and clearly saw the FBI agents as allies.”).

Powell slightly misrepresents this, describing the FBI agents as believing that Flynn was telling the truth instead of saying, “both had the impression at the time that Flynn was not lying or did not think he was lying,” and she leaves out key parts of the rest of the description, including that he “did not give any indicators of deception,” which changes the meaning somewhat. In general, however, the description of how FBI planned the interview doesn’t prove bias at all on the part of the FBI; it proves they treated Flynn like they treat everyone.

Exhibit 7: Two pages of the Steele dossier

Exhibit 7 is the two pages of the Steele dossier which include the sole reference in it to Flynn.

Kremlin engaging with several high profile US players, including STEIN, PAGE, and (former DIA Director Michael Flynn), and funding their recent visits to Moscow.

[snip]

Speaking separately, also in early August 2016, a Kremlin official involved in US relations commented on aspects of the Russian operation to date. Its goals had been threefold — asking sympathetic US actors how Moscow could help them; gathering relevant intelligence; and creating and disseminating compromising information (“kompromat”). This had involved the Kremlin supporting various US political figures, including funding indirectly their recent visits to Moscow. S/he named a delegation from Lyndon LAROUCHE; presidential candidate JILL STEIN of the Green Party; TRUMP foreign policy adviser Carter PAGE; and former DIA Director Michael Flynn, in this regard and as successful in terms of perceived outcomes.

According to Powell’s own theory, the RT event took place long after the US government came to be concerned about Flynn as a CI threat, and according to her own claims, Flynn was already on Trump’s campaign at this time, so the FBI would have been reviewing these publicly known facts in real time. And while the Kremlin only indirectly funded these trips, both the Page and the Stein/Flynn trips were paid for, albeit by cut-outs. This is actually an instance where the Steele dossier only repeats generally true, OSINT facts.

Nevertheless, Powell uses it to misrepresent both the timing of Nellie Ohr’s research on Flynn (most of her research was done in 2015 and early 2016, and so was funded by Paul Singer) and why her spouse shared it with the FBI (to help them vet the dossier).

It was only much later the defense learned what the FBI already knew: This document had been bought and paid for by the Clinton campaign and the DNC. Both the FBI and Fusion GPS hired former British spy Christopher Steele. Fusion GPS was on the Clinton payroll, and it also hired Nellie Ohr—a Russia specialist with CIA ties whose husband Bruce was the fourth highestranking official in DOJ. Ms. Ohr was researching Mr. Flynn also, and his name appears twice in the “Steele dossier.” Ms. Ohr and Steele funneled their “work” through Bruce Ohr in a backchannel to the FBI, long after the FBI fired Steele for lying. Ex. 7;

Powell also uses it to demand a letter from MI6 on Steele that the NYT recently reported said that Steele was honest, but displayed questionable judgement (of the sort that might lead him to trust Oleg Deripaska).

Mr. Horowitz has asked witnesses about an assessment of Mr. Steele that MI6, the British spy agency, provided to the F.B.I. after bureau officials received his dossier on Mr. Trump in September 2016. MI6 officials said Mr. Steele, a Russia expert, was honest and persistent but sometimes showed questionable judgment in pursuing targets that others viewed as a waste of time, two people familiar with the assessment said.

Whatever Carter Page’s possible beef with the dossier, all the dossier does on Flynn is report what the FBI was (even according to Powell’s claims) already reviewing with Flynn. And a letter saying that MI6 thought Steele was honest is not going to change that.

Exhibit 8: Not-Comey’s description of Comey’s action

Exhibit 8 is Josh Campbell’s description of how Comey decided to send FBI Agents to interview Flynn without going through the White House Counsel (which Andrew McCabe nevertheless gave Flynn the opportunity to ask to do).

The government did not disclose this to Mr. Flynn until after Mr. Comey bragged about his breach on national television—not because Mr. Van Grack was complying with this Court’s order. This short video (https://www.youtube.com/watch?v=NxNhjFrjXqI) reveals Mr. Comey’s deliberate disregard for DOJ and FBI rules. In fact, Mr. Van Grack only disclosed a bland summary four days after Comey gloated about it on national television to a laughing audience— four days before Mr. Flynn’s scheduled sentencing, and because this Court entered its minute order of December 12, 2017. Dkt. 10. Mr. Flynn seeks disclosure of the full report of Mr. Comey’s conduct, any memos, notes, and 302s documenting his decision, which was admittedly the subject of “many intensive discussions” within the FBI. There must be at least notes of several others, including Comey’s Special Assistant Mr. Campbell, that document the efforts directed against Mr. Flynn. Ex. 8;

Powell uses Campbell’s description, which includes the line “screw it,” rather than a transcript of Comey’s statements that she links, which are far less inflammatory, presumably to assume that Campbell must have taken official notes of the many conversations he claims happened.

But this exhibit, like all the others on how FBI tried to optimize this interview, only shows that the FBI treated Flynn like they’d treat anyone.

Exhibits 9 and 10: Joseph Pientka and Strzok’s notes

Exhibits 9 and 10 are the notes that Joe Pientka and Strzok made, respectively, about the Flynn interview. This is the core of any legitimate argument Powell has, though here, as elsewhere, part of what she’s complaining about is normal FBI process where two Agents do an interview and then write up a 302.

Only the junior agent was taking notes during the interview. Strzok’s 302 of July 2017 says that he was handling the interview and his partner was taking notes. A 302 is to be written into Sentinel within five days. Notes are to be signed and dated by the notetaker. Inexplicably, we have two sets of notes with significant redactions—neither of which is signed and dated as required. Exs. 9, 10. Agent Strzok’s notes are far more detailed, lengthy, and written in a way that would not appear to be physically possible to write in a contemporaneous, casual setting. Ex. 10.

Powell’s claims that these notes weren’t dated or signed might have merit, though given that virtually all of her claims misrepresent key details, it’s hard to tell, especially with the way she presents the notes in screen caps followed by transcriptions.

She makes two other substantive claims about the notes. First, she claims that the notes (plus a copy showing changes made on February 10, which is Exhibit 11) falsely claim that Flynn stated that he did not ask for any specific action regarding the UN vote on Egypt’s resolution on illegal Israeli settlements.

Overnight, the most important substantive changes were made to the Flynn 302. Those changes added an unequivocal statement that “FLYNN stated he did not”—in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote. This is a deceptive manipulation because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on this issue. He had talked to dozens of countries. Exs. 9, 10, 11.

[snip]

Whatever Mr. Flynn said to anyone regarding the UN issues had nothing to do with the FBI’s alleged “investigation” about the 2016 election and could not be the basis for false statements “material” to that issue. According to the notes, he was not even sure he had spoken to Kislyak on that issue. Exs. 9, 10.

Perhaps Sidney Powell is this dumb, or perhaps she just thinks Emmet Sullivan is, but this is thoroughly dishonest. What Pientka’s notes show is that when Flynn was asked to offer up what contacts he had had with Kislyak, he described the following ones post-election:

  • A condolence call after Russia’s Ambassador to Turkey was killed on December 19, which Flynn described as happening “before Xmas, Mid-December day after assassination”
  • A condolence call after Russia’s military band crashed in Syria on Christmas Day
  • A single call on December 29

Then, when the Agents cue him again, he admits to:

  • The in-person Trump Tower meeting about setting up a back channel around December 1

Then, when asked about the UN vote, Flynn starts by saying, “that’s a good reminder,” then admits to calls with others, makes representations generally about all his calls regarding the UN vote where he claims he only asked about people’s positions, not to abstain, then ends by saying “Appreciate you reminding me that was another convo.” In context, that probably records — and at the very least is consistent with — an admission he spoke with Russia among his UN calls. And given his description of it occurring “Maybe Thurs-Fri prior to Xmas,” he dates it to December 22 or 23, when he claims his call was offering condolences for the assassination. (Powell splits these two up in Pientka’s notes, as she also does with the same exchange in Strzok’s notes, but the flow is clear; this is clearer in the full version of Strzok’s notes submitted with Exhibit 16)

Furthermore, Powell claims that “he talked to dozens of countries,” which she pulls from his comment about his general interactions with other countries. The notes make clear that he instead said he “talked to a bunch” of countries. It’s clear that Powell’s claim he spoke to “dozens” is false in any case, because Flynn was talking about the UNSC, on which there are just 15 members, and Flynn described how those numbers worked out — and the need to get just 5 to abstain — for the Agents.

In other words, what the notes actually show is Flynn lying about his reason for the call, being given an opportunity to fix the lie about the subject of the call, then making claims that would apply to all his UN calls (including the Russian one) that were themselves false.

In short, the notes actually appear to back the Agents.

Exhibit 11: Redline of 302

Exhibit 11 is a redline of Flynn’s 302 which, in Powell’s theory, was changed on February 10, after the press reported that Flynn didn’t speak about sanctions (as if the FBI would respond to press reports on something they already knew to be a lie), to make it more damning.

She’s concerned about two changes made in this section pertaining to the UN vote.

This section is the basis of the most inflammatory claim Powell made.

Those changes added an unequivocal statement that “FLYNN stated he did not”—in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote. This is a deceptive manipulation because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on this issue. He had talked to dozens of countries. Exs. 9, 10, 11.

Second, they added: “or if KISLYAK described any Russian response to a request by FLYNN.” That question and answer do not appear in the notes, yet it was made into a criminal offense. The typed version of the highly unusual “deliberative” 302 by that date already included an entire section from whole cloth that also serves as a criminal charge in the Information and purported factual basis regarding “Russia’s response” to any request by Flynn. The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not. Exs. 9, 10, 11

As shown above, because Flynn’s comments about his asks regarding the UN vote apply to all the countries in question, it would apply to the Russian one as well.

But as shown, the only way Powell can sustain this claim is to separate Flynn saying three things that are clearly all about the same topic into three different sections of her transcription:

  • That’s a great reminder
  • No hey if you do this
  • Appreciate you reminding me that was another convo

The “Appreciate you reminding me that was another convo” certainly is consistent with the December 23 call Kislyak made to say they weren’t going to abstain, because Flynn talks about it happening the Thurs-Fri before Xmas, which would be consistent with the ask on Thursday, December 22 and the response on Friday, December 23.

Note, too, that the charge that Flynn lied about getting a response from Russia would also apply to whether Flynn acknowledged getting a response back from Kislyak after the December 29 call. As she did with the UN notes, she splits these up too, so separates where Pientka notes “no recollection of that” from where he records Flynn saying, “Nothing long drawn out don’t do something.” Her transcription of “RePP?” and “I don’t, the conversation was on” doesn’t account for the possibility that this is a question — with question mark included — about Russia’s response.

Powell makes a more credible argument about the Agents recording that Flynn affirmatively stated he made 4-5 calls to Kislyak on December 29

Notes by both agents state that Mr. Flynn does not remember making four to five calls to Ambassador Kislyak from the Dominican Republic, where he was on vacation, but that if he did so, it was because phone service was poor and he kept getting dropped. “I don’t remember making 4-5 calls. If I did lousy place to call.” The final 302 states the opposite: “Flynn remembered making four to five calls that day about this issue, but that the Dominican Republic was a difficult place to make a call as he kept having connectivity issues.” Ex. 11. This dramatically demonstrates the wrongheadedness of allowing a 302 to create a federal felony.

But this issue is not an editing one, as the draft doesn’t change on this point.

More importantly, it’s not — as the UN question is — a charged lie.

Powell is right that the problem with charging false statements off a 302 is that the editing process is human, but that doesn’t change that the notes clearly back that Flynn told numerous material lies in his interview, and she doesn’t actually claim he didn’t.

Exhibit 12: Lisa Page rebuts Powell’s claim of “many” meetings to strategize Flynn’s interview

Exhibit 12 is a 302 with Lisa Page that, among other things, proves that contrary to claims the frothy right has made about Mueller’s team not checking about Strzok bias affecting the impact of the Flynn interview, Mueller’s team instead interviewed Page to check just that.

The 302 also disproves Powell’s claim that Strzok claimed he had attended “many” meetings about how to handle the Flynn interview. As reflected in Page’s telling, there was a meeting the night before, and one after the interview.

