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EDNY Accuses Tom Barrack of “Harvesting Assets” by Crafting Policy to Help UAE in a Trump Presidency

DOJ has superseded Tom Barrack’s indictment. It did not charge any of his not-yet charged co-conspirators, though it added language pertaining to Paul Manafort’s role, making him US Person 1 and demoting Steve Bannon to US Person 2. Two new paragraphs about Manafort’s role describe him crafting Trump’s platform to take out a promise to release 28 pages of the 9/11 Report implicating the Saudis.

The big addition to the indictment, however, focuses on Barrack’s payoff: investment by UAE’s Sovereign Wealth Fund in Colony Capital (remember, Colony is paying for Barrack’s defense). In the two years after Barrack helped UAE craft Trump’s policies, Colony got commitments for $374 million in investments from the SWF.

According to records maintained by Company A, Company A raised no new capital from United Arab Emirates sovereign wealth funds between 2009 and 2016. However, in2017 and 2018, in part as a result of the efforts of the defendants THOMAS JOSEPH BARRACK and MATTHEW GRIMES and the assistance of the defendant RASHID SULTAN RASHID AL MALIK ALSHAHHI and United Arab Emirates officials, Company A raised approximately $374 million in capital commitments from United Arab Emirates sovereign wealth funds.

The superseding indictment describes how Colony set up a fund with the intent of “harvesting assets” that will benefit from a Trump presidency, garnering political credibility by contributing to Trump’s policies.

On or about December 13,2016, the defendant MATTHEW GRIMES emailed himself a document summarizing the structure of the proposed investment fund, which stated in relevant part that “[w]hile the primary purpose of the [investment fund] [will be] to achieve outsized financial returns, it will also accomplish a secondary mandate to garner political credibility for its contributions to the policies of [the President-Elect]. . . . We will do so by sourcing investing, financing, operationally improving, and harvesting assets in . . . those industries which will benefit most from a [President-Elect] Presidency.” [my emphasis]

There are no charges tied to “harvesting” the Trump policies that Barrack would push (though it makes the forfeiture allegations far meatier). It does, however, make it clear that’s what the Trump presidency was about: selling policy to rich autocrats around the world.

And particularly given the way Barrack ensured that Mohammed bin Salman would be treated as if he were already Crown Prince by the Trump administration, it makes Jared Kushner’s similar “harvesting” of Trump policies look all the more suspect.

Hillary Clinton’s Devious Plot to Get Oleg Deripaska to Install Paul Manafort as Trump’s Campaign Manager

Out of curiosity and a good deal of masochism, I listened to the latest podcast of “The Corner,” the frothy right wingers who spend their time spinning conspiracy theories about the Durham investigation.

It was painful.

At every step, these men simply assert evidence must exist — like a Democratic order to bring dirt to the FBI — for which there’s no evidence. They ignore really basic facts, such as that Sussmann was necessarily working with the FBI because his client was being systematically hacked, and therefore it wasn’t just Christopher Steele who had ongoing ties to the Bureau. They make a huge deal about the fact that the US government’s Russian experts know each other, and that Christopher Steele persistently reported on topics — like Rosneft — that really were and are important to British and US national security and on which he had legitimate expertise.

They’re already starting to make excuses for Durham (such as that Durham chose not to obtain privileged emails the same way Mueller and SDNY did, without noting that Mueller had probable cause of a crime, which Durham admits he does not, much less that Mueller got them in a different way and a different time then they believe he did).

They keep making much of the coincidence of key dates in 2016 — “We continue to have a very, very tight timeline that that accelerates” — but never mention either the WikiLeaks dump of the DNC emails or Trump’s request that Russia hack Hillary some more, a request that was followed closely by a new wave of attacks. Those two events in July 2016 explain most of the actions Democrats took in that period, and these men don’t even exhibit awareness (or perhaps the belief?) that the events happened.

Worse still, they are ignorant of, or misrepresent, key details.

For example, all but Hans Mahncke assert that John Brennan must have been acting on some kind of corrupt intelligence in July 2016, rather than real intelligence collected from real Russian sources. They do so even though Billy Barr described in his book bitching at Trump after Trump complained that Durham found that, “the CIA stayed in its lane in the run-up to the [2016] election.”

Emblematic of the fraying relationship between the President and me was a sharp exchange at the end of the summer in the Oval Office. To give the President credit, he never asked about the substance of the investigation but just asked pointedly when there might be some sign of progress. On this occasion, we had met on something else, but at the end he complained that the investigation had been dragging on a long time. I explained that Durham did not get the Horowitz report until the end of 2019, and up till then had been look- ing at questions, like any possible CIA role, that had to be run down but did not pan out.

“What do you mean, they didn’t pan out?” the President snapped.

“As far as we can tell, the CIA stayed in its lane in the run-up to the election,” I said.

The President bristled. “You buy that bullshit, Bill?” he snarled. “Everyone knows Brennan was right in the middle of this.”

I lost it and answered in a sarcastic tone. “Well, if you know what happened, Mr. President, I am all ears. Maybe we are wasting time do- ing an investigation. Maybe all the armchair quarterbacks telling you they have all the evidence can come in and enlighten us.”

Durham looked for this evidence for years. It’s not there (and therefore the intelligence Brennan viewed is something other than the dossier or even the Russian intelligence product that the frothers also spin conspiracies on).

All but Fool Nelson misrepresent a July 26, 2016 email from Peter Fritsch to WSJ reporter Jay Solomon, which says, “call adam schiff, or difi for that matter. i bet they are concerned about what page was doing other than giving a speech over 3 days in moscow,” suggesting that that must be proof the top Democrats on the Intelligence Committees had the Steele dossier, rather than proof that it was a concern to see an advisor to a Presidential campaign traveling to Russian and saying the things Page was saying. (Jeff Carlson makes the same complaint about former Ambassador to Russia Michael McFaul’s observations about something that all experienced Russia watchers believed was alarming in real time.)

They get the evidence against Carter Page wrong, among other ways by misstating that all his time in Moscow had been accounted for and that the rumor he met with Igor Sechin was ever entirely debunked. “Of course it’s impossible. He was chaperoned. He had a hotel. He had a driver. Without people noticing.” For example, the son of the guy who brought Page to Russia, Yuval Weber, told the FBI that they weren’t with Page 100% of the time and there was a rumor that he had met with Sechin.

In July, when Page had traveled to give the commencement speech at NES, Weber recalled that it was rumored in Moscow that Page met with Igor Sechin. Weber said that Moscow is filled with gossip and people in Moscow were interested in Page being there. It was known that a campaign official was there.

Page may have briefly met with Arkady Dvorkovich at the commencement speech, considering Dvorkovich was on the board at NES. But Weber was not aware of any special meeting.

[redacted] was not with Page 100% of the time, he met him for dinner, attended the first public presentation, but missed the commencement speech. They had a few other interactions. Page was very busy on this trip.

This testimony was consistent with Mueller’s conclusion about Page’s trip: given boasts he made to the campaign, “Page’s activities in Russia — as described in his emails with the Campaign — were not fully explained.”

They badly misrepresent emails between a handful of journalists and Fusion GPS, spinning real skepticism exhibited by journalists as journalists somehow conspiring with Fusion. Indeed, they repeatedly point to an email from WaPo’s Tom Hamburger pushing back on the Sechin claim, “That Page met with Sechin or Ivanov. ‘Its bullshit. Impossible,’ said one of our Moscow sources.” They claim that Hamburger nevertheless reported the story after that. They’re probably thinking of this story, which reported Page’s 2014 pro-Sechin comments, not that he had met with the man in 2016.

