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In Request for Special Master, the Lev Parnas Prosecutors Hint at Prior Filter Team Searches on Rudy

The day after the search on Rudy Giuliani and a single Victoria Toensing phone, the prosecutors on the Lev Parnas case wrote a letter to the judge in that case, Paul Oetken, asking that he appoint a Special Master to review the content of their phones before turning that content over to prosecutors. It was unsealed yesterday after Rudy and Toensing’s lawyers got to review the redactions and add any they wanted. Oetken has ordered a briefing schedule about how this should proceed, which will extend through May 17.

The letter suggests certain things:

  • The participation of Oetken and the Parnas prosecution team (Rebekah Donalski, Nicolas Roos, and Aline Flodr) is consistent with this investigation arising out of the Parnas investigation, as has been reported.
  • These searches were approved on April 21, which was the day after Lisa Monaco was confirmed on April 20. That suggests she approved of this search. It’s normal for the Deputy Attorney General to sign off on controversial searches like this, and this suggests they waited to have the confirmed DAG sign off rather than have John Carlin, who had been acting DAG until Monaco was confirmed.
  • A court in Maryland signed off on the seizure of Toensing’s phone before SDNY signed off on the search of it.
  • The letter cites two exceptional circumstances when it might be appropriate to appoint a Special Master: when the attorney-client privilege would involve the President, and so implicate executive privilege, and when the attorney is involved in matters “adverse to the United States Attorney Office.” It’s not clear if prosecutors have something specific in mind with the latter reference, but it’s certainly possible that this concerns matters that one or the other lawyer has clients who are before SDNY.
  • Seemingly to explain why Rudy and Toensing aren’t making this request, the letter notes that defendants normally do but, in this case, “there is no pending criminal case against the subjects of the search.” Make of that what you will.
  • The government is basically asking for the same initial rules to be applied as were applied in the Michael Cohen case. They don’t, however, ask that any legal discussions be submitted to the public docket, which is something that happened in Cohen’s case that seemed to dissuade Trump from making frivolous claims of attorney-client privilege.

The most interesting bit of the letter, however, comes after a redacted passage with two redacted footnotes.

That introduces the following discussion:

The Government believes that its use of a filter team to conduct a review pursuant to established protocols is sufficient to protect applicable privileges and that [one line redacted] given that the searches [redacted] were done in an overt manner. [half line redacted] as well as the unusually sensitive privilege issues that the Warrants may implicate, the Government considers it appropriate for the Court to appoint a special master to make the privilege determinations as to materials seized pursuant to the Warrants. In particular, the overt and public nature of these warrants necessitates, as Judge Wood observed, the appointment of a special master under the “perception of fairness, not fairness itself.”

That is,  the government is explaining — in a letter that preempts any demand from Rudy and Toensing — that they don’t really need to do it this way, but partly because this search was public, it justifies doing so here.

But remember that the search of these devices is not the only one alleged. Rudy and his lawyer, Robert Costello, claim that SDNY also got a “covert” warrant for Rudy’s iCloud account sometime in late 2019.

A lawyer for former New York City mayor and Donald Trump attorney Rudy Giuliani said the Justice Department revealed on a Thursday conference call that the feds had penetrated Giuliani’s iCloud long before Wednesday’s search warrants were executed.

“I was told about it today in a conference call with the [U.S.] Attorney’s office,” attorney Robert Costello, a longtime friend of Giuliani’s, told The Daily Beast on Thursday night. “They told me they obtained a ‘covert warrant’ for Giuliani’s iCloud account in ‘late 2019.’ They have reviewed this information for a year and a half without telling us or [fellow Trump-aligned attorney] Victoria Toensing.”

During an appearance on Tucker Carlson’s Fox News show on Thursday night, Giuliani himself briefly referenced the warrant to search his iCloud account. “In the middle of the impeachment defense, they invaded, without telling me, my iCloud,” the Trump confidant said. “They took documents that are privileged. And then they unilaterally decided what they could read and not read. So the prosecutors at the Justice Department spied on me.”

A year and a half would put the search in October 2019, quite possibly before impeachment had formally started, and around the time when Lev Parnas and Igor Fruman were first charged. It likely put it at a time when Trump had no overt defense needs, and so no acknowledged privilege here (unless you count John Dowd’s October 3 letter to Congress that effectively put Trump in a joint defense agreement with Parnas and Fruman and alleged Russian mobster Dmitro Firtash).

I had thought this earlier reference might have been to a preservation order served to Apple, but the redacted passages are consistent with there having been a real search, one for which SDNY used only a taint team to weed out what was genuinely privileged. And there was clearly probable cause: Rudy was the business partner of two people charged for their business doings.

According to the terms of this letter, in the case of a covert search like the one Rudy claims occurred, there would be less cause for a Special Master.

Which is to say this letter may be more about the searches that have already occurred rather than the forthcoming exploitation that will be done with the oversight of a Special Master.

675 Days In, the Durham Investigation Has Lasted Longer than the Mueller Investigation

Today marks the 675th day of the Durham investigation into the origins and conduct of the investigation that became the Mueller investigation. That means Durham’s investigation has lasted one day longer than the entire Mueller investigation, which Republicans complained lasted far too long.