Powell doesn’t reveal that this 302 damages her story in key ways. Instead, she seems to include it to substantiate this claim:

Lisa Page, Special Counsel to Deputy Director McCabe, resigned; she had edited Mr. Flynn’s 302 and was part of the small, high-level group that strategically planned his ambush.

But she doesn’t actually cite the exhibit here. Nor does she in a later reference to Page editing the 302.

And for his third production, it gave the defense two pages on October 4, 2018. These go precisely to the issue of McCabe’s Special Counsel Lisa Page editing the Flynn 302. Ex. 2.

But in the second instance, the 302 actually shows that Brandon Van Grack provided Flynn texts reflecting Page editing Flynn’s 302 even before they had interviewed her (on October 25) to understand what they meant. That is, this detail shows how responsive Van Grack was, not that he was slow in turning things over.

In short, there’s no basis to believe Page altered the 302. Her edits, if they were actually incorporated, went through Bill Priestap, not Strzok. And she told the FBI that she would often edit things he wrote for grammar.

But unlike the frothy right, which has been harping on this point all weekend, Sullivan may never refer to that 302, because Powell didn’t appear to cite it.

Exhibit 13: WaPo reports on the Strzok-Page texts

Exhibit 13 is a WaPo report describing that Mueller reassigned Strzok in the wake of the discovery of his texts with Page. Powell provides this to substantiate a theory that Mueller’s prosecutors were pressuring Flynn to plead guilty knowing this would come out.

Not only did Mr. Van Grack not disclose a single text message before Mr. Flynn agreed to plead guilty, but Special Counsel apparently managed to control the press on the issue until the plea was entered on December 1, 2017, in Judge Contreras’s court. It defies credulity to suggest that it was only unlucky for Mr. Flynn that the story broke the very next day. Part of the evidence we request includes communications between the press and SCO, which will likely establish that Special Counsel intensified pressure on Mr. Flynn to plead immediately while it was pressuring the press not to explode the truth that destroyed the entire case. Karoun Demirjian, Top FBI official assigned to Mueller’s Russia probe said to have been removed after sending anti-Trump texts, THE WASH. POST (Dec. 2, 2017), https://www.washingtonpost.com/world/national-security/two-senior-fbiofficials-on-clinton-trump-probes-exchanged-politically-charged-texts-disparagingtrump/2017/12/02/9846421c-d707-11e7-a986-d0a9770d9a3e_story.html; MTC 11; Ex. 13.

Unfortunately for Powell, that doesn’t change the fact that according to her own timeline, Van Grack had already disclosed this three days earlier, and that the reason the texts came out is because Rod Rosenstein okayed their release in probable violation of the Privacy Act, something that Mueller’s team probably had no way of anticipating.

Exhibit 14: The InfoWars event Flynn co-headlined with Ray McGovern and Julian Assange

Exhibit 14 consists of materials from Flynn’s speaker’s bureau, which Powell submits to show that those events were solidly in the mainstream (which is absolutely true of the Kaspersky event).

Mr. McCabe pointed to Mr. Flynn’s “very public interactions with Vladimir Putin and other Russians.” These “interactions” seem to have arisen from the work of CIA/FBI operatives Stefan Halper and Joseph Mifsud, and bookings made by Mr. Flynn’s American speakers’ bureau, Leading Authorities (which books engagements for countless former government officials and prominent people). Leading Authorities booked him for three events with “Russian connections”: one in Moscow for RT and two in Washington. All were well attended by prominent persons from around the world because of the important issues discussed and the presence of other recognized experts on the programs. See Ex. 14; MTC 4, 16.

Yet among the other things these materials reveal are that the RT event featured Oliver Stone and Max Blumenthal on InfoWars (at a time when Russia had already kicked off its 2016 InfoWar against Putin).

It also featured Julian Assange and Ray McGovern on a panel about security and surveillance.

His talk to Volga-Dnepr Airlines was not recorded or open to the media.

The RT materials, while already broadly public, are especially damning, as they effectively show that Russia orchestrated his appearance, right alongside Putin, at the same event which a bunch of people who would later be part of the effort to deny Russia’s role in this infowar. A number of these people have been friends of mine (though they’re also among the people who’ve attacked me most baselessly once I started saying publicly that Russia did the hack), but they’re in no way the best experts to talk about infowars or how to balance privacy and counterterrorism.

Exhibit 15: Proof that Mueller’s team provided discovery before Flynn pled guilty a second time before Sullivan

Exhibit 15 is another timeline, this one providing the dates — but not the substance — of what Mueller provided in discovery in response to Emmet Sullivan’s order (note: it also gets at least some of the dates wrong, even as compared to her other timeline).

Powell claims in her brief that Flynn didn’t get all this material before he pled guilty the first time.

Neither Mr. Flynn nor his former counsel had any of these documents or knowledge of the plethora of information discussed above when Mr. Flynn entered his plea.

But Powell’s own timeline shows that every installment of the government’s production save one preceded the date last year when Flynn pled guilty again to Emmet Sullivan.

The exception is material handed over on August 16 of this year that relates to Flynn’s time at DIA which (given that it dates to at least two years before he committed the crimes in question) cannot be relevant to his crimes. Indeed, the government says that some of it is inculpatory.

Request #15: The government is not aware of any information in possession of the Defense Intelligence Agency that is favorable and material to sentencing, including the information that the government provided on August 16, 2019. Specifically, the information of which the government is aware, including that August 16 production, is either inculpatory or has no relevance to the defendant’s false statements to the FBI on January 24, 2017, or to the FARA Unit.

In short, Powell’s own timeline shows that the government complied with Sullivan’s standing order before Flynn pled guilty before Sullivan.

Exhibit 16: The handwriting analysis that doesn’t even try to disprove Strzok

Finally, there is Exhibit 16, a declaration from a handwriting analyst. Powell includes it to substantiate a demand for Strzok’s original notes of his interview with Flynn to investigate an “anomaly” that she doesn’t describe (making this request moot from a Brady standpoint).

Agent Strzok’s notes are far more detailed, lengthy, and written in a way that would not appear to be physically possible to write in a contemporaneous, casual setting. Ex. 10. The defense requests production of the actual, original notes, and handwriting samples of Strzok of contemporaneous and non-contemporaneous notes to evaluate another anomaly that further calls into question the entire effort by the FBI to manipulate and set up Mr. Flynn, and its report of that interview. Ex. 16.

But as her expert lays out, getting Strzok’s original notes would not be enough, because he would also need a baseline of how Strzok takes notes.

If additional comparable6 notations of Agent Strzok written under similar conditions could be obtained and submitted for analysis, it may be possible to determine whether the (Q-1) notations were prepared as purported. In consideration of both the observations made, as well as limitations present, further analysis of the original evidence would likely be necessary to support any definitive conclusions in this matter.

Ultimately, her expert says he can’t make any conclusions about whether the notes were “written during the course of the January 24th interview, or prepared at a subsequent time period.”

Based upon the inherent limitations arising from the examination of non-original evidence, compounded with the lack of any known comparison handwritten notations of Agent Peter Strzok (i.e., other non-contested handwritten notations prepared under like conditions), it has been determined that no conclusion can be rendered as to whether the submitted (Q-1) notations were written during the course of the January 24th interview, or prepared at a subsequent time period.

But as Powell makes clear in the very same paragraph where she makes this demand, no one claimed that Strzok wrote these notes during the interview. Only Pientka’s notes were taken during the interview (which is, again, one of those potentially bad things that is normal for FBI interviews that Powell thinks shouldn’t happen with her client).

Only the junior agent was taking notes during the interview. Strzok’s 302 of July 2017 says that he was handling the interview and his partner was taking notes.

So Powell uses this expert to claim she needs the original of Strzok’s notes to prove that he wrote them at a time he didn’t write them.

Which sounds like the definition of sanctionably frivolous behavior.

What Durham Might Be Looking At

Last night, the NYT and other outlets reported that the Durham probe has become a criminal investigation. While no outlets have reported precisely what crime Durham might be investigating, the news comes amid other news that may provide a clue. (I’m posting this without links for now, but will go back and try to add links later.)

Thus far, only a coerced Ukraine has fueled the foreign conspiracy theories

George Papadopoulos has been tweeting that his conspiracies will soon prove true. But thus far, other countries disagree. Multiple outlets have reported that Italy told the US that they had no ties to George Mifsud. Australia has said that the US has mischaracterized what Alexander Downer did, implying that he simply documented something suspicious (Papadopoulos bragging that Russia would help Trump) that was later shared with the FBI. The UK has said they have nothing more to share beyond what they shared in 2016, a memo stating that Christopher Steele was honest and persistent if a little too inclined to chase sources (like Oleg Deripaska) who weren’t worthwhile.

The one thing that Bill Barr’s field trips have come up with so far are dated Mifsud phones.

In short, aside from the corrupt oligarch-backed former Ukrainian prosecutors, no foreign country is backing Papadopoulos’ theories.

Horowitz announces he’s still working on the FISA IG Report, which will be lightly classified

The timing of the Durham investigation becoming a criminal probe coincides with Michael Horowitz’s announcement, to Congress, that he’s still working on the FISA IG Report, but that it will just be lightly redacted. It’s possible, then, that he made a criminal referral out of the report, and Durham is investigating that.

I can’t think of any genuinely criminal behavior that I expect to see in the report, unless Horowitz refers either Glenn Simpson or Christopher Steele for false statements, the former to Congress and the latter in court filings.

If Horowitz’s report is broader than that, however, it might include other referred conduct, such as the leak of either the existence of a transcript between Mike Flynn and Sergei Kislyak (which Sidney Powell has alternately claim came from someone at Office of Net Assessment or James Clapper, the latter of whom is an Original Classification Authority) or that Jim Comey briefed Trump on the Steele dossier (a reference in Powell’s latest suggests she thinks Josh Campbell is the source).

Clearly, Durham is examining several circumstances of how Stzok opened the investigation, such as that (because they wanted to act quickly in the wake of the publication of the WikiLeaks emails) he opened it on a weekend, and signed the authorization himself. Recent reports say he has expanded his scope to include events that preceded Mueller’s appointment, meaning he’s clearly looking at events in early 2017.

Sidney Powell insists, again, her expert intelligence officer client got duped

As I’ll note in a follow-up, Sidney Powell has submitted her latest filing arguing that Mike Flynn should be let free as an honest child. In some ways, it’s a less ridiculous filing than her past efforts, as she actually gets around to making allegations. Effectively, she is submitting her opening brief as the reply, perhaps in a concerted effort to prevent the government from pointing out all the gaping holes in it.

Ultimately, it sill comes down to a claim that poor Mike Flynn, who all agree is an accomplished liar, couldn’t handle an FBI interview without lying and lying and lying.

And as part of that, Powell submits more information proving that, whatever Strzok’s alleged animus towards Trump, he still treated Flynn with almost too much respect.

In short, there may be real crimes he’s investigating, or reconsidering past charging decisions, especially leaks.

But at least thus far, Durham has spent six months without corroborating the main conspiracy theories about the investigation.

Judicial Watch Sues DOJ and Obtains Proof that Mark Meadows and His Propagandists Are Conspiracist Idiots

Just over a year ago, on August 11, 2018, the President accused the “Fake News Media” of refusing to cover “Christopher Steele’s many meetings with Deputy A.G. [sic] Bruce Ohr and his beautiful wife, Nelly [sic].” It was the first of around 26 attacks Trump launched against the Ohrs on Twitter over the year.

Trump reported that the FBI received documents from Ohr, which was true; the FBI asked for them as part of vetting the Steele dossier and understanding how it related to Fusion GPS’ other work. Trump complained that Nellie Ohr investigated members of his family for pay (true) and then fed it to her husband who gave it to the FBI; Trump didn’t reveal that FBI asked for the documents and that Steele’s efforts and Nellie’s were separate.  The President claimed that Ohr “told the FBI it (the Fake Dossier) wasn’t true, it was a lie and the FBI was determined to use it anyway,” which was an exaggeration (Ohr said he believed that Steele believed his sources were telling him the truth, but Ohr described that all sorts of conspiracy theories could be spread from the Kremlin). Trump misquoted Ohr sharing with the FBI Steele’s concern that his sources would be exposed in the wake of the Jim Comey firing as a suggestion that Ohr was worried he, personally, would be exposed, which then got further misquoted by Fox propagandists. Trump accused the Ohrs of profiting off the dossier several times, “Bruce & Nelly Ohr’s bank account is getting fatter & fatter because of the Dossier that they are both peddling.”