After the Obama administration added Rosneft Chairman Igor Sechin to its sanctions list in 2014, limiting Sechin’s ability to travel to the United States or do business with U.S. firms, Page praised the former deputy prime minister, considered one of Putin’s closest allies over the past 25 years. “Sechin has done more to advance U.S.-Russian relations than any individual in or out of government from either side of the Atlantic over the past decade,” Page wrote.

In other words, they’re claiming journalists doing actual journalism and not reporting what Fusion fed them is somehow corrupt, when it is instead an example, among many, of failed attempts by Fusion to get journalists to run with their tips.

They complain that Fusion was pointing journalists to Felix Sater, in spite of the fact that Sater really was central to tying Trump Organization to Russian funding and really did pitch an impossibly lucrative real estate deal in the year before the campaign that involved secret communications with the Kremlin and sanctioned banks and a former GRU officer, a deal that Michael Cohen and Trump affirmatively lied to cover up for years.

They grossly misrepresent a long text to Peter Strzok reflecting someone else’s early inquiries on the DNS allegation to Cendyn, imagining (the redaction notwithstanding) that it reflects the FBI concluding already at that point that there was nothing to the DNS allegations and not that the FBI inquiry instead explains why Trump changed its own DNS records shortly thereafter (addressing one but not both of the questions raised by NYT reporting).

Obviously, none of them seem interested in the nearly-contemporaneous text from Strzok noting that “Russians back on DNC,” presumably reflecting knowledge of the serial Russian effort to steal Hillary’s analytics stored on an AWS server, a hack that — because it involved an AWS server, not a DNC-owned one — not only defies all the favorite right wing claims about what went into the Russian attribution, but also explains why Sussmann would be so concerned about seeming evidence of ongoing covert communication between Trump and a Russian bank. The Russians kept hacking, both in response to Trump’s request in July, and in the days before and after Sussmann met with James Baker in September.

Crazier still, none of these men seem to have any understanding of two details of the back-and-forth between Sussmann, the FBI, and NYT, one that is utterly central to the case against Sussmann. They conflate a request FBI made to NYT days after Sussmann’s meeting with the FBI to kill the story — one made with the assent of Sussmann and Rodney Joffe — with later follow-up reporting by the NYT reporting that the FBI had not substantiated the DNS allegation. Those were at least two separate calls! Durham had chased down none of them before he indicted Sussmann. It wasn’t until almost six months after charging Sussmann that Durham corroborated Sussmann’s HPSCI testimony that Sussmann and Joffe agreed to help kill the initial NYT story, which provides a lot of weight to Sussmann’s explanation for his meeting with James Baker, that he wanted to give the FBI an opportunity to investigate the allegation before the press reported on it. As a result, Mahncke states as fact that Sussmann’s September 18 text telling Baker, “I’m coming on my own – not on behalf of a client or company – want to help the Bureau,” (even ignoring the temporal problem it creates for Durham’s charge) proves Sussmann lied, when in fact, his and Joffe’s efforts to help the Bureau kill the story strongly supports Sussmann’s public story.

If you don’t know that Sussmann and Joffe helped the FBI to kill what would have been a damning story about Trump, you’re not assessing the actual evidence against Sussmann as opposed to Durham’s conspiracy theories.

All that said, laying out all the ways the supposed experts on the frothy right prove they’re unfamiliar with the most basic details about events in 2016 and since is not why I wrote this post.

I wrote this post because of the way Fool attempted to explain away the inconvenience of Paul Manafort to his narrative. Fool went on at length showing how (a possible Russian fabrication claiming) Hillary’s plan to focus on Trump’s ties to Russia must have predicated an investigation that started before that point. He ignored, entirely, that an FBI investigation had already been opened on Page by then (and all four frothers ignore that Fusion started focusing on Page when Paul Singer was footing the bill). But Fool does acknowledge that the money laundering investigation into Manafort had already been opened before Crossfire Hurricane started. He treats Manafort’s very real corrupt ties to Putin-backed oligarchs as a lucky break for what he imagines to be Hillary’s concocted claims, and not a fact that Trump ignored when he hired the man to work for him “for free.” “Luckily, I don’t know if this was a coincidence or not, Manafort joined the Trump campaign and that gave them a reason to look deeper.” In other words, Fool suggests Manafort’s hiring might be part of Hillary’s devious plot, and not the devious plot of Oleg Deripaska to get an entrée to Trump’s campaign or the devious alleged plot of Mohammed bin Zayed to direct Trump policy through Tom Barrack.

Because I expect the circumstances of Manafort’s hiring may become newsworthy again in the near future and because Deripaska was pushing an FBI investigation into Manafort before Hillary was, I wanted to correct this detail.

According to Gates, the effort to install Manafort as campaign manager started earlier than most people realize, in January 2016, not March.

In January 2016, Gates was working mostly on [redacted] film project. Gates was also doing some work on films with [redacted] looking for new DMP clients, and helping Manafort pull material together to pitch Donald Trump on becoming campaign manager. Roger Stone and Tom Barrack were acting as liaisons between Manafort and Trump in an effort to get Manafort hired by the campaign. Barrack had a good relationship with Ivanka Trump.

Tom Barrack described to Mueller how Manafort asked for his help getting hired on Trump’s campaign in that same month, January 2016.

But Manafort may have started on this plan even before January 2016. Sam Patten told SSCI Kilimnik knew of the plan in advance. Patten’s explanation of his involvement in the Mueller investigation describes Ukrainian Oligarch Serhiy Lyovochkin asking him about it in late 2015.

In late 2015, Lyovochkin asked me whether it was true that Trump was going to hire Manafort to run his campaign. Just as I told Pinchuk that Putin’s perception of America’s capabilities was ridiculous, I told Lyovochkin that was an absurd notion; that Trump would have to be nuts to do such a thing.

In any case, even before his hiring was public, on March 20, Manafort wrote his Ukrainian and Russian backers to let them know he had installed himself with the Trump campaign. He sent one of those letters to Oleg Deripaska, purportedly as a way to get the lawsuit Deripaska had filed against Manafort dropped.

Gates was shown an email between Gates and Kilimnik dated March 20, 2016 and four letters which were attached to this email. Gates stated he was the person who drafted the letters on Manafort’s behalf. Manafort reviewed and approved the letters.

Manafort wanted Gates to draft letters announcing he had joined the Trump Campaign. Manafort thought the letters would help DMP get paid by OB and possibly help confirm that Deripaska had dropped his lawsuit against Manafort. Manafort wanted Kilimnik to let Deripaska know he had been hired by Trump and he needed to make sure there were not lawsuits against him.

Gates was asked why Manafort could not have employed counsel to find out of the Deripaska lawsuit had been dropped. Gates stated Manafort wanted to send Deripaska a personal note and to get a direct answer from Deripaska. Gates also thought this letter was a bit of “bravado on Manafort’s part.”

Gates was asked if the purpose of the letter to Deripaska was to determine if the lawsuit had been dropped, why didn’t the letter mention the lawsuit. Gates stated that Manafort did not want to put anything about the lawsuit in writing.

This explanation, true or not (and it’s pretty clear the FBI didn’t believe it), is critical to the frothers because even before Christopher Steele started collecting information on Trump, he was collecting information on Manafort at the behest of Deripaska in conjunction with this lawsuit. And Steele was feeding DOJ tips about Deripaska’s lawsuit before he started feeding the FBI dirt paid for by Hillary’s campaign. The first meeting at which Steele shared dossier information with Bruce Ohr, for example, Steele also pushed the Deripaska lawsuit, and not for the first time.

