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Lindsey Graham and Ric Grenell Reveal Mike Flynn May Not Have Fully Disclosed His Foreign Contacts

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Lindsey Graham has used the tenure of Ric Grenell to get a slew of stuff declassified, such as a George Papadopoulos transcript bragging about fucking an older woman that redacts a reference to Sergey Millian, even though the Millian reference is the entire point of the exercise of releasing such transcripts. They’re doing it in the name of “FISA abuse,” even though most of it doesn’t relate to FISA and none of the additional material shows abuse beyond the FBI’s over-reliance on informants (which Lindsey has shown no interest in reforming).

Tonight, they released the memo Rod Rosenstein used to scope out Robert Mueller’s mandate on August 2, 2017 (I wrote about the original release of it here.)

The declassified bits describe the crimes FBI was investigating Carter Page, Paul Manafort, George Papadopoulos, and Mike Flynn for. Plus, there’s one other Trump person whom I’ve been told is not the person you think it is (though I understand new details about it seeing it redacted like this), the description of which is entirely classified.

For Page, Manafort, and Papadopoulos, the memo authorizes an investigation into whether they “colluded” in the 2016 election. Such a bullet point is not included for Flynn, one of many pieces of evidence that the FBI had ruled this out in late 2016/early 2017 only to discover that Flynn had called the country up that had just attacked us and told them “no big deal.”

Page was only being investigated for “collusion;” the memo doesn’t include his willingness to deal known Russian spies non-public economic information about American companies.

For the others, there were additional bullet points authorizing investigation into stuff there was substantial evidence they had done. For Manafort, the memo included two things that were ultimately charged:

  • Committed a crime or crimes arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych;
  • Committed a crime or crimes arising out of his receipt of loans from a bank whose Chief Executive Officer was then seeking a position in the Trump Administration;

Though Stephen Calk is being prosecuted for Manafort soliciting a loan he had no business getting, not Manafort.

And the memo didn’t include all the things Manafort was charged or even investigated for.

With Papadopoulos, the memo (written less than a week after he’d been arrested after taking money from some Israeli) also included Israeli influence peddling.

  • Committed a crime or crimes by acting as an unregistered agent of the government of Israel;

That is, for Manafort and Papadopoulos, this memo authorized an investigation into things they were known to have done.

Which brings us to Flynn. As noted, Rosenstein did not authorize Mueller to investigate whether Flynn “colluded,” which is proof that once the FBI chased something down, they dismissed it.

The list of things Mueller was authorized to investigate includes three things that Flynn was known to have done (the italics are what Flynn was known to have done).

  • Committed a crime or crimes by engaging in conversations with Russian government officials during the period of the Trump transition;
  • Committed a crime or crimes by making false statements to the FBI when interviewed about his contacts with the Russian government;
  • Committed a crime or crimes by acting as an unregistered agent for the government of Turkey;

Flynn did converse with at least one Russian government official during the transition, though as written, this suggests there may have been more. Flynn did lie to the FBI when asked about those contacts. Flynn was still lying about his knowledge that his foreign influence peddling was for the government of Turkey, not some Dutch company.

That is, this memo (and most non-“collusion” bullet points) lays out things the person in question was known to have done.

But this detail is completely new:

  • Committed a crime or crimes by failing to report foreign contacts and income on a Form SF-86 that he completed in anticipation of his being selected to serve as the National Security Adviser to President Trump;

Lindsey Graham just released a document suggesting that General Flynn lied on this SF-86 form for clearance by hiding some of his foreign contacts.

To be sure: I’ve been told Flynn told DIA of the foreign contacts that raised the most suspicion, such as bopping off to Moscow to sit with Putin at a gala for RT. That said, last year DOJ claimed that Flynn’s DIA record was actually inculpatory, not exculpatory information they should have turned over as Brady.

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.

What Lindsey Graham just released to claim there was some kind of FISA abuse suggests that the FBI — which had access to the FISA intercepts showing Mike Flynn calling up the country that had just attacked us and telling them no big deal — believed on August 2, 2017 that Flynn had not disclosed all his foreign contacts when he got a security clearance tied to becoming National Security Advisor. Flynn’s 2016 security clearance review is something Powell has raised repeatedly in her bid to get Flynn’s prosecution set aside. If she knew that Flynn was investigated because he failed to fully disclose all his foreign contacts, that may explain why.

Which is to say, Lindsey Graham thinks he’s exposing abuse. But in the case of Flynn, he’s not only showing that the FBI stopped pursuing leads once they had chased them down, but were chasing one that was previously unknown.

Trump Transition Team Outraged To Be Treated as Transition Team!!

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This is a general post on the GOP claim Mueller improperly obtained emails from ~13 Transition officials, updated as new news comes available. This post explains what is really going on: the Transition appears to have withheld emails — including the KT McFarland one referring to the election as having been “thrown” — and Mueller obtained proof they were withholding things. 

Both Fox News and Axios have pieces reflecting the outrage!!! among Trump people that they got asked questions about emails they thought they had hidden from Mueller’s investigation. Axios reveals that Mueller obtained the full contents of 12 accounts (Reuters says 13), one including 7,000 emails, from people on the “political leadership” and “foreign-policy team;” it says it includes “sensitive emails of Jared Kushner.”

Fox reveals that a transition lawyer wrote Congress today claiming that it was unlawful for government employees to turn over emails hosted on government servers for a criminal investigation.

A lawyer for the Trump presidential transition team is accusing Special Counsel Robert Mueller’s office of inappropriately obtaining transition documents as part of its Russia probe, including confidential attorney-client communications and privileged communications.