The single solitary prosecution Durham has obtained in that span of time in which Mueller prosecuted George Papadopoulos, Mike Flynn, Paul Manafort, Rick Gates, Richard Pinedo, Alex Van der Zwan, Michael Cohen (for his lies about Trump’s Trump Tower Moscow deal) was the guilty plea of Kevin Clinesmith, based on conduct discovered by DOJ Inspector General Michael Horowitz.

In addition to those prosecutions, Mueller referred further Cohen charges to SDNY, Sam Patten for prosecution to DC, and Bijan Kian for prosecution in EDVA. Mueller charged Roger Stone and handed that prosecution off to DC. He further charged Konstantin Kilimnik, 12 IRA trolls, Yevgeniy Prigozhin, and 12 GRU officers. He referred Paul Manafort’s influence peddling partners, Republican and Democratic alike, for further investigation, leading to the failed prosecution of Greg Craig. Mueller referred 12 other matters — most still sealed — for further investigation, along with the Egyptian bribery investigation originally started in DC.

Meanwhile, Durham has never released a public budget, though by regulation he had to submit a budget request to DOJ in December.

Say what you will about Mueller’s investigation. But it was an investigation that showed real results. Durham, meanwhile, has been churning over the work that DOJ IG already did for as long as Mueller’s entire investigation.

Steve Bannon Hires a Pardon Broker (and Rudy Giuliani Lawyer) to Replace His Competent Lawyer

Steve Bannon just filed notice of what lawyer will defend him in his SDNY prosecution for defrauding Trump chumps. He had been represented by the very competent Bill Burck. But after Bannon started making death threats against Anthony Fauci and Christopher Wray, Burck dropped him.

Instead, Bannon hired Robert Costello.

TO THE CLERK OF COURT AND ALL PARTIES OF RECORD: PLEASE TAKE NOTICE that Robert J. Costello of Davidoff Hutcher & Citron, LLP, with offices located at 605 Third Avenue, New York, New York 10158, hereby appears on behalf of Defendant Stephen Bannon.

Costello represents Rudy Giuliani in his many sordid influence peddling investigations.

He’s also the guy who tried to buy Michael Cohen’s silence with a pardon, an investigation that fairly obviously got referred under Mueller. I guess that makes it clear what Bannon’s defense strategy will be.

The problem is, SDNY is now on notice (if they weren’t already by Trump’s promises that “Bannon will be okay”). So they can simply share their case file with New York State, where fraud is also a crime.

I may be missing something but I don’t think Trump’s evil genius is on his A game.

20 Months: A Comparison of the Mueller and Durham Investigations

Because Jonathan Turley and John Cornyn are being stupid on the Internet, I did a Twitter thread comparing the relative output of the Mueller and Durham investigations in their first 18 months. Actually, Durham has been investigating the Russian investigation for 20 months already.

So I did a comparison of the Mueller and Durham investigations over their first 20 months. Here’s what that comparison looks like.

So, in 20 months, Durham went on a boondoggle trip to Italy with Bill Barr to chase conspiracy theories, charged one person, and had his top investigator quit due to political pressure.

In the Mueller investigation’s first 20 months, his prosecutors had charged 33 people and 3 corporations (just Roger Stone was charged after that) and, with Manafort’s forfeiture, paid for much of their investigation.

Update: I’ve corrected the Manafort forfeiture claim. While I haven’t checked precisely how much the US Treasury pocketed by selling Manafort’s properties, I think the declining value of Trump Tower condos means that Manafort’s forfeiture didn’t quite pay for the entire investigation. I’ve also corrected in which month Manafort was found guilty in EDVA.

Update: In response to the Durham appointment, American Oversight reposted the travel records from the Italy boondoggle, which was actually in September, not October (Barr also made a trip to Italy in August 2019 for the same stated purpose, so I wonder if there were two boondoggles). I’ve corrected the timeline accordingly.

Trump’s Pardon Jenga, Starting with the Julian Assange Building Block

I was going to wait to address Trump’s likely use of his power of clemency in the days ahead until it was clear he was going to leave without a fight and I will return to it once that’s clear. But there have already been a slew of pieces on the likely upcoming pardons:

None of them mentions Julian Assange (though Graff does consider the possibility of a Snowden pardon, which I consider related, not least for the terms on which Glenn Greenwald is pitching a package deal as a way for Trump to damage the Deep State).

I would argue that unless a piece considers an Assange pardon, it cannot capture the complexity facing Trump as he tries to negotiate a way to use pardons (and other clemency) to eliminate his legal exposure itself.

I’m not saying Trump’s decision on whether to give Assange a pardon is his hardest decision. But it may be one a few that could bring any hope of protecting himself falling down.