Either the Deripaska lawsuit was a cover story Manafort used consistently for years (including through his “cooperation” with Mueller in 2018), or it was real. Whichever it was, it bespeaks some kind of involvement by Deripaska long before Hillary got involved. Viewed from that perspective, the dossier (and Deripaska’s presumed success at filling it with disinformation) was just part of a brutal double game that Deripaska was playing with Manafort, one that led Manafort to share campaign strategy and participate in carving up Ukraine, another event the frothers are trying to blame on the ever-devious Hillary. Whichever it is, the process by which a bunch of Putin allies in Ukraine knew Trump was going to hire Manafort before Trump did is a big part of the story.

But according to the frothers, Hillary Clinton is just that devious that she orchestrated all of this.

Tom Barrack Appears to Claim Trump Knew Barrack Was Catering US Foreign Policy to the Emirates

In this post, I described the import of the false statement and obstruction charges against Tom Barrack. While Barrack may have been honest about his ties to the Emirates in a 2017 interview with Robert Mueller’s prosecutors, he is accused of lying about those ties in 2019, which — if DOJ has the goods on those later lies — will make it clear he was affirmatively hiding his role at that point.

[A]ssuming the FBI didn’t charge a billionaire with false statements without having him dead to rights on the charges, by June 2019, the FBI foreclosed several of the defenses that Barrack might offer going forward: that he was doing all this as a legal commercial transaction (which is exempt from the foreign agent charges) or that he wasn’t really working for UAE, he just thought the alliance really served US interests and indulged the Emiratis by referring to MbZ as “boss.” By denying very basic things that the FBI appears to have records for, then, Barrack made it a lot harder to argue — in 2021 — that’s there’s an innocent explanation for all this.

[snip]

This case will sink or swim on the strength of the false statements charges, because if Barrack’s alleged lies in June 2019 were clearcut, when he presumably believed he would be protected by Barr and Trump, then it makes several likely defenses a lot harder to pull off now.

The government made the same argument in a filing last month responding to Barrack’s motion to dismiss: If Barrack did not know his back channel with the Emirates was a problem, why did he (allegedly) lie about it?

Although not dispositive to Barrack’s vagueness challenge, if Barrack actually believed that he had done nothing wrong, it is unclear why he allegedly lied to FBI special agents during his voluntary June 20, 2019 interview as set forth in Counts Three through Seven of the Indictment.

It’s now clear that Barrack’s alleged false statements are even more important than that.

That’s because Barrack is now arguing that, because the Trump Administration approved of how Barrack was peddling US policy to the Emirates, Barrack could not have been a secret foreign agent under 18 USC 951.

That revelation has slowly become clear over the course of a dispute over discovery (motion, response, reply) pertaining to Barrack’s demand, among other things, for, “all communications between Mr. Barrack and the Trump Campaign and Administration regarding the Middle East.”

In the government’s response, they note that 18 USC 951 requires notice to the Attorney General, not to members of a private political campaign.

The defendants argue that evidence of Barrack’s disclosure of his UAE connections to members of the Trump Campaign are exculpatory. But Section 951 requires notice to the Attorney General, not to private citizens affiliated with the Trump Campaign. See 18 U.S.C. § 951(a). This makes sense, since the Attorney General is the official charged with enforcing the law and the senior official in charge of the FBI, the agency responsible for investigating and responding to unlawful foreign government activity inside the United States. By contrast, members of the Trump Campaign have no such responsibilities with respect to the internal national security of the United States and had no authority to sanction or bless the defendants’ illegal conduct. They are not government officials, and even if they were, they are not the Attorney General or a representative thereof.

According to the indictment, Paul Manafort not only knew that Barrack was working for the Emirates, but was cooperating with Barrack’s efforts.

In Barrack’s reply, after a heavily redacted passage, he complains about DOJ’s claim — made in the press conference announcing his arrest — that he had deceived Trump about what he was doing.

The government’s position is particularly astonishing in light of its public claim at the time of Mr. Barrack’s arrest that he had deceived Mr. Trump and the administration. Specifically, the then-Acting Assistant Attorney General for the National Security Division announced that the “conduct alleged in the indictment is nothing short of a betrayal of those officials in the United States, including the former President,” and that this indictment was needed to deter such “undisclosed foreign influence.” [citation removed] In that same press release, the Assistant Director in Charge of the FBI NY Field Office asserted that the indictment was about “secret attempts to influence our highest officials.” Id. When Mr. Barrack raised concerns with the government about these false statements in the press release, the government responded that these statements were a fair representation of the conduct alleged in the indictment. [citation removed] Thus, in one breath the government claims that Mr. Barrack deceived Mr. Trump and the administration and that such evidence is part of its case, but in the next breath contends that contrary evidence is neither relevant nor exculpatory and apparently withheld such discovery on that basis.

Barrack’s lawyers include the 2021 comments about whether Trump knew of all this as exhibits, but more recent correspondence about it remains sealed.

In other words, Barrack seems to be arguing, he didn’t betray Trump; Trump wanted him to cater American foreign policy to rich Gulf Arab nations.

Barrack spends four pages of his reply making the same kinds of complaints about the documentation of his 2019 FBI interview that Mike Flynn made in 2020, even complaining that the fact that the AUSAs prosecuting the case were in the room makes them conflicted on the case. It’s clear why he did so: because if Barrack did lie to an FBI run by Trump’s appointed FBI Director and ultimately overseen by Bill Barr in 2019, then he was continuing to hide his influence-peddling from the one person that mattered under the law, Bill Barr (though given what we know of Barr’s interference in Ukraine investigations, I would be unsurprised if Barr knew that Trump knew of Barrack’s ties to the Emirates, which would explain why he swapped out US Attorneys in EDNY at the time).

Remember: Barrack is alleged to have been pursuing policies pushed by Mohammed bin Zayed. But among the things he is accused of doing for the Emirates was to “force” the White House to elevate Saudi Crown Prince Mohammed bin Salman (then just the Deputy Crown Prince) during a visit to DC in March 2017. At the time the FBI interviewed Barrack in June 2019, Trump was under significant pressure for his possible complicity in the Jamal Khashoggi assassination.

And now — at a time when EDNY is talking about indicting Barrack’s not-yet indicted co-conspirators — we learn that MbS invested $2 billion dollars in Jared Kushner’s brand new firm even in spite of all the reasons not to.

Six months after leaving the White House, Jared Kushner secured a $2 billion investment from a fund led by the Saudi crown prince, a close ally during the Trump administration, despite objections from the fund’s advisers about the merits of the deal.

A panel that screens investments for the main Saudi sovereign wealth fund cited concerns about the proposed deal with Mr. Kushner’s newly formed private equity firm, Affinity Partners, previously undisclosed documents show.

Those objections included: “the inexperience of the Affinity Fund management”;the possibility that the kingdom would be responsible for “the bulk of the investment and risk”; due diligence on the fledgling firm’s operations that found them “unsatisfactory in all aspects”; a proposed asset management fee that “seems excessive”; and “public relations risks” from Mr. Kushner’s prior role as a senior adviser to his father-in-law, former President Donald J. Trump, according to minutes of the panel’s meeting last June 30.

But days later the full board of the $620 billion Public Investment Fund — led by Crown Prince Mohammed bin Salman, Saudi Arabia’s de facto ruler and a beneficiary of Mr. Kushner’s support when he worked as a White House adviser — overruled the panel.

Barrack’s apparent claim that Trump knew exactly what he was doing does nothing to change his legal posture before Trump became President, and DOJ indicted this before the statute of limitation expired on that conduct.

But the apparent claim that Trump knew about this — and the possibility that Barr did too, at least after the fact — would change the kind of crime that happened in 2017, after Trump became President. And, possibly, the culprit.

