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Release the Kraken: Fox News’ Revolving Sidney Powell Conspiracy Theory Door

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It does Dominion Systems no good, in their defamation lawsuit against Fox News and Fox Corporation, to prove that Sidney Powell was a long-time Fox News commentator. They are suing Fox for defamation based on Fox’ platforming of Sidney Powell after the time the Murdoch outlet had internally recognized her as a bullshit artist, not during the time when she routinely showed up to lie about another topic — Mike Flynn’s innocence.

That explains why that prehistory, the long period when Powell was just another personality on Fox News, doesn’t appear in Dominion’s motion for summary judgement or its response to Fox’s MSJ.

What appears, instead, are two inflammatory claims which — taken together — may be as important as the billion dollar lawsuit and the sordid truth about Fox that Dominion has aired as part of it.

First, as Dominion lays out in response to Fox’s attempt to blame Trump for all the outrageous false claims about Dominion, Fox started it,

Fox went beyond the claims that Rudy Giuliani made in court, and Fox aired Sidney Powell’s false claims before she made those claims in court (which is one reason why, Dominion argues, Fox can’t simply claim they were covering newsworthy lawsuits).

Dominion lays out a timeline showing that Powell didn’t make any of the allegedly defamatory claims again Dominion in court until November 25, after Fox had floated them in 12 of the claimed instances of defamation.

As Giuliani himself told the court in one Pennsylvania lawsuit brought by the campaign, the lawsuit is not a fraud case. See Donald J. Trump for President,Inc.v.Sec’y ofPennsylvania,830 Fed.Appx. 377,382 ( Cir. 2020). Or to quote the headline of a November 23,2020 Wall Street Journal article: “Trump Cries Voter Fraud. In Court, His Lawyers Don’t.” Ex.702. Only Powell’s lawsuits, the earliest of which was filed on November 25 (after she had been disavowed by the Trump campaign), made allegations along the lines of the defamatory statements accused in this case allegations that Fox had been broadcasting for weeks before Powell’slawsuits were filed.9

The facts about the cases Fox focuses on are as follows:

November 7: The Trump campaign files an Arizona election challenge alleging defects in the ballots and poll worker deviation from protocols, not a technological failure of vote tabulation machines. See generally Ex.C1. Dominion is not mentioned.

November 11: The Trump campaign files a challenge to results in Antrim County. The gravamen of the complaint is interference with Republican election observers, disputes about voter eligibility, and ballots being run through tabulating machines multiple times–not mechanical tabulation errors. See Ex.C227-60. The complaint concedes that the Secretary of State found that the Antrim error was a result of the failure of a county clerk to properly update media drives, and does not allege any intentional misconduct by Dominion. See id. 60-62.

November 13: Lin Wood files a Georgia election contest, challenging certain changes in Georgia’s election laws. See Ex.C425-50. The lawsuit was not filed on behalf of the President or his campaign, nor does it make any misconduct allegations against Dominion or even mention Dominion by name.

November 17: Lin Wood files an affidavit in his Georgia lawsuit alleging certain misconduct by Smartmatic (not Dominion). The affidavit was irrelevant to the subject matter of the underlying suit, and was never filed in any case brought by the Trump campaign. Ex.C5.

November 25: More than two weeks after Fox first gave her a platform to promote her conspiracy theories, and days after the campaign expressly disavowed her, Powell files lawsuits in Georgia and Michigan. These lawsuits parrot the lies amplified by Powell and others on Fox. Exs.C8-C9.

December 1& 2: Powell files two more lawsuits in Wisconsin and Arizona–repeating the false allegations against Dominion. Exs.C11-C12. [italics my emphasis]

More importantly, Dominion lays out that Fox had Powell on to float these allegedly defamatory claims before Trump embraced them. Dominion suggests that having Trump embrace them was part of luring Trump back to the network.

It is also belied by the record for at least four reasons :(1) President Trump followed lead, making the same allegations against Dominion only after Fox had made them; (2) Sidney Powell was not on the President’s legal team when she started making the Dominion allegations and was disavowed after being associated with that team for at most 8 days; (3)Powell received some of her information via Fox hosts,who then laundered the lies by hosting her on their shows; and (4) neither Trump nor his campaign ever filed a lawsuit alleging the at-issue statements.

First, Fox’s own recitation of the timeline of Trump tweets establishes that Fox went first, Trump went second. On November 7, 2020, President Trump retweeted a report of Georgia using the same machines as Antrim County. Ex.G6. Notably Trump did not name Dominion, and certainly did not accuse Dominion of participating in an election-rigging conspiracy. The Trump campaign then filed a lawsuit on November 11 regarding the events in Antrim County that merely asserted there had been a “glitch” in the Dominion software. Ex.C2 . It was not until November 12 that Trump first made any allegations about Dominion intentionally switching votes, which he did via a tweet crediting OAN’s reporting. See Ex.G6 p.3. Though this tweet refers to OAN, it demonstrated Trump could be pulled back to Fox–provided the network broadcast what he wanted to hear. Indeed, later that same day, Trump tweeted his approval of Fox hosts attacking Dominion, telling his followers that they “[m]ust see @seanhannity takedown of the horrible, inaccurate and anything but secure Dominion Voting System which is used in States where tens of thousands of votes were stolen from us and given to Biden. Likewise, the great @LouDobbs has a confirming and powerful piece!” Ex.683. From here on out, Trump had Dominion in his sights.

Dominion argues that what got Trump to start attacking Dominion was seeing Fox focus on the claims of fraud; it suggests Fox was airing those claims of fraud to appease Trump.