Over the course of that year, Trump called for Bruce Ohr to be fired at least six times. “How the hell is Bruce Ohr still employed at the Justice Department? Disgraceful! Witch Hunt!”

And yet, documents obtained under FOIA released by Judicial Watch in recent days (Ohr’s 302s, Ohr’s comms) show that virtually all the allegations made to fuel this year long campaign targeting Bruce Ohr are false. It is true that Bruce Ohr had ties to Christopher Steele going back almost a decade and was part of a network of experts combatting organized crime who compared notes (as was his wife Nellie, if the organized crime in question pertained to Ukraine or Russia). It is true that Ohr met with Steele in July 2016 and learned four things, two from the dossier (some version of Russian kompromat on Trump and allegations about Carter Page)  and two not (Oleg Deripaska’s misleading claim to be prepping a legal attack on Paul Manafort and something related to Russian doping), which he passed on to the FBI. He also met and passed on information from Glenn Simpson later that fall, though given the team he met with at DOJ, the information may not have been sourced from the dossier and may have focused on the crimes Manafort has since pled guilty to. Neither of those meetings, however, are covered by the FOIAed documents. Moreover, Judicial Watch has not yet obtained documents from after May 2017, which (based on texts between the two that have been released) could show Steele trying to grill Ohr for details about ongoing investigations into his work. Maybe some day Judicial Watch will find a document that substantiates their attacks.

What the documents released so far don’t show is that Ohr served as some kind of “back channel” to the FBI via which Steele submitted new allegations. As I noted, Ohr’s 302s suggest there were three phases of communications covered by the 302s involving Steele (and Simpson) and Ohr. During the first — November 22 to December 20 — Ohr appeared to be helping the FBI understand Simpson’s project and Steele’s data collection process. He offered critical comments about Steele’s sourcing (noting that lots of fantastic stories come out of the Kremlin), appeared to prod Simpson for what he knew about Steele’s sourcing and then shared that information with the FBI, when he didn’t know answers to FBI questions (most notably, about whether Steele was involved in a key Michael Isikoff story), Ohr asked Simpson and reported the answer back to the FBI. Ohr offered up details about who else might have been briefed by Steele and why Steele was speaking to so many people.

Ohr would have done none of this if he were aiming to serve as a back channel to ensure Steele could continue to feed information to the FBI. The fact that members of the frothy right have, in recent days, focused on previously unknown details that Ohr shared with FBI’s Bill Priestap (such as when Victoria Nuland got briefed by Steele) is a testament to the fact that Ohr was not trying to hide a network of Steele contacts, but instead was helping FBI to understand them. Ohr cannot, simultaneously, be a source for unique knowledge for the FBI and at the same time be part of a Deep State plot aiming to feed the FBI new intelligence from Steele via as many different channels as possible.

Importantly, the main incidences where Ohr gave the FBI materials originating from Fusion — the materials include a timeline on Paul Manafort’s ties to oligarchs, a table showing Trump’s ties with suspect Russians, 137 pages of narrative backup for some of the table (part of which appears at PDF 216 to 299; Judicial Watch did not release this research as an independent link, presumably because it damages their narrative), and the latest version of the dossier from Simpson — came during that vetting period. Indeed, at the meeting where Ohr obtained a copy of the dossier from Fusion — according to his congressional testimony, at least, the only time he ever handled it — was the same meeting where he tried to get Simpson to tell him who Steele’s sources were (see PDF 33), information he passed onto the FBI. What the frothy right should do, if it had a single honest journalist left, would be to admit that Mark Meadows had them chasing a hoax for a year, but now that they can see the underlying evidence, it’s clear Meadows was wrong, lying, or perhaps opposed to the FBI doing the same kind of vetting that he imagines he himself to be doing.

Similarly, the frothy right is spinning what Nellie Ohr’s research shows in utterly deceitful ways. For much of the last year, the story was that Nellie’s work was an integral part of Steele’s dossier, a story that formed a critical part of any claim that Bruce Ohr would have some incentive to prop up the credibility of the dossier (which, as noted, the record shows he didn’t do). Her research shows that, in reality, there is little overlap between her research and Steele’s. There are over 75 names listed in her table of sketchy ties with Russia. The only identifiable overlap with the dossier are the Agalarovs, Mike Flynn, Paul Manafort, Sergei Millian (to the extent he really is one of the subsources for the dossier), and Carter Page. The Flynn and Manafort (and to some degree the Page) stuff goes beyond what is in the dossier.

In addition Nellie’s research includes others who should have been included in any solid HUMINT on what Trump was up to, starting with Felix Sater and Konstantin Kilimnik (but also including Michael Caputo and Giorgi Rtskhiladze). Chuck Ross notes these names in a piece on Nellie’s research, but doesn’t acknowledge the ways their inclusion undermines the conspiracy theories he has been peddling. I said in January 2018 that this open source research would probably have been more valuable for the election than the dossier, and I stand by that.

And look at the dates on Nellie Ohr’s research and the number of reports for each date (something else that Ross ignores the significance of):

  1. November 23, 2015 (12)
  2. December 14, 2015 (19)
  3. February 12, 2016 (8)
  4. February 13, 2016 (1)
  5. February 27, 2016 (1)
  6. March 4, 2016 (5)
  7. April 14, 2016 (2)
  8. April 22, 2016 (5)
  9. May 7, 2016 (1)
  10. May 13, 2016 (2)
  11. May 20, 2016 (1)
  12. May 27, 2016 (2)
  13. June 3, 2016 (1)
  14. June 10, 2016 (1)
  15. June 17, 2016 (4)
  16. June 24, 2016 (2)
  17. June 25, 2016 (3)
  18. July 1, 2016 (4)
  19. July 6, 2016 (3)
  20. July 9, 2016 (1)
  21. September 19, 2016 (2)
  22. September 22, 2016 (1)

Perhaps half of Nellie’s Ohr’s dated reports in this table date to before the Democrats started paying Fusion (that was sometime in April or May 2016, with Steele coming on around June 2016), and well more than half of the actual dated reports are from the primary period. That means that GOP billionaire Paul Singer, and not the Democrats, paid for much of the Nellie Ohr research in the table that the GOP is squawking about.

The GOP is squawking less about Nellie Ohr’s Manafort timeline (which is odd considering some of what Steele shared through Ohr consisted of Manafort details not reported in the dossier). But it’s worth mentioning that some of the same frothy right propagandists complaining here were instrumental in magnifying oppo research targeting John Podesta in 2016. The folks who made much of John Podesta’s stolen emails can’t complain about public source research focusing on Manafort’s corruption.

And for all the frothy right’s focus on Nellie Ohr’s interactions with Bruce’s colleague Lisa Holtyn (with whom Nellie clearly had a direct professional and personal relationship), they don’t mention this email to Holtyn, which suggests that Nellie has absolutely no clue about the connection that Fusion had with this anti-Magnitsky event that Natalia Veselnitskaya and Rinat Akhmetshin were involved in.

That provides some support to Simpson’s claim to Congress that the people working on the Trump oppo research were compartmented from those working on the Baker-Hostetler project tied to the June 9 meeting (though Nellie was never the most likely overlap).

As to two smoking guns that Mark Meadows claimed to have found when he referred Nellie Ohr for criminal prosecution earlier this year, the first is that at Holtyn’s suggestion, Nellie met, informally, with two organized crime prosecutors,  Joe Wheatley and Ivana Nizich, presumably to give them background on certain aspects of Russian and Ukrainian organized crime. Judicial Watch has focused on the set-up of the meeting, in which Bruce noted it should not be a conflict since Nellie would not be paid. They haven’t noted that Holtyn describes (PDF 31) her colleagues’ interest in the topic to be “some things that they are working on currently” which, if it’s a specific case, she’s careful not to mention directly, but sounds more like enterprise investigation. That kind of meeting is utterly consistent with Nellie’s claim to have no knowledge of ongoing investigations, Russian or otherwise.

Moreover, the aftermath of the meeting (PDF 24) certainly reflects that informal nature.

Meadows claims that this exchange (Nizich and Wheatley continued to exchange information from Nellie afterwards, but this is the only written discussion of a meeting) proves Nellie Ohr lied in this exchange with Democratic staffers Arya Hariharan and Susanne Sachsman Grooms last October.

Q You’ve never worked for the Department of Justice, correct?

A Correct.

Q You don’t currently work for them?

A Correct.

Q So you would not have any knowledge of what is going on in an ongoing investigation?

A Correct.

Ms. Sachsman Grooms. Just to make that one crystal clear, did you, at the time, that you were working for Fusion GPS have any knowledge of the Department of Justice’s investigations on Russia?

Ms. Ohr. No.

As to Meadows’ second allegation, he says that by sharing research on Zakhariy Kalashov, a Russian mobster, with Wheatley and Nizich, Nellie proved knowledge of an ongoing investigation and (he insinuates though doesn’t say directly) shared her Fusion research with people outside of Fusion and her spouse. (Best as I can tell, Judicial Watch hasn’t released this yet, but they have a habit of sitting on documents so it’s unclear if DOJ has released it to them.) If that’s true, Meadows must know Kalashov has some tie to Trump, which is not alleged in any of Nellie’s work for Fusion.

If it were true, I’m pretty sure it would have become a campaign issue.

Meadows has, at several times in his efforts to delegitimize the information sharing by a small network of people who compare notes on Russian organized crime, gotten shockingly close to suggesting that daring to investigate Russian criminals — whether they have any tie to Donald Trump or not — should itself be criminalized. This is one such instance.

But that’s not the most remarkable piece of evidence included these latest releases Judicial Watch that demolishes the attacks on the Ohrs.

That majority of the documents involving Nellie Ohr turned over to Judicial Watch involve not — as you might expect if you read the frothy right — evidence of a Deep State plot. Rather, they are tedious discussions of Ohr’s travel plans, which he either forwarded to Nellie (perhaps because she scandalously likes to know what country her spouse is in or even likes to pick him up from the airport) or discussed the inclusion of Nellie on trips where spouses were invited. Bruce Ohr spends a lot of time figuring out what kind of per diem he’s permitted and seems to travel on a range of airlines (meaning he’s not maximizing frequent flier miles from his work travel, as most business travelers, myself included, like to do). But the most remarkable bit of tedium regarding travel — for a trip to Riga — shows that Bruce Ohr went to some effort to ensure he only claimed €105 a night reimbursement for hotel, rather than €120, because the additional €15 was a charge associated with Nellie’s inclusion (on the same trip, he also didn’t submit for reimbursement for parking at the airport).

This is a couple that has been accused, by the President of the United States — a guy who never met a grift he didn’t love — of sharing information on Russian criminals not because they want to keep the country safe, but to make their bank account “fatter & fatter.”

It turns out, instead, that they’re the kind of people who make sure taxpayers don’t pay an extra €30 for an overseas business trip.

Of course the frothy right hasn’t admitted how obscene it was for Donald Trump to accuse the Ohrs of self-dealing.

Who knows? Maybe Judicial Watch will one day discover the smoking gun that Meadows has been claiming to have found against the Ohrs. Maybe the details surrounding the 2016 communications or Steele’s efforts to undermine the investigation into his work will actually make the Ohrs into the villains they’ve been cast as for the last year.

And certainly, all that’s a different question than Simpson’s candor or the overall wisdom of Steele’s project.

But as far as the Ohrs go, what the evidence that Judicial Watch worked hard to liberate proves is that the President and Congressman Meadows owe this couple an apology — and the frothy right should stop prostrating themselves by parroting what Meadows tells them is there and begin describing all the ways these documents prove their past reporting to be a hoax.