The George Nader Problem: NSA Removes the Child Exploitation Content from Its Servers

When Lebanese-American dual citizen George Nader was stopped at Dulles after arriving on a flight from Dubai on January 17, 2018, he had at least 12 videos on his phone depicting boys as young as two years old being sexually abused, often with the involvement of farm animals. In the days before a Mueller prosecutor obtained the contents of the three phones Nader had with him, Nader sat for at least four interviews with Mueller’s prosecutors and told a story (which may not have been entirely forthright) about how he brokered a meeting in the Seychelles between Russia and Erik Prince a year earlier. Nader exploited Prince’s interest in work with Nader’s own employer — Mohammed bin Zayed — to set up the back channel meeting, and as such was a very effective broker in the service of two foreign countries, one hostile to the US. As such, I assume, Nader became a key counterintelligence interest, on top of whatever evidence he provided implicating Trump and his flunkies.

Mueller’s team got the returns on Nader’s phones back on March 16. An FBI Agent in EDVA in turn got a warrant for the child porn. But two days after the agent got the warrant return, Nader skipped town and remained out of the country until days after Mueller shut down his investigation, at which point he returned to the US and was promptly arrested for his abuse of children. Even without the other influence peddling that Nader had done on behalf of the Emirates, he would have remained a key counterintelligence interest for the entire 14 months he remained outside the country. After all, Nader had been making key connections since at least the time he introduced Ahmed Chalabi to Dick Cheney, and probably going back to the Clinton Administration.

So it is quite possible that for the entire period Nader was out of the country, he was surveilled. If that happened, it almost certainly would have happened with the assistance of NSA. As an agent of Dubai, he would be targetable under FISA, but as a US citizen, targeting him under FISA would require an individualized FISA warrant, and the surveillance overseas would take place under 705b.

If the surveillance did happen, Nader’s sexual abuse of boys would have had foreign intelligence value. It would be of interest, for example, to know who knew of his abuse and whether they used it as leverage over Nader. The source of the videos showing the children being exploited would be of interest. So, too, would any arrangements Nader made to procure the actual boys he abused, particularly if that involved high powered people in Middle Eastern countries.

Understanding how George Nader fit in international efforts to intervene in US affairs would involve understanding his sexual abuse of boys.

And that poses a problem for the NSA, because it means that really horrible content — such as Nader’s videos showing young boys being abused with goats for the object of an adult’s sexual pleasure — is among the things the NSA might need to collect and analyze.

I’ve been thinking about George Nader as I’ve been trying to understand one detail of the recent FISA 702 reauthorization. In January 2020, the NSA got permission to — in the name of lawful oversight — scan its holdings for child exploitation, stuff like videos of adults using goats to sexually abuse very young boys.

In a notice filed on January 22, 2020, the government informed the Court that NSA had developed a method, [redacted] of known or suspected child-exploitation material (including child pornography), to identify and remove such material from NSA systems. To test this methodology, NSA ran the [redacted] against a same of FISA-acquired information in NSA systems. The government concedes that queries conducted for such purposes do not meet generally applicable querying standard; nor do they fall within one of the lawful oversight functions enumerated in the existing NSA querying procedures. Nevertheless, NSD/ODNI opined that “the identification and removal of child exploitation material … from NSA systems that is a lawful oversight function under section IV.C.6,” and that the deviation from the querying procedures was “necessary to perform this lawful oversight function of NSA systems.” Notice of Deviation from Querying Procedures, January 22, 2020, at 3; see Oct. 19, 2020, Memorandum at 10.

NSA anticipates using such queries going forward, likely on a recurring basis, to proactively identify and remove child-exploitation material from its systems. The government submits that doing so is necessary to “prevent [NSA] personnel from unneeded exposure to highly disturbing, illegal material.” October 19, 2020, Memorandum at 10. The Court credits this suggestion and likewise finds that performance of these queries qualifies as a lawful oversight function for NSA systems. But the Court encouraged the government to memorialize this oversight activity in § IV.C.6, among the other enumerated lawful oversight functions that are recognized exceptions to the generally acceptable querying standards.

The government has done so. Section IV.C.6 now includes a new provision for “identify[ing] and remov[ing] child exploitation material, including child pornography, from NSA systems.” NSA Querying Procedures § IV.C.6.f. The Court finds that the addition of this narrow exception has no material impact on the sufficiency of the querying procedures taken as a whole.

At first, I thought they were doing this to protect the children. Indeed, my initial concern was that NSA was using these scans to expand the use of NSA queries for what wound up being law enforcement action, such that they could ask to do similar scans for the seven other crimes they’ve authorized sharing FISA data on (though of the other crimes, only snuff videos would be as easy to automate as child porn, which has a well-developed technology thanks to Facebook and Google). I thought that, once they scanned their holdings, they would alert whatever authority might be able to rescue the children involved that they had been victimized. After all, under all existing minimization procedures, the NSA can share proof of a crime with the FBI or other relevant law enforcement agency. Indeed, in 2017, FISC even authorized NSA and FBI to share such evidence of child exploitation with the National Center for Missing and Exploited Children, so they could attempt to identify the victims, help bring the perpetrators to justice, and track more instances of such abuse.

But that doesn’t appear to be what’s happening.

Indeed, as described, “saving the victims” is not the purpose of these scans. Rather, preventing NSA personnel from having to look at George Nader’s pictures showing goats sexually abusing small boys is the goal. When I asked the government about this, NSA’s Director for Civil Liberties, Privacy and Transparency, Rebecca Richards, distinguished finding child exploitation material in the course of intelligence analysis — in which case it’ll get reported as a crime — from this, which just removes the content.

NSA does not query collected foreign intelligence information to identify individuals who may be in possession of child exploitation material. This particular provision allows NSA to identify and remove known or suspected child-exploitation material (including child pornography) from NSA systems.

The Court agreed that this was appropriate lawful oversight to “prevent [NSA] personnel from unneeded exposure to highly distributing, illegal material.” The point of the query is not to surface the material for foreign intelligence analysis, the function of the query is to remove the material. If NSA finds such information in the course of its analytic process to identify and report on foreign intelligence, it will review and follow necessary crimes reporting.

The Court credits the suggestion to conduct this activity as part of NSA’s lawful oversight function. [my emphasis]

I asked NSA a bunch of other questions about this, but got no further response.

First, isn’t the NSA required to (and permitted to, under the minimization procedures) alert the FBI to all such instances they find? So wouldn’t this be no different from a law enforcement search, since if found it will lead to the FBI finding out about it?

Second, as offensive as this stuff is, isn’t it also of value from a foreign intelligence perspective? Ignoring that George Nader is a US person, if a high profile advisor to MbZ was known to exploit boys, wouldn’t that be of interest in explaining his position in MbZ’s court and his preference for living in Dubai instead of VA? Wouldn’t it be of interest in understanding the counterintelligence threat he posed?

If it is of FI interest (I seem to recall a Snowden revelation where similar discoveries were used against a extremist cleric, for example), then how is it recorded to capture the FI use before it is destroyed? And in recording it, aren’t there NSA and/or FBI personnel who would have to look more closely at it? Wouldn’t that increase the amount of child exploitation viewed (presumably with the benefit of finding more predators, even if they are outside US LE reach)?

Finally, can you tell me whether NCMEC is involved in this? Do they receive copies of the material for their databases?

Are you saying that if the NSA finds evidence of child exploitation via these searches, it does not refer the evidence to FBI, even if it implicates victims in the United States?

Another question I have given Richards’ response is, why would NSA personnel be accessing collections that happen to include child exploitation except for analytic purposes?

But maybe that’s the real answer here: NSA employees would access child exploitation 1) for analytical purposes (in which case, per Richards, it would get reported as a crime) or 2) inappropriately, perhaps after learning of its presence via accessing it for analytic purposes (something that is not inconsistent with claims Edward Snowden has made).