Trump has talked about pardons, generally, covering a number of crimes in which he himself (or a family member) is implicated:

  • Asking DHS officials to violate the law in order to build the wall
  • Working with the National Enquirer to capture and kill damaging stories during the 2016 election
  • Dodging impeachment
  • Steve Bannon’s Build the Wall grift (which likely implicates Jr)

There are others whom Trump would give a pardon because they’re loyal criminals, like Ryan Zinke or Commerce Officials and others who’ve lied in court. There are hybrid cases; in addition to Bannon, Erik Prince has legal exposure both for his own lies that protected Trump, but also for his efforts to sell mercenary services to hostile foreign governments. And Rudy Giuliani has committed his own crimes as well as possible crimes to protect the President. With the possible exception of Rudy (who still might claim attorney client privilege to refuse to testify about Trump), those pardons create challenges, but they’re highly likely (unless Trump made some pardons contingent on remaining in power).

Then there’s the Mueller Report. In 2019 testimony to HPSCI, Michael Cohen credibly described Jay Sekulow considering mass “pre-pardons” in the summer of 2017 in an attempt to make the Russian investigation go away. But the Mueller Report itself only obviously talks about five pardons:

  • An extensive discussion of the reasons why pardons for Mike Flynn, Paul Manafort, and Roger Stone would amount to obstruction (a sentiment with which Billy Barr once agreed)
  • A discussion of Robert Costello’s efforts to broker silence from Cohen in exchange for a pardon and almost certainly a still-redacted referral of Costello for the same; Costello is currently Rudy Giuliani’s attorney
  • A question about discussions of a Julian Assange pardon, even while the report did not mention or obscured the tie with underlying evidence proving such an effort occurred, possibly as a part of a quid pro quo to optimize the WikiLeaks releases

There are difficulties — albeit surmountable ones — for pardons of Flynn and Manafort, not least because Billy Barr has found other ways for Trump to keep them out of jail (so far), even while issuing a DOJ ruling that his prior pardon dangles are not obstruction. Costello is someone who has no privilege directly with Trump and so might implicate him personally in trading pardons for silence if Trump himself is not pardoned.

But Stone (and quite possibly Don Jr) is indelibly tied to an Assange pardon.

It’s possible something might make this easier between now and January 20. If British Judge Vanessa Baraister rules on January 4, 2021 in favor of Julian Assange’s Lauri Love gambit, arguing that American prisons are not humane for those on the autism spectrum, then there’s a decent chance he’ll beat extradition. If not, his chances are slim. And even if he beats extradition the UK could choose to prosecute him on Official Secrets Act charges tied to Vault 7.

That presents Trump limited choices. He could pardon just Stone (and Don Jr, who will undoubtedly get a broad pardon in any case). But then both could be coerced to testify against Assange under threat of contempt or perjury from a Biden DOJ.

He could pardon all three, including a broad pardon (including Vault 7) for Assange. But if he did that, it could complete the conspiracy, a quid pro quo tied to Russian interference in 2016. That would make a Pence pardon of Trump much more politically costly; it would likewise make a Trump self-pardon much more toxic for even a very partisan SCOTUS to rubber stamp.

But if he doesn’t pardon Assange, he risks pissing of those who helped him in 2016, with whatever repercussions that would have for Trump Organization funding going forward. To sum up:

  • Pardoning just Stone and Jr would expose them to coercion to testify against Assange and maybe others
  • Pardoning all three would make Trump’s own pardons much less defensible to those who would have to ensure he himself got immunity
  • Pardoning Assange at all would complete the conspiracy Mueller never charged
  • Not pardoning Assange might risk ire from Russia

I’m not saying he can’t find a way out of this dilemma. But it is one of the reasons why Trump’s pardon gambit is far more complex than others are accounting for.

Andrew Miller Was [Probably] Questioned about Someone He Knew Under a Different Name

Among the FBI 302s BuzzFeed just liberated appears to be the 302 from the original FBI interview of Andrew Miller. The date matches, the interview was conducted (as Miller’s was) by agents showing up to serve a subpoena, the location is redacted, the name is six characters, and the interview closely focuses on Roger Stone. In this post, I will generally use “Miller” as the interviewee here, with the understanding that identification of this as him is not 100%.

The interview confirms something I have long suspected: Miller was a witness to details about a person he did not know by proper name. This was the last person the FBI agents asked Miller about (see below for the others). The 302 describes that Miller, “did not immediately recognize the name [redacted] but after discussion, determined he knew the individual in question as [redacted].” After two and a half redacted paragraphs, the 302 records that Miller “had never met [redacted] but had seen a photo of him.” The rest of the discussion of this person is redacted.

Given everything else we know about Miller’s testimony — and how, after extensive discussions with Stone in the wake of this interview — Miller fought his subpoena to the DC Circuit, it is highly likely that Miller knows that Stone met this person at the RNC, where Miller was running Stone’s schedule. Shortly after Stone met with this person, at least according to Michael Cohen, Stone gave Trump advance knowledge that the DNC emails would be dropping days later.

That’s the most interesting detail from this interview, but 302 has other key details.