The Ohr 302 Exemptions

As I noted yesterday, the FD-302s of FBI’s conversations with Bruce Ohr released to Judicial Watch the other day are unremarkable. The scope of Judicial Watch’s request left out the time periods — before Ohr was handed off to another FBI Agent after the election, and after Mueller was hired — that would be the most interesting. But what we do see shows that FBI first reached out to Ohr in an effort to assess the Steele dossier production, and Ohr was able and willing to chase down answers for the FBI that go to issues of credibility. Later, Steele reached out to Ohr in a panic about what would happen as Congress scrutinized his work more closely; in what we see, those conversations were not inappropriate (which is not to say I’m sympathetic to Steele’s concerns, given how he publicized his work). Though given Ohr’s notes, they may have been later in the year; at a minimum, they show how aggressively Steele was trying to prepare a public story that ended up being quite partial.

In my opinion, the FOIA exemptions are the most interesting aspect to the 302s. We can learn a bit from the things DOJ chose (or felt obligated) to protect. Here’s a short guide to FOIA exemptions and here’s DOJ’s more thorough one.

The less interesting redactions are for the following purposes:

  • b7C/b6: Protects privacy, used here to protect everything from Steele’s name to other sources
  • b7D: Protects confidential sources (both Steele and his sub-sources would get some protection)
  • b7E: Protects law enforcement techniques, including the bureaucracy of writing up 302s

The exemption, b3, protects information protected by statute, often the National Security Act. For example, that’s one of the exemptions (along with privacy and law enforcement technique exemptions) used to protect boring bureaucratic details about the case file. But it’s interesting in one instance.

The discussions, starting on PDF 14, of how Steele was panicking about one of his sources are protected for privacy, source, and b3, statute (as well as, sometimes, law enforcement technique).

That’s interesting, because FBI is not saying this person’s identity is classified. Nor is it saying that this person is credibly at risk of being killed, which would be a b7F (which is what they’d use to protect our own recruited agents). But they are according Steele’s source some kind of statutory protection.

The exemption, b1, protects classified information. It’s a measure, in these discussions about someone who used to work as an intelligence officer for an ally and who continues to collect HUMINT, of what the DOJ or other agencies considers genuinely classified (and doesn’t always line up with the initial or FOIA review classification marks on the paragraphs). For example, a paragraph describing how Ohr first met Steele — which appears in unredacted form in Ohr’s congressional testimony as follows — is protected by both a b3 and b1 exemption, presumably to protect references to MI6.

I believe I met Chris Steele for the first time around 2007. That was an official meeting. At that time, he was still employed by the British Government. I went to London to talk with British Government officials about Russian organized crime and what they were doing to look at the threat, and the FBI office at the U.S. Embassy in London set up a meeting. That was with Chris Steele. And there were other members of different British Government agencies there. And we met and had a discussion. And afterwards, I believe the agent and I spoke with Chris Steele further over lunch.

A more interesting redaction appears on PDF 8, in a series of paragraphs where the Agent was asking Ohr whether about his personal knowledge of certain aspects of Steele’s work, such as whether he had witnessed Steele’s meetings with Jon Winer. One of those paragraphs is redacted, in part for b3 and b1 reasons, and classified Secret. Whatever that protects, it’s a reminder that Ohr and Steele had real discussions about organized crime in the past.

By far the most interesting exemptions, however, are what FBI has chosen to protect because of ongoing investigations, exemption b7A, starting with what they have not protected: these conversations, generally.

The frothy right believes that Bruce Ohr should go to prison because he shared information about suspected Russian crimes with other experts in the subject. Ohr’s role in the dossier has presumably been under scrutiny for some time as part of DOJ IG’s investigation into the basis for Carter Page’s FISA application. In addition, Christopher Steele and Glenn Simpson have both been referred to DOJ for suspected lies to Congress, the latter more credibly than the former. With one significant possible exception, there’s nothing in these 302s that has been protected for either of those reasons. Ohr’s earlier and later conversations with Steele would be more pertinent to those inquiries (and there’s reason to believe the later ones are being treated as such), but some of these 302s would clearly be too. But FBI has determined they can release these files. That’s interesting, especially, because of the history of this FOIA:

  • August 6, 2018: Initial Judicial Watch FOIA
  • September 10, 2018: JW sues
  • March 15, 2019: DOJ tells JW the files are being withheld in full
  • March 22, 2019: Conclusion of Mueller investigation
  • April 1, 2019: Status report states that FBI is evaluating impact of conclusion of that investigation on FOIA
  • May 8, 2019: DOJ still considering whether FBI can release the files
  • July 25, 2019: DOJ decides it can release the files in part

As recently as August 5, DOJ said it was “still engaged in internal discussions about the redactions necessary to release the requested records to the public.” In other words, a very recent review of these files has determined that files showing how FBI handled the mid-term discussions between Christopher Steele and Bruce Ohr may be released to the public.

The big possible exception pertains to details of the original conversation on Trump and Russia with Steele.

Steele’s initial conversation

The paragraph describing what Steele first told Ohr back on July 30, 2016 is redacted for b1, b3, and b7A reasons.

The redactions in this passage include the entirety of Steele’s explanation for the “over a barrel” comment, which is interesting because other agencies have released these details (which may name the people boasting they had kompromat on Trump). The paragraph also redacts part of the discussion of Deripaska preparing to bring details on Paul Manafort’s “theft” from him to US authorities. That may be for privacy reasons,  but — assuming the order is the same in the interview and the notes, but it seems Ohr was reading verbatim — both are redacted for ongoing investigation reasons in Ohr’s notes released in December.

If, as seems to be the case, Page was not redacted as part of an ongoing investigation in either of these suggests the early Ohr conversation is not one being scrutinized by DOJ IG on the FISA application (especially given the notes were released in December, well before the IG had come close to finishing, as has been reported).

Note, Ohr turned over notes from during and after the meeting with Steele to the Agent. Just these notes were released in December, meaning the notes he wrote after the meeting must be among the 6 pages of Ohr’s notes withheld in that December release, in part to protect an ongoing investigation (that could be consistent both with the known DOJ IG investigation into the origins of the investigation, and an investigation into those two allegations).

One other thing in that first interview pertains, per the redaction to an ongoing investigation: a discussion of a post-Ukrainian invasion meeting involving Ohr, Steele, and oligarchs (possibly, though not definitely, Russian).

 

The description seems to match a meeting Steele is known to have set up with Deripaska (though that meeting was in 2015).

Oleg Deripaska

The treatment of one known Deripaska reference and this reference to cultivating oligarchs as sources (earlier in 2016, Steele had been trying to get DOJ to use Deripaska as a source) is particularly interesting given that, what appear to be additional Deripaska references, are also redacted to protect an ongoing investigation.

A significant chunk of the 302 memorializing the February 6, 2017 interview protects an ongoing investigation.

There are good reasons to think this is a reference to Deripaska. Steele worked for Deripaska lawyer Paul Hauser, and Deripaska was interviewed in September 2016. Deripaska would be directly implicated in the election (two months after this interview, Deripaska was sanctioned).

This may reflect a conversation directly with Hauser though, as the Steele reference in this interview was covered in entirely in a WhatsApp chat. Given the redaction, it’s also possible that Ohr took notes, which would be among the 6 pages not turned over because of an ongoing investigation.

And while less definitive, this passage from the February 14 interview of Steele referring to which lawyers he was working for could also be the Hauser work.

Given the withholdings on Ohr’s note from the meeting, the ongoing investigation does pertain to Steele’s client.

If it is Deripaska, it would suggest that Steele was financially dependent on his Deripaska work, as the other client mentioned, Bilfinger, wasn’t paying him (which he complained about to Ohr).

[Note, this note also has what looks like a reference to “Snowden report,” which makes absolutely no sense to me, so I assume I’m misreading it.] Update: This is likely a reference to the report, from the day before, that Russia was offering Snowden to Trump.

It has long been troubling that Steele had an ongoing relationship with Deripaska during the time he worked on the dossier. It’s clear that Deripaska used Steele to misinform DOJ that he was upping the pressure on Manafort, hiding that Manafort was instead making a desperate — and somewhat successful bid — to get back on Deripaska’s payroll.

A good deal of the ongoing investigation redactions in these Ohr 302s suggest DOJ continues to be interested in all that, as well.

Alfa Bank

The other ongoing investigation redactions are far more surprising, as they suggest (though this is far less definitive than the Deripaska tie) that DOJ may continue to investigate … something pertaining to the Alfa Bank allegations.

The initial reference to Alfa Bank, from the November 22, 2016 interview and discussing his September 2016 meeting with Glenn Simpson, is not protected as part of an ongoing investigation — though what appears to be a continuation of a discussion of it is treated as classified.

But a follow-up reference to Alfa bank does seem to be redacted as part of an ongoing investigation. These two paragraphs from the December 12, 2016 interview of Ohr, at PDF 11, have just one exemption explanation, including the b7A ongoing investigation one.

It’s certainly possible that the second paragraph is unrelated, and that’s what pertains to the ongoing investigation. But treating them as the same FOIA exemptions suggests they’re related.

In the same interview, Ohr explained that when he asked Simpson if he was concerned about his personal safety, Simpson,

mentioned that someone called and asked him to find out where all of the Alfa Bank stories were coming from. Simpson did not state this was a threat from the Russians, but that was the impression made upon OHR based upon the timing of the comment and using that story as a response to OHR’s question.

This seems to suggest more than one Alfa Bank story.

Also note two things. First, when the NYT first got the story of Jared Kushner’s “back channel” meeting with Sergey Gorkov, they had it as a meeting with Alfa Bank (though they misspelled it in the same way that Steele’s dossier did). That meeting would take place four days after Simpson raised whatever crazy tip he got, on December 13.

Kushner agreed to meet with Gorkov. 1151 The one-on-one meeting took place the next day, December 13, 2016, at the Colony Capital building in Manhattan, where Kushner had previously scheduled meetings. 1152

Also, during this period, Petr Aven was trying to reach out to Trump’s people on direct orders from Putin.

In December 2016, weeks after the one-on-one meeting with Putin described in Volume I, Section IV.B.1.b, supra, Petr Aven attended what he described as a separate “all-hands” oligarch meeting between Putin and Russia’s most prominent businessmen. 1167 As in Aven’s one-on-one meeting, a main topic of discussion at the oligarch meeting in December 2016 was the prospect of forthcoming U.S. economic sanctions. 1168

After the December 2016 all-hands meeting, Aven tried to establish a connection to the Trump team. Aven instructed Richard Burt to make contact with the incoming Trump Administration

It’s highly unlikely that Simpson got wind of any of those things; we would have heard about it. I raise these other instances not because I think Simpson had them, but because it’s clear Mueller chased these Alfa leads much further than we otherwise knew, and the leads themselves still seem not to have amounted to anything (even while showing that Putin leveraged the threat of election-related sanctions on the one bank that was legally acceptable in the west at the time, Alfa, to get its oligarch to join his efforts to cultivate Trump).

These Alfa allegations all still seem to be fluff. But even so, the redactions in the second reference may suggest there’s something here of continued interest to the FBI.

Update: I’ve taken out Bill Priestap’s name, as that was incorrect reporting when this came out.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

The Unremarkable Bruce Ohr 302s

Last night, Judicial Watch (and DOJ) released some of the FD-302s (FBI interview reports) between Bruce Ohr and the FBI. This post will lay out what they include.

As a reminder, Ohr is a top DOJ expert on Russian organized crime. He has known Christopher Steele since 2007 and Ohr’s wife — who is an expert on Russia — did some work for Fusion GPS during the election that was related to, but not part of, Steele’s work for Fusion. Ohr and Steele had conversations in 2016 about a range of things, including Oleg Deripaska (for whom Steele was doing work and who Steele trusted far more than he should have), Russian doping, and Trump’s ties to Russia.

Starting on July 30, 2016 and continuing through November 2017, Steele shared first his Trump-related information with Ohr, and then his concerns about how his dossier was all blowing up, including his concern for at least one of his sources. After Steele was cut off as a paid source in November 2016, FBI had Ohr communicate with a Supervisor [note, this was incorrectly reported as Bill Priestap when JW released these], who was a top counterintelligence person at FBI, whenever he spoke with Steele as a way to stay in touch with the former British intelligence officer, at first as part of vetting the dossier, and later to monitor where he was at.