After all, there have been two really high profile examples of national security personnel accused of critical leaks in the last decade who also have been accused of possessing child pornography: Donald Sachtleben, who after he was busted for (amazingly) bringing child porn on his laptop into Quantico, he later became the scapegoat for a high profile leak about Yemen, and Joshua Schulte, on whose computer the government claims to have found child porn on when it searched the computer for evidence that he stole all of CIA’s hacking tools.

So perhaps the NSA is just removing evidence of child exploitation from its servers — which it spent a lot of resources to collect as foreign intelligence — to avoid tempting NSA employees from accessing it and further victimizing the children?

If that’s correct, then it seems that NSA has taken a totally backwards approach to mitigating this risk.

If you’re going to scan all of NSA’s holdings to ID child exploitation, why not do so on intake, and once found, hash and encrypt it immediately. Some of what analysts would be interested in — tracking the dissemination of known child porn or the trafficking of known victims by transnational organized crime, for example — could be done without ever viewing it, solely after those existing hashes. If there were some other need — such as identifying a previously unidentified victim — then the file in question can be decrypted as it is sent along to FBI. That would have the added benefit of ensuring that if NSA personnel were choosing to expose themselves to George Nader’s videos of young boys being abused with farm animals, then the NSA would have a record of who was doing so, so they could be fired.

I get why the NSA doesn’t want to host the world’s biggest collection of child abuse, particularly given its difficulties in securing its systems. I don’t have any answers as to why they’re using this approach to purge their systems.

Erik Prince Was Like a “Kid at Christmas” When He Met the Sanctioned Russian Bearing Normalized Business Relations

DOJ released the latest bunch of Mueller 302s in response to the BuzzFeed FOIA last night. They include the 302 from an Erik Prince interview on April 4, 2018.

There are, as is the norm for DOJ’s politicized treatment of this FOIA, redactions of embarrassing stuff and unredacted descriptions that later testimony would prove to be a lie. Much of that hides Prince’s relationship with Roger Stone, including his funding of Stone’s racist voter suppression efforts in 2016.

But with regards to Prince’s meeting with Kirill Dmitriev in the Seychelles in January 2017, the 302 is crazy. It makes it clear that Prince walked into the meeting hoping to make a buck and denied to the FBI knowing that making a buck from Dmitriev would require lifting sanctions on Russia.

Prince describes knowing George Nader back to 2006, when he was working for the Vice President of Iraq — Prince called Nader a “courtesan.” Prince provided details about the meeting, during the election, when Nader set up a meeting with Joel Zamel, offering social media products. The meeting was specifically tied to overturning Obama’s Iran deal, and Prince is the one who decided to bring Don Jr rather than Steve Bannon.

Early in the interview, Prince described his mercenary business with the Emirates, explaining that he focused on “‘peripheral’ areas where the Department of Defense does not have a significant presence, such as Yemen, Somalia, and Libya.” As part of his description of his relationship with Mike Flynn, whom he first met in June 2016, Prince describes “another time” meeting with Flynn in an Irish bar to talk “about how to put out fires in peripheral areas,” the same phrase he used to describe the places his mercenaries work.

Prince described knowing nothing about the December 15, 2016 meeting between Flynn, Kushner, Bannon, and Mohammed bin Zayed in NYC. But then the FBI showed him texts showing that he and Nader met right around the meeting, and Nader said he could not wait to “Follow up on our excited mission,” which Prince understood as a reference to using his mercenaries in Yemen. Prince also confirmed that texts from December 20 pertaining to “big real hunting” in the “neighboring country” also pertained to his plan to use mercenaries in Yemen. Prince’s description of the meeting he had with MbZ in the Seychelles immediately preceding his meeting with a back channel to Russia also invoked, “peripheral countries where the UAE had troops, like Somalia, Libya and Yemen.”

Over and over, this 302 makes it clear that MbZ was dangling more mercenary contracts for Prince, and he was eager to get them.

In precisely that period in December when Nader was floating business deals in “peripheral countries,” per a question Prince was asked, Nader sent him a picture of himself with Vladimir Putin, which Prince offered some lame excuse for.

Prince does not know why Nader sent Prince an image of Nader and Putin together, other than the fact that Nader always likes to show off his connections.

It’s in that context that Prince and Nader ended up planning and then  meeting in New York at least twice on January 3 and 4, 2017, possibly bracketing at least one meeting Prince had with Bannon at Trump Tower.

In the same way Prince had no explanation for the Putin image, Prince had no explanation for why Nader sent him information on Kirill Dmitriev on January 3 and 4. Nor did he have any recollection of calling … someone, whose name is redacted (earlier, the interview established that Prince had Trump’s direct phone line). Later, however, after his meeting in the Seychelles with Dmitriev, Prince recalls sharing the very same bio with Bannon, though it may have been a separate screen cap of the same bio.

But the context of his meeting with Dmitriev, set up by someone Prince called a courtesan, is that Prince badly wanted more business with MbZ, and that’s how he was lured to a meeting with a sanctioned Russian after getting sent a picture of Putin.

Prince was like a kid at Christmas about his meeting with MBZ, he could only focus on the presents under the tree. Prince had previously conducted significant business with the UAE and he hoped to gain business for the future.

Before Prince had the meeting with Dmitriev, MbZ first asked Prince — the self-described kid at Christmas eager for presents from MbZ — whether he could deliver the Trump Administration.

In Prince’s mind, Prince was not there on behalf of the upcoming Trump administration. Prince did not play up his relationship with Bannon or anyone else close to Trump. MBZ asked though whether Prince thought that the Trump administration would support the ideas that they were discussing. In response, Prince cited Trump’s campaign promises and what Prince had heard from Trump’s Strategic Policy Advisor, Bannon, on the issues.

Only then, after giving MbZ — the guy from whom Prince wanted Christmas presents in the form of more contracts for mercenary work  — the answers he wanted, did Prince meet with Dmitriev, the back channel from Russia. Here’s how savvy man of the world and self-described kid at Christmas seeking presents Erik Prince addressed sanctions.

Dmitriev also talked about the two countries resuming normal trade relations, but Prince does not recall Dmitriev specifically mentioning sanctions.

Then there’s this interesting bit where Prince presumes to speak for what Dmitriev, whom he claims he met for mere minutes over beer, was thinking.

Dmitriev knew Prince had been a loud advocate for Trump but Prince does not recall Dmitriev speaking as if Prince was a contact to the Trump people.

[snip]

Dmitriev insinuated to Prince that he wanted Prince to pass along the message of better relations to people in the U.S. Dmitriev emphasized wanting to get past the past. Prince does not recall any discussion of potential Russian interference in the 2016 Presidential election. [my emphasis]

There’s a paragraph in the 302, right after Prince offers yet more ridiculous explanations for why he would have gotten Dmitriev’s bio before meeting if the meeting weren’t pre-arranged that should explain whether Prince knew, having read Dmitriev’s bio, he understood that his bank was under sanctions. But it is redacted for privacy reasons.

In spite of all the evidence that he couldn’t explain of advance warning that this was a back channel meeting with Russia, Erik Prince by his own description was an easy mark. A child, hoping to open Christmas presents he would only get in context with this back channel meeting.

They dangled more contracts before the mercenary and he took a meeting with a sanctioned Russian, then reported back to Steve Bannon.

The Real News in Bill Barr’s Announcement: He’s Vetoing Campaign Finance Investigations, Too

Yesterday, NYT broke the news that Attorney General Barr had issued a memo, as promised, requiring his approval before opening an investigation into a presidential candidate. (Update: here’s the memo.)

The memo, which said the Justice Department had a duty to ensure that elections are “free from improper activity or influences,” was issued on the same day that President Trump was acquitted on charges that he had abused his office to push a foreign power to publicly announce investigations into his political rivals. The memo said that the F.B.I. and all other divisions under the department’s purview must get Mr. Barr’s approval before investigating any of the 2020 presidential candidates.