After two paragraphs laying out whom Miller worked for, his interview included the following:

  • Almost 20 paragraphs describing his relationship with Stone, virtually all of it redacted under [dubious] privacy redactions. The unredacted bits describe:
    • Miller hadn’t seen Stone for three or four weeks and didn’t know whether he was in NY or FL
    • Stone was not a tech guy
    • Stone ran his own Twitter account
    • Stone traveled to NYC for several days every week
    • A claim he had never been to Stone’s current home
    • A (false) claim that he had done “nothing really” for Stone over the previous two years, as well as an explanation that no one continued to work for Stone once they had a family because Stone demanded too much time
  • About ten paragraphs commenting on Stone’s relationship with Trump, including the following claims, most dubious:
    • Miller did not think Stone “was a lawbreaker, nor would he break the law for Trump”
    • Stone mostly talked about Hillary incessantly because he was selling a book
    • Miller did not really remember talking to Stone about the DNC hack
    • Miller spoke to Stone about the media coverage of him since the election
    • Stone was “all about Twitter,” and focused on the retweets he got, but did not pay for them (this conflicts with details in the Facebook takedown of Stone’s accounts and other testimony)
    • Miller had not been in contact with any Russians himself
  • Three paragraphs about Alex Jones (who was raised significantly before Corsi in this interview), including:
    • Miller didn’t like Jones
    • Miller thought Stone worked there for the money and the reach to areas of the country that “the left has forgotten”
    • Miller didn’t know who did InfoWar’s IT and digital strategy, but it was better than Stone’s because they had more money
  • Discussions of two people whose names are redacted (one of these is likely Sam Nunberg):
    • Of the first person, Miller suggested that Stone took credit for things he didn’t do and lied to people to get credibility with them
    • Of the second, Miller described he and Stone having a “love-hate” relationship
  • A paragraph about Michael Caputo, describing their relationship as “complicated”
  • Just one paragraph about Jerome Corsi, though Miller appears to have testified that he wasn’t aware of what the two were up to
  • Miller also claimed not to know if Stone used encrypted apps to communicate (the record actually shows he started using them more later in 2016) and made a false claim that he and Stone primarily communicated via email (Miller turned over texts between him and Stone, and Stone was an avid texter, though all of his texts from 2017 disappeared)

Miller was given the opportunity to correct any lies he told in the interview, but he chose not to.

Running Thread of emptywheel’s Running Threads on the SSCI Report

I’ve been doing running Twitter threads on each chapter of the SSCI Russia Report. It has gotten too unwieldy for Twitter, so I’ll collect all those threads here:

Here are the posts I’ve written so far:

Another Trump Campaign Manager Indicted for Money Laundering

Steve Bannon and three associates just got indicted in SDNY for defrauding investors in their We Build the Wall “charity,” from which they skimmed about a million dollars.

The alleged fraud here is pretty garden variety: raising funds to pay for a wall and instead pocketing a good chunk of the money.

But it’s significant because it comes just months after Billy Barr tried to replace then-US Attorney Geoffrey Berman with a handpicked successor. Berman responded by insisting that all SDNY investigations would continue as they were proceeding, and he refused to resign until he ensured that his Deputy, Audrey Strauss, would take over.

No one knew this indictment was in the works (and the arrest, by postal agents, makes the surprise more delicious). Which means the other times that Barr has hastily replaced a US Attorney with a flunky could represent similar cases into fraud well beyond the Russian-related crimes we know about. (Note, the Timothy Shea indicted along with Bannon is not the Barr flunky named Timothy Shea whom Barr installed in DC.)Indeed, Erik Prince was a key advisor to this organization; there’s good reason to suspect that an investigation into him got killed at the same time Barr intervened in the Flynn and Stone prosecutions.

Michael Cohen warned the entire Republican Party. If they didn’t stop hanging out with Trump, they would go to jail.

He tried to warn them, anyway.

SSCI’s Timidity on Trump Tower Moscow

The SSCI Report on Russia is better, in some ways, than I expected (though weak in others).

But on a key issue — the multiple Trump Tower deals floated during the course of the election — it is inexcusably timid.

The report lays out the three offers we know from the Mueller Report:

  • A Trump Tower deal negotiated through Felix Sater, involving sanctioned banks and GRU-linked middle men and the involvement of people close to Putin
  • A deal brokered by Georgian-American Giorgi Rtskhiladze that included buy-off from the Mayor of Moscow
  • Outreach — in which Ivanka was a party — from the Director of a large energy company, Dmitry Klokov, which was tied to a meeting with Putin

Along the way, the report notes that Felix Sater (whose colorful background it lays out) was not entirely forthcoming even in his April 4, 2018 interview, long after he appears to have cleaned up some discrepancies with the Mueller team (though his later Mueller 302s have been withheld, in part for source endangerment issues, and it’s not clear the committee obtained them). Specifically, Sater was not clear who was involved in scheduling a possible trip for Cohen in December 2015, Felix Shmykov (who had ties to GRU) or Felix Dvoskin (who had ties to FSB and ran a bank operating in Crimea).