This release of 302s is partial (though that’s based on Judicial Watch’s request, not FBI’s response). It doesn’t include any record of Ohr’s conversations with FBI and DOJ prior to November 22, 2016 (which include at least an early August meeting with Andrew McCabe and Lisa Page and a fall meeting with Page, Peter Strzok, Andrew Weissmann, Zainab Ahmad, and Bruce Swartz). It also doesn’t include Ohr’s communications after May 2017. Thus, it explicitly would exclude any information about how Mueller treated the dossier, details of what FBI and Steele did to try to limit Congress’ investigation into the role of the dossier, and whether and how FBI investigated possible false statements from Steele and (especially) Glenn Simpson.

In addition, while DOJ already released a lot of the backup to this (including Ohr’s communications with Steele and Simpson and some but not all of his notes), Judicial Watch has apparently not posted something DOJ already provided them, which is a file “Manafort Chronology” that JW received in an earlier lawsuit (I’ve asked JW for that file; they say they’re still processing it, even though they received it before these 302s). That document would presumably make it clear (as if the investigative team Ohr met with didn’t already) that more of what Ohr passed on to FBI from Steele before the election would pertain to Manafort, not Carter Page.

These meetings covered by the 302s seem to be broken into three groups:

  • November 22 to December 20: FBI’s review of Steele’s reporting process and collection of relevant materials
  • January 25 to February 14: Steele and Simpson express their panic in the aftermath of the dossier publication to Ohr
  • May 8 to 15: Steele’s panic about Congress increases, FBI offers to set up an FBI contact

November 22, 2016

This meeting was obviously an introductory meeting between Ohr and the Agent. He describes how he first met Steele (which partly redacted here but not redacted in his testimony to HJC/OGR). There’s a redacted comment that probably reflects Ohr’s view of Steele’s sources. That probably pertains to one or more oligarchs, because Ohr then explains his own opinion about the willingness of oligarchs to share information; this paragraph has been redacted because of an ongoing investigation, as has the paragraph describing Ohr’s summary of his meeting with Steele in July 2016 (which Ohr told McCabe about within days). There’s a reference to these notes from July (see PDF 31)

When these notes were released in December 2018, both the source for the “over a barrel” comment and Deripaska’s threats against Manafort were protected for ongoing investigation; at least in this paragraph, some of both are unsealed.

Ohr then explains what he knew about the Fusion GPS oppo research project, including that Simpson was passing the information on to “many individuals or entities.”

It’s clear that Ohr was asked about Michael Isikoff’s Yahoo article on Carter Page. Ohr described meeting with Simpson and Steele around that time, but his focus was instead on the Alfa Bank server allegation, which I’l return to.

Pristap also must have asked Ohr whether Steele made up his allegations, which Ohr said he did not believe Steele had done. Ohr explained that “there are always Russian conspiracy theories that come from the Kremlin.” He stated that he believed that Steele was just reporting what he heard, “but that doesn’t make that story true.”

Ohr was also asked about Jon Winer and whether he knew how Steele handled his sources, as well as for contact information for someone, probably Steele.

December 5

Several weeks after the initial meeting, Priestap interviewed Ohr again with follow-up questions about the dossier. He appears to reveal that he never was present when Steele interviewed a source (though there was a meeting he described). He says he was never present for meetings between Steele and Jon Winer. He described his wife Nellie’s research for Simpson. And he explained that Simpson directed Steele to “speak to the press as that was what Simpson was paying” him to do. The Agent apparently asked if Steele went to David Corn on his own or at the direction of Simpson, which Ohr did not know the answer to.

At that meeting, Ohr handed over the “Manafort Chronology” (which may or may not be Nellie’s work), which is the document JW may not have released yet.

December 12

Ohr met with Simpson on December 10 and obtained a copy of the dossier on thumb drive, so met with the Agent to share that and his notes from that meeting (see PDF 32).

At the meeting, Simpson told Ohr the Michael Cohen allegations (though these should and do appear to be the dated October allegations). Simpson shared gossip about some former Trump person (he thought it was Rick Wilson, but Wilson denied it yesterday) who was concerned about Trump’s ties to Russia. He raised Aleksandr Torshin’s outreach to the NRA and shared this article on it, even while noting there was disagreement on his staff about how much money Russia was funneling to the NRA. Simpson disputed NYT’s doubts about the Alfa Bank server (either the Agent or Simpson got the date of the article wrong); in response to an Ohr question about whether he thought he was safe, Simpson said someone had called and “asked him to find out where all of the Alfa Bank stories were coming from.” Simpson told Ohr he still had concerns about Sergei Millian and noted, “Looking at Millian led Simpson’s company to Cohen” (which Simpson would later share with Congress).

Simpson admitted that he asked Steele “to speak to the Mother Jones reporter as  it was Simpson’s Hail Mary attempt.” Note this means that after the Agent asked Ohr who decided to contact Corn, Ohr asked Simpson, and then passed on the answer. From this point forward, Ohr was basically providing FBI information on the Fusion effort.

Finally, Simpson appeared to suggest that much of Steele’s reporting comes from one source but “Simpson does not know his name.” This also seems to be a question Ohr posed after having been asked about it by the Agent. There are almost entirely redacted notes at PDF 33 listing “possible intermediaries” attributed to Simpson, but it’s unclear if Ohr took those notes at that meeting.

December 20

Several weeks after he said he would do so, Ohr met with the Agent and shared Nellie Ohr’s research for Fusion on a thumb drive.

January 23

On January 20, Simpson contacted Ohr in a panic about one of Steele’s sources. The following day, Ohr and Steele spoke about the concerns. The description of those concerns are treated, among other redactions, as legally classified information. The description of what appears to be the person in Ohr’s notes released last year is protected as part of an ongoing investigation (PDF 34-35). One thing Steele told Ohr, though, was that he knew the person was alive and well because he had posted on Facebook.

On the January 21 call, Steele also told Ohr he had spoken with someone in John McCain’s office sometime “prior to October 2016.” Either he’s only telling Ohr part of the story, or the date is wrong, because Steele’s known contacts related to McCain were in December.

January 25

Several days later, Ohr reached out to the Agent again to update him on what Steele had said in a followup. In that call either Steele or Ohr suggested the person might be exposed because of journalists. (PDF 36)

January 27

Several days later Ohr updated Pristap on his latest WhatsApp contact with Steele.

February 6

A few weeks later, Steele called about two things. First, the firing of Sally Yates led him to believe he needed another contact in case Ohr was fired; the Agent asked Ohr to ask Steele if he’d feel comfortable going through the FBI. He also seemed to be passing on information from someone, probably Deripaska, complaining that because of the 2016 election the FBI considered him a “criminal.” There’s a redacted section, and all this redacted information is protected as an ongoing investigation.

At the same meeting, Ohr offered up that Kathleen Kavalec, who was briefing allies on possible Russian tampering in their elections, had also met with Steele several times before the 2016 election. Ohr said that she said Steele’s reporting was generated mainly from [redacted]; which either pertains to a named source or from a reporting source.

February 14

This was mostly a follow-up reporting on a February 11 FaceTime chat with Steele, though Steele described working for two attorneys, one of whom appears to be redacted as part of an ongoing investigation in Ohr’s notes (PDF 37).

Ohr told the FBI he had not yet asked Steele if he’d be comfortable working through an FBI agent.

Note: There are March WhatsApp texts and written notes Ohr took with no corresponding 302. They pertain to Steele’s concerns about Congressional inquiries.

May 8

Ohr reported on a May 3 WhatsApp call with Steele, in which he expressed concerns about Congress’ scrutiny of his role. Steele also told Ohr that Simpson would be heading over to the UK soon and was lawyering up. But he still offered additional information to the FBI, if it was interested. Note, this is the first 302 where a normal listing of both interviewers is used, though there are indications elsewhere that the Agent was accompanied by someone else.

May 12

Ohr reports on a May 10 WhatsApp call in which Steele tells him the Senate Intelligence Committee is seeking information. The FBI asks Ohr to ask if Steele is willing to “have a conversation” with FBI agents in the UK, and Ohr agrees to pass it on.

May 15

After meeting with the FBI on May 12, Ohr contacted Steele to find out whether he’d be willing to talk to the FBI — “nothing more than a conversation with the FBI;” three days alter he said he would.

Steele also said he had information on a conversation between two people.

Update, 12/21/19: Removed Bill Priestap’s name per DOJ IG Report.

Aspiring Director of National Intelligence John Ratcliffe Does Not Want DOJ’s Mob Experts Exchanging Information with Mob Experts

Last night, President Trump announced that Director of National Intelligence Dan Coats is resigning, effective August 15, and will be replaced by Congressman John Ratcliffe, who is totally unqualified for the job, but who said mean things to Robert Mueller the other day, which makes him the perfect Trump pick.

There will be many controversial steps in installing Ratcliffe (not least that Sue Gordon, currently the Principal Deputy, should take over as Acting DNI when Coats leaves, but Trump seems to have a plan to ignore the law that mandates that).

But I also think Ratcliffe’s confirmation process will be troubled, and not just because he’s totally unqualified for the job. Because he has been one of the key players into the Republican investigation into the Trump investigation, there are a bunch of transcripts of him acting really stupid in depositions, even more stupid than he acted in public in the Mueller hearing. As I noted in this post, in Michael Cohen’s second interview with HPSCI, for example, Ratcliffe got his ass handed to him by Cooley Law graduate Cohen.

The Republican conspiracy theory about Bruce Ohr depends on a series of misunderstandings

One of the most alarming examples involves the joint Oversight/Judiciary interview of Bruce Ohr.

The Republicans at the time (and still, I assume) believed that Bruce Ohr served as some secret back channel to keep feeding dossier tidbits to the FBI even after Christopher Steele had been fired as an informant for sharing details of his investigation with the press, part of a nefarious plot by Hillary to keep Steele’s intelligence reports flowing at the FBI. The evidence at least suggests that, instead, FBI was using Ohr as a way to monitor what Steele was doing while keeping the Brit completely firewalled from the actual investigation. In spite of being an expert on the topics implicated by the Russian investigation, Ohr was not read into the investigation or the Mueller probe, and had a relationship with Steele going back years. So he was a good way to get informed updates from Steele without risking Steele might learn more about the investigation.

Mr. Ohr. No. I think they just say thank you for the information, and then it disappears into the FBI.

Republicans also believe that Ohr should not have shared information with DOJ and FBI because his wife, Nellie, was doing contract work with Fusion GPS at the time. Virtually every time the Republicans talk about her role, however, they exhibit rank ignorance of the full scope of Fusion’s work for Democrats and Nellie’s role in that, as well as the way that Steele’s work was largely independent of those other efforts (though did respond to questions posed as part of it).

Mr. Ratcliffe. And if you did, then they would have known that your wife was being compensated in part for contributions to what we’ve referred to as the Steele dossier?

Mr. Ohr. Well, just to be careful about that, my wife was researching various entities who are some of the same people mentioned in the dossier.

My understanding of the dossier, and I didn’t look at it that carefully, but it seems to be reports from Chris Steele to Fusion GPS.

So I don’t think my wife’s information, as far as I knew, was reported in those specific reports. It was certainly provided to Fusion, which had both Chris Steele’s reports and my wife’s research.

Nellie did research that didn’t get published (though likely fed a few stories) that probably proved more accurate than Steele’s HUMINT and as such should have been the focus of the oppo campaign. But the public record (and Ohr’s impression knowing Steele’s past work) is that what is known as the dossier was entirely Steele’s work, not edited by Fusion or integrated with information otherwise obtained by them.

Some Republicans (though not Ratcliffe) also seemed to assume in the hearing that it is remarkable that a women qualified to do research on Russia would get hired to do research on Russia, and instead assume there’s some secret plot that got her hired. But as Bruce Ohr made clear several times in the hearing, he alerted the FBI of his wife’s tie to the contractor paying Steele from the very beginning.

Mr. Meadows. So you gave no commentary on the validity of what the source told you or what you thought? You gave no commentary?

Mr. Ohr. I —

Mr. Meadows. Your 302s don’t suggest that.

Mr. Ohr. No. I warned them that my wife work for Fusion GPS.

Mr. Meadows. When did you do that?

Mr. Ohr. When I first spoke with Mr. McCabe

But the core of the frothy Republican conspiracy about Ohr is an effort to shift the timeline of when Steele started feeding information to the FBI back before the investigation into Trump’s associates got opened, so as to be able to claim that Steele’s information predicated not just Carter Page’s FISA application, but the investigation as a whole.