The NBC version of this — written by Barr mouthpiece Pete Williams — falsely suggests this decision was justified by the entirety of the IG Report.

His directive follows a report by the Justice Department’s inspector general that harshly criticized the FBI’s investigation of the 2016 Trump campaign. It recommended an evaluation of the kind of sensitive matters that should require high-level approval, particularly those involving politics.

While the IG Report recommended different practices for sensitive investigations going forward, the report actually showed that a lot of conspiracy theories that Barr had embraced about the opening of the investigation and the use of informants were false. The criticisms — as distinct from recommendations — were largely limited to the Carter Page FISA.

The distinction is important because the other excuse Barr offers is that, if an investigation became known — like both the Hillary email investigation and the Breitbart-dirt predicated Clinton Foundations ones — it might affect the election.

“In certain cases, the existence of a federal criminal or counterintelligence investigation, if it becomes known to the public, may have unintended effects on our elections,” Mr. Barr wrote.

Those concerns, combined with the inspector general’s findings, seemed to underpin Mr. Barr’s memo to top Justice Department officials.

All the evidence in the world suggests that the known problems in Crossfire Hurricane stemmed from the opposite problem, working too hard to keep the investigation secret. Had the FBI not worked so hard to keep it secret, it wouldn’t have been run out of FBI HQ, and so would have had more resources available. Had the FBI not avoided overt steps, it would have obtained call records to indicate that George Papadopoulos (and Paul Manafort and Roger Stone), and not Carter Page, should have been the priority targets. Had the FBI not worked so hard to keep this secret, it might have caught several of Trump’s flunkies in the act of selling out the country. (And all three of those men hid information to prevent their actions from becoming known.) And now Bill Barr wants to make it harder, not easier, to find people selling out our country before they do real damage.

Indeed, this extends even to the larger investigation into Russian interference. SSCI released its report on what the Obama Administration should have done better in 2016 yesterday, and many of the criticisms stem from how closely it held the intelligence about the attack, from Congress, election professionals, and agencies that might respond. (The report also undermined Barr’s justification for the Durham investigation, in that it suggested the IC should have warned policy makers far earlier than happened about Russian intentions, and points to John Brennan’s sensitive intelligence about the operation as the first alarm.)

So the stated purpose doesn’t hold up, as most of Barr’s stated purposes don’t. That’s all the more true when you look at how Barr’s rule has dramatically expanded since he first floated it.

As both NYT and NBC noted, Barr announced the policy in January. The policy, as laid out back then, was far more limited — extending just to counterintelligence investigations.

Attorney General William Barr on Monday announced the Justice Department’s first policy change in response to the FBI’s mucking around in the 2016 election. Henceforth, both an AG and the FBI director must sign off on any proposed counterintelligence investigation into a presidential campaign.

Neither the NYT nor NBC describe any such limitation. Indeed, the make it clear that criminal investigations, including into donors!!!, must be approved.

While the department must respond “swiftly and decisively” to credible threats to the electoral process, “we also must be sensitive to safeguarding the department’s reputation for fairness, neutrality and nonpartisanship,” he wrote.

He previewed the new policy at a news conference in January, when he said his approval would be required in future investigations involving presidential candidates or campaigns.
In the memo, Mr. Barr established a series of requirements governing whether investigators could open preliminary or full “politically sensitive” criminal and counterintelligence investigations into candidates or their donors.

No investigation into a presidential or vice-presidential candidate — or their senior campaign staff or advisers — can begin without written notification to the Justice Department and the written approval of Mr. Barr.

The F.B.I. must also notify and consult with the relevant leaders at the department — like the heads of the criminal division, the national security division or a United States attorney’s office — before investigating Senate or House candidates or their campaigns, or opening an inquiry related to “illegal contributions, donations or expenditures by foreign nationals to a presidential or congressional campaign.”

This rule would have protected the following people from any investigation in 2016:

  • Trump, for paying off former sex partners
  • Paul Manafort, for taking $2.4M after discussing carving up Ukraine to Russia’s liking in 2016
  • Roger Stone, for dark money activity and coordination still unresolved as well as optimizing materials stolen from the Democrats
  • Mike Flynn, for being on Turkey’s payroll while attending Top Secret candidate briefings
  • George Papadopoulos, for trying to monetize his access to Trump with foreign countries including Israel
  • Illegal donations from Russians, Malaysians, Emiratis, and Ukrainians in 2016
  • Illegal coordination between the campaign and its SuperPAC

The only criminal investigations into Trump flunkies that wouldn’t have been covered in 2016 would be the money laundering investigation into Manafort (which started two months before he joined the campaign) and, possibly, the counterintelligence investigation into Page (because his tie to the campaign was not known at the time).

As stated, the rule would require pre-approval for the Ukrainian grifter investigation and any investigation into known coordination problems Trump campaign manager Brad Parscale has engaged in. It would protect not just Trump, but also (because they work on his campaign) his failson and son-in-law.

Plus, Barr believes that because the President can’t be indicted, he should not be investigated. So this is, quite literally, a guarantee that no crime Trump commits between now and election day will be investigated — not even shooting someone on Fifth Avenue  (at the federal level, at least, but DOJ has maintained that NYS cannot investigate the sitting president either). Barr has just announced, using fancy language to avoid headlines describing what this is, that from now until November, he will hold President Trump above the law.

Citizens United has opened up a floodgate of barely hidden cash from foreign donors into our elections. This is not a partisan thing; as noted, Mohammed bin Zayed was dumping huge money into both Hillary and Trump’s campaign. And the Attorney General of the United States has just made it easier for foreigners to tamper in our elections.

Barr has snookered reporters into believing this is the same announcement as he made in January.

It’s not. This is not about spying on a campaign, much as Pete Williams wants to pretend it is. This is about telling Trump and his associates they will not be prosecuted by DOJ, going forward, for the same crimes they’ve committed in the past.

Update: Two more details. The memo requires signed approval by the Deputy Attorney General to open a preliminary investigation of any presidential candidate. But it also requires prompt notice to the Assistant Attorney General for any assessment. That means the AG is demanding that his top deputies learn when someone does a database search.

George Nader’s Equal Opportunity Foreign Influence Peddling

George Nader was just indicted again, this time in a straw donor conspiracy involving Allied Wallet CEO Ahmad “Andy” Khawaja and a bunch of other people.

A federal grand jury in the District of Columbia indicted Ahmad “Andy” Khawaja, 48, of Los Angeles, California, on Nov. 7, 2019, along with George Nader, Roy Boulos, Rudy Dekermenjian, Mohammad “Moe” Diab, Rani El-Saadi, Stevan Hill and Thayne Whipple. The 53 count indictment charges Khawaja with two counts of conspiracy, three counts of making conduit contributions, three counts of causing excessive contributions, 13 counts of making false statements, 13 counts of causing false records to be filed, and one count of obstruction of a federal grand jury investigation. Nader is charged with conspiring with Khawaja to make conduit campaign contributions, and related offenses. Boulos, Dekermenjian, Diab, El-Saadi, Hill, and Whipple are charged with conspiring with Khawaja and each other to make conduit campaign contributions and conceal excessive contributions, and related offenses.

According to the indictment, from March 2016 through January 2017, Khawaja conspired with Nader to conceal the source of more than $3.5 million in campaign contributions, directed to political committees associated with a candidate for President of the United States in the 2016 election. By design, these contributions appeared to be in the names of Khawaja, his wife, and his company. In reality, they allegedly were funded by Nader. Khawaja and Nader allegedly made these contributions in an effort to gain influence with high-level political figures, including the candidate.