Sater told the Committee that although he never had direct communication with Kostin, Kostin was indirectly contacted about the project “through people in Moscow.”2719 Sater recalled that a contact in Moscow, whom he identified only as “Danny,” “indicated that he [Danny] spoke to people at VTB and that they would be on board.”2720 Sater also told the Committee that he used Evgeny Shmykov, the former Russian intelligence officer, as a conduit to VTB.2721

[snip]

On December 19, 2015, Sater emailed and sent a text message to Cohen requesting that Cohen call him because he had “Evgeny on the other line.”2778 Sater told the Committee in his interview prior to the release of the SCO Report that his references to Evgeny were, to his recollection, Evgeny Shmykov. According to the SCO, however, Sater’s reference to “Evgeny” on the December 19 message was a reference to Evgeny Dvoskin, who at the time was associated with a Russian bank operating in Crimea.2779 Through counsel, Sater later represented to the Committee that he may have used both Shmykov and Dvoskin at varying times.2780 As a result, while·this particular outreach appears to involve Dvoskin, the identity behind Sater’s other references to “Evgeny” remains unclear.

(U) Dvoskin is strongly connected to Russian organized crime and the Russian intelligence services, particularly the FSB.2781

There’s no unredacted discussion of whether Cohen was asked about the wisdom of pitching real estate deals with people involved in Russian intelligence. He was, however, asked about the wisdom of pitching real estate deals with sanctioned banks.

He didn’t much care.

As noted infra, both VTB Bank and GenBank were sanctioned by the U.S. Government under its Ukraine-related sanctions program targeting Russian government-connected entities. Cohen was unaware of these sanctions targeting either bank, and stated that, in addition, it “didn’t matter to me” whether the banks were sanctioned. Cohen explained that he believed the Russian developer, not the Trump Organization, would be responsible for financing the deal, and thus Cohen did not think that any sanctions “would have been a problem.”

And while the report twice laid out that the committee did not receive key emails showing high level Russian involvement in the deal, it didn’t chase down Cohen’s claim that Trump Organization managed that document request, not even when the report elsewhere admits that other documents were withheld from Trump Organization.

(U) On other matters, multiple emails between Michael Cohen and Russian government officials-which were responsive to the Committee’s document request-were never produced to the Committee. The withheld emails included outreach to the Kremlin’s press office seeking to speak with Putin’s chief of staff, Sergei Ivanov, as well as a response from Dmitri Peskov’ s assistant seeking to discuss the Trump Moscow project. During Cohen’s initial interview, , Cohen’s then-counsel Stephen Ryan told the Committee that Cohen was not involved in the production of documents to the Committee.3009 Ryan stated that Cohen’s emails from his Trump Organization account were produced to Cohen and his counsel by the Trump Organization “off the Trump [Organization] server.”3010 During that same interview, Cohen made false statements to the Committee about these communications with Russian government officials.3011 Cohen also transmitted his false statements about his outreach to the Kremlin on the project to the press and to the public generally; giving the false impression that Cohen had not communicated in a substantive way with the Russian government regarding the project.3012

(U) Cohen eventually pleaded guilty to making intentionally false statements to this Committee and to the HPSCI related to the Trump Tower project.3013 Cohen eventually admitted to receiving an email response from a Russian government employee; ultimately, he admitted contacting her and conducting a substantive conversation about the Trump Moscow project in January 2016.3014 Cohen told the Committee that the email response, which he never produced to the Committee, was never provided to him by the Trump Organization, another member of the alleged JDA.3015 The Committee was unable to determine the accuracy of this claim. However, if true, this lends support to the conclusion that Cohen’s initial false statements to the Committee were aided by other members of the alleged IDA, namely the Trump Organization.

The report also doesn’t address (as it does in the WikiLeaks section) Trump’s demonstrable lies about Trump Tower, even though those lies are even more clear cut than his lies on WikiLeaks. After Trump claimed to have no recollection of any of this, he went out to the press and said stuff that made it clear he had very clear recollections about the real estate deals he was negotiating while running for President.

In addition to the three well known deals, the SSCI Report describes a fourth, one pitched by Boris Epshteyn to Eric Trump.

Virtually the entire description of this deal is redacted in the report, suggesting either that it’s something Trump has ongoing interest in covering up or it’s something that the Intelligence Community believes has sensitive counterintelligence import.

In addition to the Epshteyn to Eric Trump channel, however, three details are not redacted:

Like the Rtskhiladze pitch, this one included involvement from the Moscow city government.

In the spring of 2016, Epshteyn received the proposal from contacts he had in the Moscow city government, and shared it with Eric Trump, with whom Epshteyn had long been friends.

[snip]

In early 2016, these same individuals affiliated with the Moscow city government reengaged Epshteyn about a potential Trump deal in Russia, ultimately sending him blueprints for a hotel.2998 According to the email chain produced by Epshteyn, the blueprints originated with a secretary for Cheremin in April 2016. Cheremin’s secretary forwarded the plans to an email address that included the name Shutenko, likely affiliated with Oleg Shutenko, Cheremin’s deputy in the Moscow city government.2999

According to a heavily redacted bullet, it appears to involve two people thrown out of the US in 2018 as part of sanctions imposed after the Skripal assassinations, which may suggest they were believed to be spies.

Finally, the deal had some tie to Rossotrudnichestvo, an NGO implicated in the false claims about a Michael Cohen meeting in Prague.