The information Christopher Steele shared in the July 30 meeting is not the same information that appears in the dossier

An early attempt to do this was to point to communications between Steele and Ohr — who had been sharing information on Russian organized crime since 2007 — and claim a Steele reference to Oleg Deripaska was really proof of an early obsession between the two about Trump.

When that conspiracy was debunked, the frothy right then turned to a meeting Ohr and his wife had with Christopher Steele on July 30, 2016, at which Steele provided some information on Russia, including (but not limited to) some information that would eventually show up in the dossier. After the meeting, Ohr, of his own accord,  passed the information onto someone else he had worked organized crime matters with going back years, Andrew McCabe, whose counselor, Lisa Page, happened to be in the room when that meeting took place. That, in turn, led to a meeting with Peter Strzok. But both those meetings (and certainly the Strzok one) took place after the investigation into Trump’s associates had already gotten opened. Nevertheless, Republicans use that Ohr meeting to claim that Steele was trying to gin up an investigation into Trump even before he first formally shared his dossier with the FBI.

There are a few problems with this theory.

First, as noted, what Steele shared with Ohr on July 30, 2016 was not, precisely, what made it into the dossier. Over the course of his testimony, Ohr described four things that Steele shared with him that day.

Mr. Ohr. In the July 30th conversation, one of the items of information that Chris Steele gave to me was that he had information that a former head of the Russian Foreign Intelligence Service, the SVR, had stated to someone — I didn’t know who — that they had Donald Trump over a barrel.

[snip]

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

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

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

[snip]

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

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

Those four things are:

  1. A former head of SVR (other Steele dossier notes make it clear that this is Vyacheslav Trubnikov) told someone else who told a Steele source that Russia had Trump “over a barrel.” (Note, Ohr’s telling of this adds to the evidence that the frothy right misread Kathleen Kavalec’s notes about Steele’s intelligence to understand Trubnikov as a source for Steele rather than as someone his source was reporting on.)
  2. Carter Page met with some high ranking Russians when he was on his publicized trip to Moscow in July.
  3. Oleg Deripaska was trying to expose details of Paul Manafort’s “theft” from him.
  4. Something about the Russian doping scandal.

Just item 1 and 2 on this list appear in any form in the dossier. But item 1 — which Ohr repeatedly describes, based off his notes, as stating just that Russia had Trump “over a barrel,” doesn’t mention the pee tape at all. (Remember, the allegations that Russia had a compromising video from Trump’s 2013 trip had been out there since shortly after the trip, and both Hope Hicks and Michael Cohen were aware of and responding to those allegations during the campaign.) Moreover, the general allegation that Russia had some means of embarrassing Trump was already true by that point: he had shown a willingness to work with a former GRU officer, sanctioned banks, and the Russian government to chase an improbably lucrative real estate deal in Moscow, and he had lied about having ongoing business projects with Russia just days before Ohr’s July 30 meeting with Steele.

And while the reference to Page meeting with top Russian officials was used in his FISA application, what appears in the application goes well beyond what Steele appears to have shared in the meeting, to include the apparent promise of kompromat before the DNC emails got released. Notably, Page’s actions in Moscow were one of the things the Mueller Report concludes remain unexplained.

Item 3 — that Trump’s campaign manager was at risk of being hit with damning new accusations by a very powerful Russian oligarch — doesn’t show up in the dossier, but was actually true and serves as crucial background to Manafort’s ongoing efforts, just days later, to share campaign information with Deripaska not just to stave off such disclosures, but also to restore his old role installing leaders who would be favorable to Deripaska business interests.

And item 4 has nothing to do with Trump at all, but was a subject of real interest to the FBI, not least because the same GRU officers who conducted the hack of the DNC were — at precisely the time this meeting took place — beginning a similar campaign against international anti-doping agencies.

In other words, none of the things Steele shared with Ohr at that first meeting have proven untrue (though the allegations about Page probably are not true). And the two details that go beyond the dossier — that Manafort was under pressure from Deripaska and that Russian continued to engage with its doping scandal — are not just true, but were unequivocally issues of urgent interest to the FBI.

John Ratcliffe thinks the FBI should remain ignorant about Russian organized crime

And John Ratcliffe, the guy who wants to oversee the entire intelligence community, didn’t think that one of DOJ’s foremost experts in Russian organized crime, Ohr, should learn what he could from another recognized expert in Russian organized crime, Steele, and pass on what he learned to another government expert in Russian organized crime, McCabe.

He grilled Ohr at length, suggesting that it was improper for him to share information with another expert in Russian organized crime, and improper for him to pass on information he obtained to the agents who could vet and, if credible. use the information.

Mr. Ratcliffe. And one of those was shortly after you met with Christopher Steele. On July 30, you had a meeting with Andy McCabe and Lisa Page.

Mr. Ohr. Yes.

[snip]

Mr. Ratcliffe. And it was sometime, you believe, in August, because it was shortly after the meeting with Christopher Steele?

Mr. Ohr. Probably, yes.

Mr. Ratcliffe. And that was because, at that point in time, you wanted the FBI to have that information and be aware of your contact with Christopher Steele?

Mr. Ohr. Yes.

Mr. Ratcliffe. Did anyone prompt that call to Andy McCabe?

Mr. Ohr. No, I don’t think so. I think that was me. Just me.

Mr. Ratcliffe. You, out of just an idea that that was the appropriate thing to do?

Mr. Ohr. Yes.

Mr. Ratcliffe. Okay. But you also thought it was appropriate to be communicating with Christopher Steele.

Mr. Ohr. Yes.

Mr. Ratcliffe. Okay. Even though you don’t have any authority, apparently.

Mr. Ohr. He is just calling me or meeting with me, as we had done on and off for many years. So if he tells me something that is of interest or concern, I pass that to the FBI.

Mr. Ratcliffe. And you said something about you thought that was your job.

Mr. Ohr. Yes. Part of my job, as I saw it, as having been for a long time responsible for organized crime at the Department, was to try to gather as much information or introduce the FBI to possible sources of information, whatever ways to further the program’s goals.

In fact, as Ohr explained in his interview, he had been sharing information with Steele going back almost a decade.

A I believe I met Chris Steele for the first time around 2007. That was an official meeting. At that time, he was still employed by the British Government. I went to London to talk with British Government officials about Russian organized crime and what they were doing to look at the threat, and the FBI office at the U.S. Embassy in London set up a meeting. That was with Chris Steele. And there were other members of different British Government agencies there. And we met and had a discussion. And afterwards, I believe the agent and I spoke with Chris Steele further over lunch. That was, I think, the first time I met him.

Q And you said that Mr. Steele worked for the British Government at the time. Was that at MI-6?

A Yes.

Q And you said in this meeting that he was one of several British Government employees at the meeting?

A Yes.

Q So, based on that introduction, is it fair to say that your contacts with Christopher Steele began as a, you know, shared professional specialization?

A Yes.

Q And that specialization would be Russian organized crime?

A Yes.

In other words, John Ratcliffe wants to make a big deal out of the fact that DOJ’s top person on organized crime was trying to combat organized crime by collecting and sharing information on organized crime. This is the guy Trump wants to be be in charge of the entire intelligence community.

Ratcliffe objects that Ohr shared information with career employees and not his political appointee boss

Ratcliffe didn’t just object that Bruce Ohr compared notes with other experts on Russian organized crime, he also objected to the fact that Ohr passed that information along not to political appointees — who according to the conspiracy theories could then use the information as part of an ultimately unsuccessful Deep State plot to undermine Trump — but instead to career people who could actually decide what to do with the information.

Mr. Ratcliffe. Okay. But yet Sally Yates — she was your boss, right?

Mr. Ohr. Yes.

Mr. Ratcliffe. You said she didn’t know that you were talking to Steele or Simpson?

Mr. Ohr. Correct.

Mr. Ratcliffe. How do you know she didn’t know?

Mr. Ohr. Well, I didn’t tell her.

[snip]

Mr. Ratcliffe. Okay. So, again, going back to the Sally Yates issue, is it your testimony that at some point in time as you were sitting down with the FBI for the purpose of talking to them about information that you were helping to coordinate from Christopher Steele that you shouldn’t have advised or didn’t advise Sally Yates about the fact that you were being interviewed for that purpose?

Mr. Ohr. I did not inform Sally Yates that I was talking to the FBI and that I was receiving information from Chris Steele. That’s correct.

Mr. Ratcliffe. My question is, did you have the thought that it might be a good idea to let my boss know that I’m being interviewed by the FBI?

Mr. Ohr. It was — my thought at the time was I should get this to the career people who would work on it, but that was my thought.

This is ultimately something that Ohr got disciplined for — not revealing the extent of his contacts with Steele earlier. But it was also the opposite of what he would do if he wanted to politicize the information, and precisely what he would do if he considered it the course of normal information exchange. By keeping this information within career channels, Ohr took the most appropriate step to avoid politicizing it.

It’s also true that, absent some proof that Yates found out about some of the details of Steele’s conversations with Ohr (in particular, how concerned Steele was about the possibility of Trump being elected) before she approved the FISA order on Carter Page, this conspiracy theory doesn’t make any sense. Which may be the real reason Ratcliffe is so infuriated that Ohr claims he didn’t inform Yates about what, to Ohr, was ordinary information sharing.

The echo chamber Ratcliffe occupies would prevent him from keeping America safe

Again, Ratcliffe’s own questioning of one of DOJ’s top experts on organized crime makes it appear that he affirmatively objects to the fact that that expert received true and timely information from another recognized expert and passed it on to another expert.

I actually don’t believe John Ratcliffe really is affirmatively opposed to the FBI receiving as much information about Russian Oligarchs threatening to expose top campaign managers or ongoing Russian efforts to retaliate for having been caught cheating in sports, even though that’s what his questioning of Ohr necessarily presumes. I think, instead, he is stuck so deep inside a Republican echo chamber looking for conspiracy theories even in events that can be easily explained that he is incapable of seeing how dangerous his assumptions really are: including the assumption that the FBI should reject information from credible sources about ongoing threats.

That he is so deeply ensconced in the frothy right is why Trump picked him for the job — because, to those who are equally ensconced in the echo chamber, he could appear to have damaged Robert Mueller last week. And of course, Trump will be perfectly happy to have someone who sees not what is, but what needs to be true to feed Trump’s own false claims.

But having picked Ratcliffe, Trump has given Democrats the perfect opportunity to turn frothy conspiracies on their head, to demonstrate the danger of them. Both before Ratcliffe’s eventual confirmation hearing and during it, Democrats will have abundant evidence — from Ratcliffe’s own performance in interviews where he repeatedly gets exposed as a fool — to demonstrate the dangers of appointing someone so deep inside an echo chamber he doesn’t even realize the entire premise of his questioning is that the US should not pursue as much information about threats as possible.

Sure, he’s likely to be confirmed anyway. But Democrats have the opportunity to lay out the costs of Republicans casting such a vote, to install someone who affirmatively objects to FBI getting information on urgent threats to oversee the intelligence community. And when Ratcliffe’s echo chamber beliefs serve to blow up — whether by feeding Trump what he wants to hear about North Korea or Iran or Russia — Democrats will then have the record that Republicans chose to put someone with a clear record arguing that the FBI should have less information about credible threats and not more.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

The Steele Dossier and the Mueller Investigation: Michael Cohen

Update: I’m reposting this on July 20 because these warrants have been re-released in less redacted form. As noted below in the update on Section C, that previously redacted section does pertain to Michael Cohen’s hush payments to Stormy Daniels, meaning the only mention of the Steele Dossier in the earliest warrant on Cohen is just to a post-dossier WSJ article used exclusively to explain Cohen’s own description of how he served as Trump’s fixer. 