In a letter obtained by Fox News and sent to House and Senate committees on Saturday, the transition team’s attorney alleges “unlawful conduct” by the career staff at the General Services Administration in handing over transition documents to the special counsel’s office.

Officials familiar with the case argue Mueller could have a problem relating to the 4th Amendment – which protects against unreasonable searches and seizures.

Kory Langhofer, the counsel to Trump for America, wrote in the letter that the the GSA “did not own or control the records in question.”

But, Langhofer says, Mueller’s team has “extensively used the materials in question, including portions that are susceptible to claims of privilege.”

And Axios explains that the Trump people actually sorted through this stuff. “The sources say that transition officials assumed that Mueller would come calling, and had sifted through the emails and separated the ones they considered privileged.”

I’m really looking forward to hearing the full story about this, rather than just this partisan spin. For example, I’m interested in whether Mueller realized via some means (perhaps from someone like Reince Priebus or Sean Spicer — update, or George Papadopoulos) that the White House had withheld stuff that was clearly responsive to his requests, so he used that to ask GSA to turn over the full set.

I’m also interested in how they’ll claim any of this was privileged. The top 13 political and foreign policy people on the Trump team might include (asterisks mark people confirmed to be among those whose accounts were obtained):

  1. Pence
  2. Bannon
  3. Jared*
  4. Flynn*
  5. KT McFarland
  6. Spicer
  7. Priebus
  8. Nunes
  9. Sessions
  10. Seb Gorka
  11. Stephen Miller
  12. Hope Hicks
  13. Ivanka
  14. Don Jr
  15. Rebekah Mercer
  16. Kelly Anne Conway
  17. Rudy Giuliani
  18. Steven Mnuchin
  19. Rick Gates
  20. Corey Lewandowski
  21. Tom Bossert

Just one of those people — Sessions — is a practicing lawyer (and he wasn’t, then), and he wasn’t playing a legal role in the transition (though both Sessions and Nunes may have been using their congressional email, in which case Mueller likely would show far more deference; update: I’ve added Rudy 911 to the list, and he’d obviously qualify as a practicing lawyer). Though I suppose they might have been talking with a lawyer. But I would bet Mueller’s legal whiz, Michael Dreeben, would point to the Clinton White House Counsel precedent and say that transition lawyers don’t get privilege.

Furthermore, Trump wasn’t President yet! This has come up repeatedly in congressional hearings. You don’t get privilege until after you’re president, in part to prevent you from doing things like — say — undermining existing foreign policy efforts of the actually still serving President. So even if these people were repeating things Trump said, it wouldn’t be entitled to privilege yet.

Finally, consider that some of these people were testifying to the grand jury months and months ago. But we’re only seeing this complaint today. That’s probably true for two reasons. One, because Mueller used the emails in question (most notably, the emails between McFarland and Flynn from December 29 where they discussed Russian sanctions) to obtain a guilty plea from Flynn. And, second, because Republicans are pushing to get Trump to fire Mueller.

Update: I’ve added Pence, Don Jr., Ivanka, Hope Hicks, Kelly Anne Conway, Rudy Giuliani, Steven Mnuchin back in here.

Update: Here’s more from Reuters.

Langhofer, the Trump transition team lawyer, wrote in his letter that the GSA’s transfer of materials was discovered on Dec. 12 and 13.

The FBI had requested the materials from GSA staff last Aug. 23, asking for copies of the emails, laptops, cell phones and other materials associated with nine members of the Trump transition team response for national security and policy matters, the letter said.

On Aug. 30, the FBI requested the materials of four additional senior members of the Trump transition team, it said.

The GSA transfer may only have been discovered this week (probably as a result of Congress’ investigation). But the witnesses had to have known these emails went beyond the scope of what the transition turned over. And the request date definitely is late enough for Mueller to have discovered not everything got turned over, perhaps even from George Papadopoulos, who flipped in late July.

Update: One more thing. Remember that there were worries that transition officials were copying files out of a SCIF. That, by itself, would create an Insider Threat concern that would merit FBI obtaining these emails directly.

Update: Here’s a report dated June 15 on a transition lawyer instructing aides and volunteers to save anything relating to Russia, Ukraine, or known targets (Flynn, Manafort, Page, Gates, and Stone).

Update: AP reports that Flynn was (unsurprisingly) among those whose email was obtained.

Update: Here’s the letter. I unpacked it here. It’s a load of — I believe this is the technical term — shite. First, it stakes everything on PTT not being an agency. That doesn’t matter at all for a criminal investigation — Robert Mueller was no FOIAing this stuff. It then later invokes a bunch of privileges (the exception is the attorney client one) that only come with the consequent responsibilities. It then complains that Mueller’s team didn’t use a taint team.

Perhaps the craziest thing is they call for a law that would only permit someone to access such emails for a national security purpose — as if an espionage related investigation isn’t national security purpose!

Update: Chris Geidner got GSA’s side of the story. Turns out they claim the now dead cover up GC didn’t make the agreement the TFA lawyer says he did. In any case, GSA device users agreed their devices could be monitored.

“Beckler never made that commitment,” he said of the claim that any requests for transition records would be routed to the Trump campaign’s counsel.

Specifically, Loewentritt said, “in using our devices,” transition team members were informed that materials “would not be held back in any law enforcement” actions.

Loewentritt read to BuzzFeed News a series of agreements that anyone had to agree to when using GSA materials during the transition, including that there could be monitoring and auditing of devices and that, “Therefore, no expectation of privacy can be assumed.”

Update: Mueller’s spox, Peter Carr, issued a statement saying, “When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner’s consent or appropriate criminal process.”