The Rossotrudnichestvo reference came in the last and most inflammatory dossier report:

[redacted] provided further details of these meeting/s and associated anti-CLINTON/Democratic Party operations. COHEN had been accompanied to Prague by 3 colleagues and the timing of the visit was either in the last week of August or the first week of September. One of their main Russian interlocutores was Oleg SOLODUKHIN, operating under Rossotrudnichestvo cover. According to [redacted], the agenda comprised questions on how deniable cash payments were to be made to hackers who had worked in Europe under Kremlin direction against the CLINTON campaign and various contingencies for covering up these operations and Moscow’s secret liaison with the TRUMP team more generally.

This doesn’t mean the Cohen reference is true!! But it is another tidbit that suggests that, to the extent the dossier was filled with disinformation, it served to muddle actual events that happened.

According to the SSCI Report, Eric Trump wasn’t all that enticed by this offer (which appears to have had none of the improbable grandeur of the Sater deal).

Except they didn’t bother to get him on the record saying that personally. It relied exclusively on Epshteyn’s representation of the deal.

(U) Epshteyn recalled sharing these blueprints with Eric Trump and discussing the offer with him. 3000 According to Epshteyn, Eric Trump said that he would “take a look” and that the opportunity “[c]ould be interesting,” but that his overall reaction was “extremely tepid.”3001 Epshteyn claimed that nothing ever came of the offer.3002

(U) The Committee did not seek to interview Eric Trump. The Committee does not have further information related to what action, if any, was taken by the Trump Organization on the proposal.

And it did so even though it had evidence that Trump Organization was part of an organized effort to lie to the committee about a different Russian real estate deal, in part by withholding responsive documents.

So it’s not, just, that SSCI declined to explain why it was so problematic from a counterintelligence standpoint that a Presidential candidate kept entertaining the kind of real estate deal in Russia he had been chasing for over a decade during the election, and at least two of those deals involved Russian intelligence operatives.

It’s that for one of the deals — a deal that, if the redactions are any indication, poses significant counterintelligence concern — SSCI just didn’t bother checking.

Ron Wyden has complained that the committee refused to follow the money of any of this. And with this fourth Trump Tower deal, they weren’t even willing to demand they got the paper trail.

Task and Countertask: The Interview of Christopher Steele’s Primary Subsource

According to the interview report from Christopher Steele’s Primary Subsource, the PSS confirmed that he had two sources behind the reporting that Carter Page met with Igor Sechin. He said one of those two sources — whom he described having ties to FSB — told him that Russia was sitting on kompromat against Trump (and Hillary). He described that his source for all the Michael Cohen reporting came from an old friend whom he trusted 100%. Steele’s Primary Subsource even took credit for some of the specific phrases in the Steele dossier — such as the one describing Michael Cohen’s efforts to sweep the Carter Page and Paul Manafort scandals “under the carpet.”

Even the Primary Subsource’s interactions with a person he believed to be Sergei Millian tracked most of the report based off the call.

[PSS] recalls that this 10-15 minute conversation included a general discussion about Trump and the Kremlin, that there was “communication” between the parties, and that it was an ongoing relationship. [PSS] recalls that the individual believed to be [Millian] said that there was an “exchange of information” between Trump and the Kremlin, and that there was “nothing bad about it,” Millian said that some of the information exchange could be good for Russian, and some could be damaging to Trump, but deniable. The individual said that the Kremlin might be of help to get Trump elected, but [PSS] did not recall any discussion or mention of Wikileaks.

The passage shows how badly DOJ IG over-read the interview when it first published the report and affirmatively stated that PSS “had no discussion” or “made no mention at all of” WikiLeaks.

On pages xi, 242, 368, and 370, we changed the phrase “had no discussion” to “did not recall any discussion or mention.” On page 242, we also changed the phrase “made no mention at all of” to “did not recall any discussion or mention of.” On page 370, we also changed the word “assertion” to “statement,” and the words “and Person 1 had no discussion at all regarding WikiLeaks directly contradicted” to “did not recall any discussion or mention of WikiLeaks during the telephone call was inconsistent with.” In all instances, this phrase appears in connection with statements that Steele’s Primary Sub-source made to the FBI during a January 2017 interview about information he provided to Steele that appeared in Steele’s election reports. The corrected information appearing in this updated report reflects the accurate characterization of the Primary Sub-source’s account to the FBI that previously appeared, and still appears, on page 191, stating that “[the Primary SubSource] did not recall any discussion or mention of Wiki[L]eaks.”

To be sure, the provenance of that claimed Millian conversation is an utter shitshow — consisting of a call with someone the Primary Subsource believed, but had no way of confirming, was Millian. But Steele’s Primary Subsource did confirm that most of that report tracked the call, whoever it was from.

Still, you wouldn’t know that the Primary Subsource described the multiple sources behind key allegations in the dossier from the way the DOJ IG Report described what was a raw intelligence report. For example, this passage doesn’t reveal that the Primary Subsource heard details on Page’s trip from people with high level connections, including the meeting with Sechin (remember, the FBI had another source report that he had heard rumors about the Sechin meeting, which probably partly explains why Mueller concluded that Page’s whereabouts in Russia were still uncertain).