The primary recipient of all this cash was Hillary, not Trump, leading some partisans to worry that this represents Bill Barr further politicizing DOJ.

That’s a stupid stance to begin with. The purpose of this straw contribution scheme was to allow foreigners — in this case, almost certainly Mohammed bin Zayed — to influence our elections. This is the same kind of conspiracy that Lev Parnas and Igor Fruman were indicted for. And all Americans should hope that this kind of foreign influence peddling gets identified and aggressively prosecuted.

But there are a number of reasons why it’s probably not a partisan focus. Indeed, it may be one step in a process to hold Nader accountable for the influence peddling he did with Trump.

During 2016, Nader was working both sides of the aisle. That’s a detail included in the Mueller Report.

That suggests someone — probably MbZ — was buying access to both candidates, to cover any eventuality. Mueller obviously focused on the Russian aspect of it, but the primary benefactor of all this influence peddling was surely Nader’s primary patron, MbZ.

Nader’s lawyer seem to have known this (and possibly other) charges were coming, because they asked Chief DC Judge Beryl Howell for access to his grand jury transcripts, which she ordered DOJ to provide him back in October. (DOJ had tried to prevent this because he was asked about multiple other ongoing investigations.)  It seemed that Nader’s lawyers wanted the transcripts — appropriately — to understand the full scope of the testimony for which he had been immunized by Mueller. The assertion that Nader was working both sides cite one FBI interview and a (redacted) grand jury appearance, so obviously some of his efforts to cultivate Democrats came up during Mueller’s investigation.

But undoubtedly the primary focus of Mueller’s questions was on Trump.

The indictment hasn’t yet been posted, but it sounds like it either charges — or sets up charges — for Nader being a foreign agent, because it references Nader reporting back on his efforts to gain access to politicians, a key feature of foreign agent (of either variety — FARA or 951) charges.

As Khawaja and Nader arranged these payments, Nader allegedly reported to an official from a foreign government about his efforts to gain influence.

Again, it may be that Mueller couldn’t develop that case because he granted Nader immunity for his testimony.

But it’s also possible that Nader remained exposed for such charges for his Democratic influence peddling.

If DOJ had to use Nader’s bipartisan influence peddling to hold him accountable for being a key vector for foreign influence in our elections, I’ll take it.

The Text about Flynn Wasn’t the Substantial Role in the Russian Attack — It Just Linked the Grand Bargain to It

Having spoken to a number of journalists about my post revealing I spoke with the FBI about someone on Russia-related matters, I want to clarify something about my deliberately oblique post. The text I received just over 14 hours after polls closed — reporting that Flynn had been tasked to speak with “Team Al-Assad” within 48 hours — was not directly related to the “significant role” this person played in the Russian attack on the US, at least as far as I have been able to understand.

On the contrary, this text is something I’ve puzzled over ever since, because — as the substance of the text came to be corroborated by both Jared Kushner and Mike Flynn — I couldn’t understand how he had learned of it so quickly.

The “significant role” I believe this person had in the Russian attack on the US is at least facially entirely separate from the subject of the text, though I do find it really telling that someone I believed had been and was subsequently involved in the attack on the US was in the loop on the foreign policy payoff so quickly.

All that said, it and some related comments inform why I have argued, since May 2017, that the “Russia” story is actually as much about Jared’s “Peace” “Plan” as it is about payoff to Russia in the form of sanctions relief.

As I explained, I included the text in the oblique post because of reports that seem to confirm we’re closing in on the deal that Trump turned to implementing just hours after the election.

Here’s another example, a follow-up from Adam Entous on an earlier report on Donald Trump’s New World Order. He describes how Mohammed bin Zayed told an American shortly before the election — that is, shortly before this text was sent to me — that Vladimir Putin might be willing to make a deal on Syria in exchange for sanctions relief.

During a private meeting shortly before the November, 2016, election, Mohammed bin Zayed, the crown prince of Abu Dhabi, floated to a longtime American interlocutor what sounded, at the time, like an unlikely grand bargain. The Emirati leader told the American that Vladimir Putin, the Russian President, might be interested in resolving the conflict in Syria in exchange for the lifting of sanctions imposed in response to Russia’s actions in Ukraine.

Current and former U.S. officials said that bin Zayed, known as M.B.Z., was not the only leader in the region who favored rapprochement between the former Cold War adversaries. While America’s closest allies in Europe viewed with a sense of dread Trump’s interest in partnering with Putin, three countries that enjoyed unparallelled influence with the incoming Administration—Israel, Saudi Arabia, and the U.A.E.—privately embraced the goal. Officials from the three countries have repeatedly encouraged their American counterparts to consider ending the Ukraine-related sanctions in return for Putin’s help in removing Iranian forces from Syria.

[snip]

It is unclear whether M.B.Z.’s preëlection proposal came from Putin himself or one of his confidants, or whether the Emirati leader came up with the idea. But the comment suggested that M.B.Z. believed that turning Putin against Iran would require sanctions relief for Moscow, a concession that required the support of the American President.

Entous is asking similar questions as I am about this effort: did my source learn of Flynn’s tasking from the Russians or from someone else? I honestly don’t know.

But Entous and I are seeing the same thing in recent events. That over the next two weeks, Trump looks poised to deliver on his end of the grand bargain.

On June 8th, Trump called for Russia to be readmitted to the Group of Seven industrial nations. (Russia was expelled four years ago, after it annexed Ukraine’s Crimea region.) Then, during a dinner at the G-7 summit in Canada, Trump reportedly said that Crimea was Russian because the people who lived there spoke Russian. Several weeks later, when asked whether reports that he would drop Washington’s long-standing opposition to the annexation of Crimea were true, Trump responded, “We’re going to have to see.”

What I hoped to add to this story by revealing that text is the evidence that the grand bargain tied closely, in the person that I discussed with the FBI, with the election attack.

The Very Globalized Forces Manipulating the Anti-Globalist President

I want to consider three stories related to the conspiracies that got Trump elected and have influenced his policy decisions.

Cambridge Analytica and Facebook privatizes intelligence sources and methods behind “democratic” elections

First, there’s the Cambridge Analytica scandal. Here are some of the most scandalous tidbits:

Likelihood Facebook failed to abide by a 2011 FTC consent decree and certainty that Cambridge Analytica and Facebook failed to abide by British and EU privacy law, respectively. While Facebook and other big tech companies have sometimes publicly bowed to the onerous restrictions of more repressive regimes and have secretly bowed to the invasive demands of American spies, the public efforts to rein in big tech have had limited success in Europe and virtually none in the US.

In the US in particular, weak government agencies have done little more than ask consumers to trust big tech.

As privacy advocates have long argued, big tech can’t be trusted. Nor can big tech regulate itself.

Cambridge Analytica used legally suspect means — the same kind of illegal means intelligence agencies employ — to help its customers. Channel 4 reported that Cambridge Analytica at least promised they could set honey traps and other means to compromise politicians. The Guardian reported that Cambridge Analytica acted as a cut-out to share hacked emails in Nigerian and a Nevis/St. Kitts elections. Thus far, the most problematic claim made about Cambridge Analytica’s activities in the US are the aforementioned illegal use of data shared for research purposes, visa fraud to allow foreign (British) citizens to work on US elections, and possibly the illegal coordination between Rebekah Mercer’s PAC with the campaign.

Internet Research Agency used the same kind of methods advertising and marketing firms use, but to create grassroots. The IRA indictment laid out how a private company in Russia used Facebook (and other tech giants’) networking and advertising services to create fake grassroots enthusiasm here in the US.

All of these means undermine the democratic process. They’re all means nation-state intelligence services use. By privatizing them, such services became available to foreign agents and oligarchical interests more easily, with easy ways (many, but not all, broadly acceptable corporate accounting methods) to hide the financial trail.