Because the frothy right thinks it’s an important question but won’t actually consult the public record, I’m doing a series on what that public record says about the relationship between the allegations in the Steele dossier and the known investigative steps against Trump’s associates. In this post, I argued that the way the Steele dossier influenced the Carter Page investigation may be slightly different than generally understood: it appears that the dossier appeared to predict — just like George Papadopoulos had — the release of the DNC emails on July 22. From that point forward, Page continued to do things — such as telling people in Moscow he was representing Donald Trump in December 2016, including on Ukraine policy — that were consistent with the general theory (though not the specific facts) laid out in the Steele dossier. That is, Page kept acting like the the Steele dossier said he would. That said, the government had plenty of reason before the Steele dossier to investigate Page for his stated willingness to share information with Russian spies, and his ongoing behavior continued to give them reason.

I’m more interested in the example of Michael Cohen.

The Steele dossier eventually describes Michael Cohen as the villain of coordination with Russia

The dossier makes allegations against Cohen four times, all after the time when Steele and Fusion GPS were shopping the dossier to the press, increasing the likelihood Russia got wind of the project and were shopping disinformation.

The first three mentions came on three consecutive days (probably based on just two sub-source to Kremlin insider conversations), all apparently sourced to the same second-hand access to a Kremlin insider, and evolving significantly over those three days.  Importantly, the sub-source is also the source for the claim that Page had been offered the brokerage of the publicly announced Rosneft sale, meaning this person purportedly had access to Igor Sechin and a Kremlin insider, and if this source was intentionally feeding disinformation, it would account for the most obviously suspect claims in the dossier.

October 18, 2016 (134): A Kremlin insider tells the sub-source that Michael Cohen was playing a key role in the Trump campaign’s relationship with the Kremlin.

October 19, 2016 (135): The Kremlin insider tells his source that Cohen met with Presidential Administration officials in August 2016 to discuss how to contain Manafort’s Russia/Ukraine scandal and Page’s secret meetings with Russian leaders. Since that August meeting Trump-Russian conversations increasingly took place via pro-government policy institutes.

October 20, 2016 (136): In a communication that “had to be cryptic for security reasons,” a Kremlin insider tells a friend on October 19 that the reported meeting with Cohen took place in Prague using Rossotrudnichestvo as a cover. It involved Duma Head of Foreign Relations Committee Konstantin Kosachev. This is notably different from the PA claim made just the day before.

Then there’s the final report, which Steele has claimed was provided for “free,” dated after David Corn and Kurt Eichenwald’s exposure of the dossier, after the election, after the Obama Administration ratcheted up the investigation on December 9, and after Steele had interested John McCain in the dossier. In addition to offering a report that seems to project blame onto Webzilla for what the Internet Research Agency did, this report alleges what would be a veritable smoking gun, missing from the earlier reports: that Cohen had helped pay for the hackers.

December 13, 2016 (166): The August meeting in Prague was no longer about how to manage the Manafort and Page scandals, but instead to figure out how to make deniable cash payments to hackers (located in Europe, including Romania, where the original Guccifer had come from, not Russia), who were managed by the Presidential Administration, not GRU.

This December report is really the only one that claims Trump had a criminal role in the hack-and-leak, but the claims in the report all engage with already public claims: situating the hackers where the persona Guccifer 2.0 claimed to be from, Romania, suggesting the hackers were independent hackers who had to be paid rather than Russian military officers, and blaming Webzilla rather than Internet Research Agency for disinformation. That is, more than any other, this report looks like it was tailored to the Russian cover story.

The way this story evolved over time should have raised concerns, as should have other obvious problems with the December report. But it’s worth noting that there are two grains of truth in it. Cohen had been the key interlocutor between the Trump campaign and the Presidential Administration during the campaign, but to discuss the building of a Trump Tower in Moscow in January, not how to steal the election in October. Few people (at least in the US) should have known that he had played that interlocutor role; how many knew in Russia is something else entirely. Cohen was also someone that people who had done business with Trump Organization, like Giorgi Rtslchiladze and people associated with Aras Agalarov’s Crocus Group, would know to be Trump’s fixer. That fact would have been far more widely known.

Nevertheless, by the end of it, Cohen was the biggest Trump-associate villain in the Steele dossier. If the Steele dossier had been directing the investigative priorities of the FBI, then Cohen should have been a focus for his role in the hack-and-leak as soon as the FBI received this report. Nothing in the public record suggests that happened. Indeed, at the time the FBI briefed the Gang of Eight on March 9, 2017, Cohen was not among the people described as subjects. Just Roger Stone had been added to the initial four subjects (Page, Manafort, George Papadopoulos, and Mike Flynn) by that point. Congress, including the Devin Nunes-led House Intelligence Committee, would focus closely on Cohen more quickly than the FBI appears to have.

That’s true even though Cohen was doing some of the things he would later be investigated for, including — immediately after the election — establishing financial ties with Viktor Vekselberg even while Felix Sater pitched him on a Ukraine deal.

Suspicious Activity Reports and the investigation into Cohen

The investigation into Cohen appears to have started — given this July 18, 2017 warrant application — as an investigation into suspicious payments, both Cohen’s payments to Stormy Daniels and payments from large, often foreign companies, particularly Columbus Nova, with which Viktor Vekelsberg has close ties, but also including Novartis, Korean Airlines, and Kazkommertsnank. The investigation probably started based off a Suspicious Activity Report submitted by First Republic Bank, where Cohen had multiple accounts, including one for Essential Consulting, where those foreign payments were deposited.

Cohen opened that Essential Consultants account on October 26, 2016, ostensibly to collect fees for domestic real estate consulting work, but in fact to pay off Stormy Daniels. His use of it to accept all those foreign payments would have properly attracted attention and a SAR from the bank under Know Your Customer mandates, particularly with his political exposure through Trump. Sometime in June 2017, First Republic submitted the first of at least three SARs on this account, covering seven months of activity on the account; that SAR and a later one was subsequently made unavailable in the Treasury system as part of a sensitive investigation, which led to a big stink in 2018 and ultimately to charges against an IRS investigator who leaked the other reports. The language of the third one appears to closely match the language in the warrant applications, including a reference to Viktor Vekselberg’s donations to Trump’s inauguration.

The first warrant application against Cohen

On June 21, the FBI served a preservation request to Google for his Gmail and to Microsoft for Cohen’s Trump Organization emails (see this post for the significance of Microsoft’s role). Generally that suggests that already by that point, FBI decided they would likely want that email, but needed to put together the case to get it. The preservation order on Microsoft suggests they may have worried that people at Trump’s company might destroy damning emails. It also suggests the FBI knew that there was something damaging in those emails, which almost certainly came in part from contact information the bank had and call records showing contacts with Felix Sater and Columbus Nova; it might also suggest the NSA may have intercepted some of Cohen’s contacts with Russians in normal collection targeting those Russians.

That July 2017 warrant (confirmed in later warrants to be the first one used against Cohen) lists Acting as a Foreign Agent (18 USC 951) and false statements to a financial institution. It explains:

[T]he FBI is investigating COHEN in connection with, inter alia, statements he made to a known financial institution (hereinafter “Bank 1”) in the course of opening a bank account held in the name of Essential Consultants, LLC and controlled by COHEN. The FBI is also investigating COHEN in connection with funds he received from entities controlled by foreign governments and/or foreign principals, and the activities he engaged in in the United States on their behalf without properly disclosing such relationships to the United States government.

In other words, the predicate for the investigation was his bank account — one in conjunction with which he would eventually plead guilty to several crimes — not the dossier. Had Cohen told the truth about why he was opening that bank account (to pay off the candidate’s former sex partners!), had he not conducted his international graft with it, had he been honest he was going to be accepting large payments from foreign companies, then he might not have been investigated. It’s possible that the public reporting on the dossier made the bank pay more attention, but his actions already reached the level that the bank was required to report it.

In the unredacted parts of the application, there is one citation of the dossier, but only to the title of a WSJ report on Cohen written in the wake of the dossier release, “Intelligence Dossier Puts Longtime Trump Fixer in Spotlight.” It uses the article in a section introducing who he is to cite Cohen explaining that he’s Trump’s “fìx-it guy . . . . Anything that [then-President-elect Trump] needs to be done, any issues that concern him, I handle,” not to describe any allegations in the dossier.

From there, it introduces the bank account, Essential Consulting.

Redacted section C

Update, 7/19: These warrants have now been unsealed, and — as media outlets originally reported — this section is about the hush payment to Stormy Daniels. The section also confirms that much of this investigation came from the KYC work of Cohen’s bank. I’ve marked the paragraphs that consider the possibility this section pertains to Russia with strike-through text.

The next section, C, is six paragraphs long (¶¶13 to 18), and remains entirely redacted. If the substance of the dossier appears in the warrant application, it would appear here. But such a redacted passage does not appear at all in a search warrant application for Paul Manafort from May, and no redacted passage appears as prominently in a Manafort warrant application from ten days later — which describes his relationship with three Russian oligarchs and the June 9 meeting — though there is a six page redaction describing the investigative interest in the June 9 meeting. The difference is significant because the dossier alleged that Manafort was managing relations with Russia until he left the campaign (including during June), so if there were redacted language about the dossier on Cohen, we would expect it to play a similar role in applications on Manafort, but nothing public suggests it does.

Some background on this redacted section. We got the Mueller-related warrants on Cohen because a bunch of media outlets asked Chief Judge Beryl Howell to liberate them on March 26, the week after Mueller officially finished his investigation. At first, Jonathan Kravis, the DC AUSA who has taken the lead in much of the ongoing Mueller word, noticed an appearance to respond. But it was actually Thomas McKay, one of the SDNY AUSA who prosecuted Cohen there, who responded to the request, along with another SDNY attorney.

Although the Warrant Materials were sought and obtained by the Special Counsel’s Office (“SCO”), the Government is represented in this matter by the undersigned attorneys from the United States Attorney’s Office for the Southern District of New York (“SDNY”), as the SCO’s investigation is now complete.

They argue that they’re willing to release the warrant materials under terms consistent with the terms used in SDNY, where information about the FBI affiants and information we know deals with the hush payments investigation got redacted.

Judge Pauley ruled that “the portions of the Materials relating to Cohen’s campaign finance crimes shall be redacted” to protect an ongoing law enforcement investigation, along with “the paragraphs of the search warrant affidavits describing the agents’ experience or law enforcement techniques and procedures.” Cohen, 2019 WL 472577, at *6. By contrast, Judge Pauley ordered that the portions of the materials that did not relate to the campaign finance investigation be unsealed, subject to limited redactions to protect the privacy interests of certain uncharged third parties. Id. at *6-7. Judge Pauley’s decision in these respects is also consistent with prior decisions of this Court, which have recognized the distinction between law enforcement interests in ongoing, as opposed to closed, investigations, as well as the importance of respecting privacy concerns for uncharged third parties. See, e.g., Matter of the Application of WP Company LLC, 16-mc-351 (BAH), 2016 WL 1604976, at *2 & n.2 (D.D.C. Apr. 1, 2016).

Consistent with the foregoing, the Government does not oppose the Petitioners’ request for partial unsealing, but respectfully requests that the Court authorize redactions consistent with those authorized by Judge Pauley in the SDNY litigation.

Because of this language, some people assume the redacted passage C relates to the hush payments, which were, after all, the reason Cohen opened the account in the first place. That may well be the case: if so, the logic of the warrant application would flow like this:

A: Michael Cohen

B: Essential Consultants, LLC

C: Use of Essential Consultants to pay hush payments

[Later warrants would include a new section, D, that described Cohen’s lies about his net worth to First Republic]

D: Foreign Transactions in the Essential Consultants Account with a Russian Nexus

i. Deposits by Columbus Nova, LLC

ii. Plan to Life Russian Sanctions

E: Other Foreign Transactions in the Essential Consultants Account

That would explain McKay’s role in submitting the redactions, as well as his discussion of redacting the warrant consistent with what was done in SDNY, to protect ongoing investigations. (The government will have to provide a status report in August on whether these files still need to be redacted.)

That said, it was not until April 7, 2018 that anyone first asked for a warrant to access Cohen’s email accounts in conjunction with the campaign finance crimes. And some SARs submitted in conjunction with the hush payments, such as one associated with the $130,000 payment on October 27, 2016 to then Daniels lawyer Keith Davidson and one from JP Morgan Chase reflecting the transfer from the Essentials Consulting account to Davidson’s were not restricted in May 2018 in conjunction with a sensitive investigation (nor was the third one reflecting the foreign payments described above), suggesting they weren’t the most sensitive bits in May 2018. Of note, the Elliot Broidy payments to Essential Consulting would post-date this period of the investigation.