A second example provided by the Primary Sub-source was Report 134’s description of a meeting allegedly held between Carter Page and Igor Sechin, the President of Rosneft, a Russian energy conglomerate. 337 Report 134 stated that, according to a “close associate” of Sechin, Sechin offered “PAGE/ TRUMP’s associates the brokerage of up to a 19 percent (privatized) stake in Rosneft” in return for the lifting of sanctions against the company. 338 The Primary Sub-source told the FBI that one of his/her subsources furnished information for that part of Report 134 through a text message, but said that the sub-source never stated that Sechin had offered a brokerage interest to Page. 339 We reviewed the texts and did not find any discussion of a bribe, whether as an interest in Rosneft itself or a “brokerage. ” 340

The IG Report also repeats uncritically stuff from both the PSS and his sources that is pretty obviously bullshit, such as the claim from the PSS — who had been paid full time by Orbis for years to collect this intelligence — that he didn’t expect his reporting to show up in written reports.

The Primary Subsource also stated that he/she never expected Steele to put the Primary Subsource’s statements in reports or present them as facts. According to WFO Agent 1, the Primary Sub-source said he/she made it clear to Steele that he/she had no proof to support the statements from his/her sub-sources and that “it was just talk.” WFO Agent 1 said that the Primary Sub-source explained that his/her information came from “word of mouth and hearsay;” “conversation that [he/she] had with friends over beers;” and that some of the information, such as allegations about Trump’s sexual activities, were statements he/she heard made in “jest.”341 The Primary Sub-source also told WFO Agent 1 that he/she believed that the other sub-sources exaggerated their access to information and the relevance of that information to his/her requests.

Or the claim from a subsource who would be the key source of disinformation in the dossier if such disinformation exists that nothing in the dossier was attributable to her.

FBI documents reflect that another of Steele’s sub-sources who reviewed the election reporting told the FBI in August 2017 that whatever information in the Steele reports that was attributable to him/her had been “exaggerated” and that he/she did not recognize anything as originating specifically from him/her. 347

Nor would you know that from the reporting on the interview report of the Primary Subsource, released last night by Lindsey Graham.

Ultimately, the belated assessment of the Supervisory Intel Analyst probably appropriately attributes blame for problems with the dossier to multiple sources; a lot of the problems with this dossier stem from communication breakdowns and exaggerations from multiple people trying to make a buck.

According to the Supervisory Intel Analyst, the cause for the discrepancies between the election reporting and explanations later provided to the FBI by Steele’s Primary Sub-source and sub-sources about the reporting was difficult to discern and could be attributed to a number of factors. These included miscommunications between Steele and the Primary Sub-source, exaggerations or misrepresentations by Steele about the information he obtained, or misrepresentations by the Primary Sub-source and/or sub-sources when questioned by the FBI about the information they conveyed to Steele or the Primary Sub-source.

Let me be very clear: none of this means these allegations are true, nor does this excuse the failures to alert the FISA Court to key problems in the dossier. I was one of the first people to raise doubts about some of the problems with the allegations in the dossier, and I stand by that.

Operational security

What’s more interesting about the interview are the hints of all the ways the dossier could have gone so badly wrong. The interview report describes multiple ways that Russia’s spooks might have found out about the project and fed it with disinformation (the footnotes declassified earlier this year describes that several Russian spooks knew of the project after what would have been the PSS’ first trip to Russia to do the reporting).

Steele’s PSS was an analyst by training that Steele increasingly used in an operational role (including by getting him hired at some kind of consulting company that seems to have served as a kind of cover for his travel to Russia). The arrangement seems to have had spotty operational security. For better and worse, PSS said that he rarely took substantive notes.

[PSS] was asked if he takes notes on the information he is collecting from his sources, or if he keeps any kind of records. He was told by Steele that it is a security risk to take notes; he hasn’t kept notes or electronic records. He occasionally makes scribbles and/or chicken scratch notes here and there, but gives verbal debriefs in [redacted] following his trips [to Russia].

PSS would then share the information with Steele, whom he always briefed alone (making misunderstandings more likely). He had no communications with Steele while in Russia. PSS described that his debriefings with Steele were always at the Orbis office, which meant if Steele himself were surveilled, PSS’ ties to Steele would become obvious.

PSS was originally tasked to investigate Manafort (which he had little success on), at a time when Fusion was still being paid by Paul Singer, meaning this interview seems to confirm, once and for all, that not just Fusion’s reporting, but Steele’s, was initially paid for by a Republican. PSS specified for that reporting he did some of his reporting to Steele via an encrypted app.

But his communications with Steele included many insecure methods. He first met Steele in a Starbucks. Early on, he communicated with him via email and Skype, and Steele would task him, at least in part, via email. He described discussing Page’s trip to Russia with Source 3 on some kind of voice call, possibly a phone, while he was at a public swimming pool, though he also described talking in an opaque way about election interference. Likewise, the most problematic December 13 report was based on a conversation with the same source, which was also a phone call.

In short, while Steele and PSS and PSS’ sources made some efforts to protect their communications from the Russians that surely considered Steele a target, those efforts were inconsistent.