Russia buys the network behind Joseph Mifsud

Then there’s the Beeb piece advancing the story of Joseph Mifsud (ignore the repetitive annoying music and John Schindler presence). It provides details on the role played by German born Swiss financier and lawyer Stephan Roh. Roh has three ties to Mifsud. In 2014, Roe started lecturing at the London Academy of Diplomacy where Misfud worked. In the same year, he bought the Roman institution Misfud helped manage. And then, in 2016, when George Papadopoulos was being targeted, Roh was on a panel with Papadopoulos’ two handlers.

That same month, Mifsud was in Moscow on a panel run by the Kremlin-backed Valdai Club with Timofeev and the third man, Dr Stephan Roh, a German multi-millionaire.

Mifsud and Roh interlock: in 2014, Roh became a visiting lecturer at the London Academy of Diplomacy. Roh bought Link Campus University, a private institution in Rome where Mifsud was part of the management and Mifsud became a consultant at Roh’s legal firm.

The Beeb piece goes on to describe how Roh bought a British nuclear consultancy too. When the British scientist behind it balked at cozying up to Russia, he was fired, but it appears to still be used as a cut-out.

Again, none of this is new: Russia just spent a lot of money to set up some fronts. The amount of money floating around and the ability to buy into a title by buying an old castle do make it easier, however.

George Nader purchases US foreign policy for the Saudis and Emirates

Then there’s NYT’s confirmation of something that was obvious from the first reports that the FBI whisked George Nader away from Dulles Airport before he could meet Donald Trump at Mar a Lago earlier this year. Nader got an immunity deal and has been cooperating with Mueller’s team to describe how he brokered US foreign policy decisions (most notably, and anti-Qatari stance). He did so by cultivating GOP fundraiser Elliott Broidy, turning him into both an asset and front for foreign influence. Those activities included:

  • Securing hundreds of millions of dollars of contracts for Broidy’s private security firm, Circinus, with the Saudis and Emirates, and offering several times more.
  • Working with Broidy to scuttle the nomination of Anne Patterson to DOD and to orchestrate the firing, last week, of Rex Tillerson, in both cases because they were deemed too supportive of diplomacy towards Iran.
  • Offering financial support for a $12.7 million Washington lobbying and public relations campaign, drafted by a third party, targeting both Qatar and the Muslim Brotherhood.
  • Paying Broidy $2.7 million to fund conferences at both Hudson Institute and the Foundation for Defense of Democracies attacking Qatar and the Muslim Brotherhood; Broidy provided a necessary American cut-out for the two think tanks because their fundraising rules prohibit donations from undemocratic regimes or foreign countries, respectively. The payment was laundered through an “Emirati-based company [Nader] controlled, GS Investments, to an obscure firm based in Vancouver, British Columbia, controlled by Mr. Broidy, Xieman International.”
  • Unsuccessfully pitching a private meeting, away from the White House, between Trump and Emirates Crown Prince Mohammed bin Zayed.
  • Obtaining a picture of Nader with Trump, effectively showing the president in the company of a foreign agent and convicted pedophile.

Effectively, Nader provides Mueller what Mueller has been getting from Rick Gates: details of how a foreign country purchased American policy support via cutouts in our easily manipulated campaign finance system.

Nader brings two more elements of what I pointed to last May: what is ultimately a Jared Kushner backed “peace” “plan” that is instead the money laundered wish of a bunch of foreign interests. While we’ve seen the Russian, Saudi, and Emirate money behind this plan, we’re still missing full details on how Mueller is obtaining the Israeli side, though I’m sure he’s getting that too.

Note, Broidy has claimed the details behind his work with Nader were hacked by Qatari hackers. That may be the case; there have also been a slew of presumably hacked documents from Emirates Ambassador to the US, Yousef al Otaiba, floating around. So while this is important reporting, it relies on the same kind of illicitly obtained intelligence that was used against Hillary in 2016.

Importantly, the Nader story generalizes this. Nader has worked with both the Clinton and the Dick Cheney Administrations, and the laundering of foreign funds to US think tanks has long been tolerated (in some cases, such as Brookings, the think tank doesn’t even bother with the money laundering and accepts the foreign money directly). Democrats are not immune from this kind of influence peddling, in the least. It’s just that Trump, because of his greater narcissism, his ignorance of real foreign policy doctrine, and his debt and multinational business make Trump far more vulnerable to such cultivation. Given Cheney’s ties to Halliburton and the Clinton Foundation, it’s a matter of degree and competence, not principle.

Globalism is just another word for fighting over which oligarchs will benefit from globalization

Which brings us to Trump’s claim (orchestrated by Steven Bannon, paid for by the Mercers) to oppose “globalists,” a racialized term to demonize the downsides of globalization without actually addressing the forces of globalization in an effective way. Little Trump is doing (up to and including the trade war with China he’s rolling out today) will help the white people who made him president (the demonization of immigrants will have benefits and drawbacks).

What it will do is foster greater authoritarianism in this country, making it easier both to make Trump’s white voters less secure even while channeling the resultant anger by making racism even more of an official policy.

And it will also shift somewhat which oligarchs — both traditionally well-loved ones, like the Sauds, and adversaries, like the Russians — will benefit as a result.

Importantly, it is being accomplished using the tools of globalization, from poorly overseen global tech companies, easily manipulated global finance system, and a global network of influence peddling that can also easily be bought and paid for.

The Seychelles Meeting Inches Kushner Closer to Quid Pro Quo with Sanctioned Russian Money

The Intercept has an article that has gotten surprisingly little attention, particularly given the reports that Mike Flynn is prepping to flip on Trump and that the House Intelligence Committee will have Erik Prince testify in its investigation.

It reveals that the previously unknown identity of a Russian that Erik Prince met in the Seychelles in January is the CEO of the Russian Direct Investment Fund.

The identity of the Russian individual was not disclosed, but on January 11, a Turkish-owned Bombardier Global 5000 charter plane flew Kirill Dmitriev, CEO of the Russian Direct Investment Fund, to the Seychelles, flight records obtained by The Intercept show. Dmitriev’s plane was an unscheduled charter flight and flew to the island with two other Russian individuals, both women. The RDIF is a $10 billion sovereign wealth fund created by the Russian government in 2011.

[snip]

Although Prince repeatedly stated he couldn’t remember the Russian’s name — “We didn’t exchange cards” — a spokesperson for Frontier Services Group confirmed to The Intercept in September that Prince “crossed paths” with Dmitriev in the Seychelles.

The article goes on to note that the RDIF separated from its parent company Vnesheconombank in 2016 to evade sanctions.

While it is legal to do business with RDIF in certain circumstances, there are several nuanced restrictions that if ignored or overlooked can easily lead to a violation. The resulting uncertainty has created opportunities for companies and individuals to find loopholes to bypass sanctions.

Analysts say RDIF attempted to do this in 2016 when the fund distanced itself from its parent company, the Russian bank Vnesheconombank, or VEB, which is also subject to U.S. sanctions. Legislation signed by Putin in June 2016 enabled RDIF to transfer its management company, known as the RDIF Management Company LLC, to the Russian Federal Agency for State Property Management.

Sadly, the Intercept article doesn’t lay out the timeline this creates:

Early December: Flynn and Kushner meet with Sergei Kislyak

Later December: At the behest of Kislyak, Kushner meets with Vnesheconombank’s Sergey Gorkov

December: Mohammed bin Zayed holds undisclosed meeting in NY with Kushner and Steve Bannon

December 29: Flynn tells Kislyak Trump will ease sanctions

January 11: At behest of Mohammed bin Zayed, Erik Prince meets with Dmitriev

January 17: Anthony Scaramucci meets with RDIF in Davos