That leaves a possibility (though not that likely of one) that Section C could describe the Russian investigation. The next passage after the redacted one describes the “foreign transactions in the Essential Consultants Account with a Russian nexus” (though, as noted, subsequent warrants describe Cohen’s lies in the following paragraph). It describes the $416,664 in payments from Columbus Nova, and describes the tie between Columbus Nova and Vekselberg. After introducing the payments, the affidavit describes the public report on a back channel peace plan pitched by Felix Sater on behalf of Ukrainian politician Andrii Artemenko.

Another possibility is that it describes Trump’s inauguration graft, which embroils Cohen and Broidy (though the investigation into Broidy is in EDNY, not SDNY).

Perhaps most likely, however, is that that section just describes other reasons why that Essential Consulting account merited a SAR. For example, it might describe how Cohen set up a shell company to register the company, something that doesn’t show up in the unredacted sections, but which is a key part of the hush payment prosecution.

If the section does not mention the Russian investigation generally (and the dossier specifically), then it means there is no substantive mention of it in the warrant at all, meaning it played at most a secondary role in the focus on Cohen.

As the timeline of the investigation into Cohen below shows, that redacted section would grow by one paragraph in the next warrant application, for Cohen’s Trump Organization emails, obtained just two weeks later. It would remain that length for all the other unsealed Mueller warrants.

Felix Sater and the investigation into Cohen

The way in which Sater is mentioned in the warrants against Cohen presents conflicting information about what might be in that redacted section. Significantly, Sater (described as Person 3) is introduced as if for the first time, in the discussion of the Ukrainian deal that appears after the redaction. That means that he doesn’t appear in the redacted material. That’s important because Sater would be one other possible focus of any introduction to why Cohen would become the focus of the Russian investigation (aside from the dossier).

The next warrant would also note numerous calls with Sater, reflecting legal process for call records not identified here (the government almost certainly had a PRTT on Cohen’s phones by then). But those calls, as described, were in early 2017 (tied to the suspected Ukrainian peace plan), not in 2015-2016 when the two men were discussing a Trump Tower Moscow.

Mueller interviewed Sater on September 19, 2017, the first of two FBI interviews (he also appeared before the grand jury on an unknown date).

One of the most interesting changes to the Mueller warrants happens after that: In warrant applications submitted on November 13, the unredacted discussion of the Ukraine peace deal gets dropped. It’s unlikely Mueller’s investigation of it was eliminated entirely, because Mike Flynn, who allegedly ultimately received that deal, is not known to have been cooperating yet (his first known proffer was three days later, on November 16), and Mueller was still interested in interviewing Andrii  Artemenko — the Ukrainian politician who pitched the deal — in June 2018.

In addition, based off the details in the Mueller Report cited to Sater’s September interview, Mueller was already investigating the Trump Tower deal. That suggests both topics — the Trump Tower deal and the Ukranian peace pitch — could appear in the redacted passage. Indeed, while the unredacted passages don’t explain it, one important reason to obtain the earlier emails would be to obtain the communications between Sater and Cohen during that period.

None of these warrants explain why Mueller became convinced that Cohen had lied to Congress, but by the second December interview of Sater, he presumably knew that Cohen had lied. But he probably didn’t have all the documents on the deal until he subpoenaed Trump Organization in March 2018.

All of which is to say, the treatment of the warrants’ Sater’s ties to Cohen, so important in any consideration of Cohen’s ties to Russia, ultimately don’t help determine what’s in that section.

If Mueller obtained Cohen’s location data, it was only second-hand

Finally, there’s one other detail not shown in the Mueller warrants you might expect to have if the Steele dossier was central to the Cohen investigation: a concerted effort to confirm his location during August 2016, when the dossier claimed he had been in Prague.

Granted, by obtaining records from Google, Mueller would get lots of information helpful to confirming location. For example, Google would have provided all the IP addresses from which Cohen accessed his account going back to January 2016. He would have obtained calendar data, if Cohen used that Google function. The warrant (as all warrants to Google would) asks for “evidence … to determine the geographic and chronological context of account access” and describes the various ways investigators can use Google to ID location (though it doesn’t specifically talk about location data in conjunction with Google Maps).

Mueller would get even more information from the Apple warrant obtained on August 7, 2017. The warrant for Cohen’s iCloud account on August 7 focused on a new iPhone (a 4s!!!) he obtained on September 28, 2016 and used for a function that gets redacted (which, again, could be the hush payments). It described his use of Dust and WhatsApp on the phone (Dust was what he used with Felix Sater), meaning one reason they were interested in the account was not for Cohen’s Apple content, but for anything associated with the apps he used on his phone (remember that Mueller got Manafort’s otherwise encrypted WhatsApp chats from Apple; the Apple specific language notes that some users back up their WhatsApp texts to iCloud). That said, the language on Apple (as all warrants on it would) specified that users sometimes capture location data with the apps on their phones.

Apple allows applications and websites to use information from cellular, Wi-Fi, Global Positioning System (“GPS”) networks, and Bluetooth, to determine a user’s approximate location.

This is a way the FBI has increasingly gotten location data in recent years, via the apps that access it from your phone. So the FBI would have gotten information that would have helped them rule out a Cohen trip to Prague in 2016.

That said, it’s not until April 7 that the government obtained the only known warrant for cell location data. That warrant focused only on the campaign finance crimes, and it obtained historical data only started on October 1, 2016 — pointedly excluding the August 2016 period when Steele’s dossier alleged Cohen was in Prague.

In short, along the way, Mueller obtained plenty of information that would help him exclude a Prague meeting (and subpoenas and other government information — such as his Homeland Security file — could have helped further exclude a meeting). But there’s no sign in the public record that Mueller investigated the Steele dossier Prague meeting itself.

To sum up: while it’s possible the redacted portions discuss Russia and therefore potentially the dossier. But there are a lot of reasons to think that’s not the case. It is hypothetically possible that between March (when FBI wasn’t investigating Cohen) and May (when Mueller took over) the FBI had done something to chase down the dossier allegations on Cohen. But, there’s no evidence that Mueller investigated them. On the contrary, it appears that the investigation into Cohen arose from the Bank Secrecy Act operating the way it is designed to — to alert the Feds to suspect activity in timely fashion.

In another world, that should placate the frothy right. After all, they complain that the dossier was used in Carter Page’s FISA application. You’d think they’d be happy that, in the eight months between the time FBI obtained that order and started investigating Cohen aggressively, they hadn’t predicated an investigation into the dossier. By that time, there were overt things — like Vekselberg’s donation to the inauguration and the Ukraine plan — that were suspect and grounded in direct evidence.

Timeline

May 18, 2017: Possible date for meeting involving Jay Sekulow, Trump, and Cohen.

May 31, 2017: Cohen and lawfirm subpoenaed by HPSCI.

June 2017: A SAR from Cohen’s bank reflects seven months of suspicious activity in conjunction with this Essential Consulting account

June 2017: Federal Agents review Cohen’s bank accounts.

June 21, 2017: FBI sends a preservation request to Microsoft for Cohen’s Trump Org account.

July 14, 2017: FBI sends a preservation request to Microsoft for all Trump Org accounts.

July 18, 2017: FBI obtains a warrant for Cohen’s Gmail account focused on FARA charges tied primarily to the Columbus Nova stuff, but also his other foreign payments). ¶¶13-18 redacted.

July 20, 2017 and July 25, 2017: Microsoft responds to grand jury subpoenas about both Cohen’s account and TrumpOrg domain generally.

August 1, 2017: FBI obtains a warrant for Cohen’s Trump Org email account (which they obtained from Microsoft), adding bank fraud, money laundering, and FARA (as distinct from 951) to potential charges. ¶¶13-19 redacted. ¶¶20 to 24 note irregularities in claims to First Republic. ¶28 details how Cohen and Andrew Intrater started texting in large amounts on November 8, 2016, showing over 230 calls and 950 texts between then and July 14, 2017. ¶30 includes email reflecting visit to Columbus Nova. ¶31 reflects probable subpoena to bank (rather than just SARs). ¶32 describes Renova paying Cohen through Columbus Nova. ¶36 reflects phone records showing 20 calls with Felix Sater between January 5, 2017 and February 20, 2017, and one with Flynn on January 11, 2017. ¶39, ¶41 include new evidence from Google search.

August 7, 2017: FBI obtains a warrant for Cohen’s Apple ID (tied to his Google email). ¶¶14-20 redacted. ¶50-54 describes Cohen obtaining a new Apple iPhone 4s on September 28, 2016 and using it for a redacted purpose. It describes Cohen downloading Dust (the same encrypted program he used with Felix Sater) the day he set up the phone, and downloading WhatsApp on February 7, 2017.

August 17, 2017: FBI obtains second warrant on Cohen’s Gmail, not publicly released, but identified in second Google warrant. It probably added wire fraud to existing charges being investigated.

August 27-28, 2017: Cohen conducts a preemptive limited hangout on the Trump Tower story feeding WaPo, WSJ, and NYT.

August 31, 2017: Cohen releases the letter his attorney had sent — two weeks earlier — along with two earlier tranches of documents for Congress.

September 19, 2017: FBI interviews Sater. Cohen attempts to preempt an interview with SSCI by releasing a partial statement before testifying, only to have SSCI balk and reschedule the interview.

October 4, 2017: Additional SAR restricted because of ongoing sensitive investigations.

October 20, 2017: Cohen included in expanded scope of investigation.

October 24, 2017: HPSCI interviews Cohen.

October 25, 2017: SSCI interviews Cohen.

November 7, 2017: Mueller extends PR/TT on Cohen Gmail.

November 13, 2017: FBI obtains Cohen’s Gmail going back to June 1, 2015 and his 1&1 email. Adds wire fraud. ¶14-20 redacted.¶23a-25 adds Taxi medallion liability. Eliminates Ukraine/sanctions plan in unredacted section. Adds section F, payments in connection with political activities (associated with AT&T, expand Novartis, add Michael D Cohen and Associates.

December 15, 2017: FBI interviews Sater.

January 4, 2018: Mueller extends PR/TT on Cohen Gmail.

February 8, 2018: Mueller provides SDNY with Gmail and 1&1 email returns.

February 16, 2018: SDNY obtains d-order for header information on 1&1 account.

February 28, 2018: SDNY obtains warrant for emails sent after November 14, 2017 and warrant for emails Mueller handed over in conjunction with different conspiracy, false statements to a bank, wire fraud, and and bank fraud charges.

March 7, 2018: Mueller provides SDNY with iCloud returns.

March 15, 2018: Press reports that Mueller subpoenaed Trump Organization.

April 5, 2018: After CLOUD Act passes, SDNY applies for Google content that had been stored overseas and withheld in February 28 warrant.

April 7, 2018: FBI obtains warrant for cell location for two cell phones, tied only to illegal campaign donation investigation (the FBI would use this to use a triggerfish to identify which room he was in at Loews). FBI obtains warrant to access prior content for use in campaign donation investigation. This is the first warrant that lists 52 USC 30116 and 30109 as crimes being investigated.

April 8, 2018: FBI obtains warrant for cell location for two cell phones, tied only to illegal campaign donation investigation.FBI obtains warrant to search Cohen’s house, office, safe deposit box, hotel room, and two iPhones.

April 9, 2018: FBI obtains a warrant to correct Cohen’s hotel room.

June 20, 2018: Cohen steps down from RNC position.

July 27, 2018: Sources claim Cohen is willing to testify he was present, with others, when Trump approved of the June 9 meeting with the Russians.

August 7, 2018: First Cohen proffer to Mueller.

August 21, 2018: Cohen pleads guilty to SDNY charges. Warner and Burr publicly note that Cohen’s claim to know about the June 9 meeting ahead of time conflicts with his testimony to the committee.

September 12, 2018: Second proffer.

September 18, 2018: Third proffer.

October 8, 2018: Fourth proffer.

October 17, 2018: Fifth proffer.

November 12, 2018: Sixth proffer.

November 20, 2018: Seventh proffer.

November 29, 2018: Cohen pleads guilty to false statements charge.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.