PSS described making three trips to Russia for his election year reporting. On the second trip, he got grilled suspiciously at the border. On his third, “nothing bad happened,” which made PSS suspicious about how perfectly everything had gone.

PSS repeatedly described being uncomfortable with the election year tasking, and he seems to have had suspicions in real time that Russia had taken note of it.

Ties to intelligence

Meanwhile, for all the reports that PSS was “truthful and cooperative,” the interview report describes that he “balked, meandered in the conversation, and did not really answer the question” about whether he used other sources for his election year reporting aside from the six he described to the FBI. And, as laid out in the interview report, it became increasingly clear over the three days of interviews that PSS was not entirely forthcoming about any interactions he had had with Russian intelligence.

This started with his lawyers’ careful caveat at the beginning of the process that PSS did not have any contacts with people he knew to be part of the Russian intelligence services (the interview as a whole was conducted under a proffer).

[PSS] indicated, to his knowledge, he has not had any contacts with the Russian intelligence or security services. [ANALYST NOTE: His attorney emphasized “to his knowledge” during this part of the discussion.]

PSS said he had contact with Russian government officials, but — “as far as he … knew,” not with anyone in SVR, GRU, or FSB.

On day three, however, PSS described a friend (whose experience he drew on for a report on how Russia coerces criminal hackers to work for the intelligence services) who had had been busted for involvement with online pornography and pressured to work with the FSB. The Senior Intel Analyst noted that conflicted with his earlier claim to have no known ties to Russian spooks.

[ANALYST NOTE: This is in contradiction to [PSS’s] statement the first day, at which time he indicated that he did not have any contacts associated with the Russian intelligence and security services.]

Later that same day, PSS seemed to acknowledge that a Russian official and a Russian journalist he interacted with were spooks. The FBI noted,

[ANALYST NOTE: This contradicted [PSS’s] earlier statements regarding having no contact with Russia’s intelligence and security services, and it also contradicted regarding not really knowing if [a Russian official] was actually connected to Russia’s intelligence and security services.]

The EC goes on to describe PSS “brush[ing] aside the idea of being approached by the intelligence and security services” while he was a student.

This squirreliness about his own ties with Russian spooks was probably just self-preservation, an effort to avoid any exposure on 18 USC 951, but it is probably the key issue where the FBI questioned his candor in real time.

Countertasking

Meanwhile, PSS described at least three of his sources — Source 1, Source 2, and Source 3 — in such a way that led the FBI to wonder whether PSS was being tasked by his own sources. S1, for example — who has a close relationship to a Russian intelligence officer (probably FSB) —  always asks PSS to do projects together.

[S1] is always trying to get [PSS] to start projects and make money together — [PSS] related how [S1], like others, is always asking questions like, “Can you get us some projects?” or “Can you get us financing?” or “Let’s do something together dealing with [redacted]!” [PSS] doesn’t consider this as his source “tasking him” but as simply the normal course and scope of networking in these circles. [PSS] did help [S1] with an academic book about [redacted].

And both Source 2 and Source 3 — the sources for some of the more problematic information in the Steele dossier — knew PSS brokered intelligence. Both also discussed brokering information in Russia.

[S3] is one of the individuals who knows that [PSS] works for due diligence and business intelligence. [As an aside at this point, [PSS] insisted that [S2] probably has a better idea about this than does [S3] because [S2] is always trying to monetize his relationship with [PSS]. [PSS] reiterated again to interviewers that [S2] will often pitch money-making ideas or projects — “Let’s work together. I [S2] can try and get [redacted] to answer a question, but I’ll need some money to do it.”] [S3] has an understanding that [PSS] is “connected.” In fact, either [redacted] morning or [redacted] morning, [S3] reached out to [PSS] and asked him for help in [redacted] on how [redacted] living in the United States are viewing the Trump administration. She is asking him [redacted] by the weekend, probably so she can sell it to a friend in Moscow.

And because PSS asked Orbis to help S1 — the guy with close ties to an FSB officer — get a scholarship for language study in the UK, S1 presumably knows what Orbis and who Steele is.

In addition to S1, Source 5 also has ties to Russian intelligence. This showed up in footnote 339, which was partly declassified earlier this year.

This is to be expected, of course. Indeed, the dossier prominently touts the intelligence sourcing of its allegations, as I noted the first day the dossier was published. If the person on whose source network Steele was relying didn’t have ties to spooks, it would be as problematic.

The thing, though, is that it’s certain now that many of the allegations in the dossier are not true or were rumor, particularly virtually all the allegations sourced to Source 3 (the source for all the Michael Cohen reporting), PSS’s childhood friend whom he trusts 100%. That’s true even though generally the reports were sourced to people with at least indirect access to senior level officials.

All the huffing and puffing aside, that should be the takeaway from this. Steele was definitely not collecting this intelligence in optimal fashion, and sharing it with the press made things far worse. But in January 2017, it looked like raw intelligence, of varying quality, which is precisely what it was billed at. Yet, well before any pitches Steele made to the press, it seems some really well-connected people in Russia were feeding Steele’s PSS information that distracted from the real events going on and focused it elsewhere.