What changed between November 7 and November 12? Fox entered the fray. Specifically, on November 8 Maria Bartiromo brought Powell onto her show to air the false claim that Dominion machines used an algorithm to calculate the votes that they would need to flip. Ex.A2 p.15. The Fox platform gave Powell the stamp of credibility, and reach, needed to spread the lies about Dominion. And while Trump was widely known to be a voracious consumer of Fox, Bartiromo did not leave anything to chance. [three lines redacted]

These redacted lines suggest that Bartiromo spoke with the Trump campaign directly to highlight these false claims; in the earlier filing, Bartiromo told Powell, “I just spoke to Eric [Trump] & told him you have very imp[ortant] info.” In that same reference, the filing revealed that Bartiromo “also provided information directly to Powell,” suggested that Bartiromo was a go-between between Powell and the campaign.

But that’s not the craziest part.

The crazy part — which is only clear from reading both Dominion’s recent filings — is that Fox got Trump to disavow Sidney Powell.

Remember how this looked in real time. After the embarrassing Four Seasons Total Landscaping press conference, the campaign publicly distanced itself from Powell on November 22.

Here’s the explanation offered by Maggie Haberman at the time.

According to Dominion, however, after Powell came after Tucker Carlson, Raj Shah — who used to work as a spox in Trump’s White House — inquired about her status with Trump. He learned two days before Rudy made a show of publicly ousting her from the campaign that she never worked for the campaign.

Second, Fox ignores what it knew better than the public at the time: Powell was never officially on the Trump campaign’s legal team, having never signed an engagement agreement. Ex.605, Shah 246 :4-12; id. 273:11-20. When Fox was finally motivated to get to the bottom of the relationship between Powell and Trump (which only happened after Powell came after one of Fox’s own, Tucker Carlson), it took Fox but a day or so to get the truth. See, e.g.,infra pp.163-164.

[snip]

Shah believed the Decision Desk got the Arizona call right (see,e.g.,Ex.725);that the November 19,2020,press conference featuring Sidney Powell and Rudy Giuliani was not credible ,including the claims about Dominion (see, e.g., Ex.605 , Shah 214 :21-215 :7); see also Ex.726 ( crazy fucking presser );and that Sidney Powell was generally nuts (Ex.727).

Yet Shah did nothing when on or around November 20,2020, he learned that Sidney Powell never had a retention agreement with Trump or his campaign. This was explosive news. For several weeks Shah’s network had been airing false allegations from Powell, in part, so they say now, because she was the President’s lawyer. But upon learning that she was not the President’s lawyer what did Shah do? Effectively nothing. See Ex.605, Shah 297:18-298:2. [italics my emphasis]

Fox learned that Sidney Powell never had a retention agreement with the Trump campaign, but still covered her, purportedly, based on the claim that what she did for the campaign was newsworthy.

It’s these two comments that are particularly interesting though: Fox brought her on and off the campaign, and had a role in her conspiracy theories.

And while Powell appeared on Fox only four times when she was even arguably part of the President’s team, and six times when Fox was clearly aware that she was not. As important, Fox was instrumental in maneuvering Powell both into the Trump campaign and then out of it.

Third, Fox ignores its own role in developing the conspiracy theories it then aired See Dom. MSJ pp.39-44

These two claims — that Fox “maneuvered Powell … out of” the Trump campaign and that they played a role in developing these conspiracy theories, are discussed in heavily redacted passages of the earlier filing (probably redacted because Fox has claimed it pertains to internal business deliberations).

The first — describing how Fox “maneuvered Powell … out of” the Trump campaign after Tucker came under fire for questioning Powell — consists of almost four full paragraphs introduced with a description that Fox, including Tucker and Raj Shah, “mobilized.”

“We won the battle with Powell. Thank god,” the passage quotes a Tucker text later. Dominion is now explaining that that “battle” pertained to getting Powell ousted from Trump’s orbit.

The second claim — that Fox was the source of some of these conspiracy theories — incorporates the description of how Fox got Powell ousted from the campaign, but also includes redacted passages describing Lou Dobbs’ role in “promoting the narrative,” another making a redacted reference to Hannity, as well as the unredacted reference to Bartiromo chasing an email from Sidney Powell that Powell herself said relied on a “wackadoodle” source. The later filing suggests the earlier filing goes as far as saying that Fox played part in developing the conspiracy theories.

To be sure: Fox’s real-time knowledge that Sidney Powell never had a formal relationship with Trump and Tucker’s [apparent] role in getting her ousted from Trump’s orbit are critically important for Dominion’s case that Fox properties continued to air her conspiracy theories, falsely claiming to do so because they reflected Trump’s strategy, are both crucial pieces of evidence in their case that Fox knew they were allowing Powell to make false claims on their shows.

But they are important for another reason: because Jack Smith is investigating at least one and possibly two (the Sidney Powell investigation that went overt in September 2021) prongs based on claims that the people raising money were knowingly lying.

Fox likely still has no criminal exposure for the campaign finance violations that Smith is investigating (though the report that Rupert gave Jared confidential information on Biden’s ads may give Smith reason to look more closely).

But, as I noted after the last filing, all this material about what Fox was being told by Trump’s team is directly relevant to those suspicions of fraud.

It’s not just that Dominion has laid out damning evidence that Fox knowingly and falsely accused it of fraud. But discovery in this suit appears to have produced abundant evidence that the campaign itself knew it was recycling fraudulent claims Fox was peddling to keep Trump loyal.

Fox may have no more than this civil exposure. But Dominion lays out plenty of evidence that Fox was part of Trump’s suspected fraud on his own voters.

BREAKING from Fox News: Trump Cheated … and He Still Couldn’t Beat Joe Biden

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Rupert Murdoch, in a sworn deposition as part of Dominion’s lawsuit against Fox, confessed that he helped Donald Trump cheat during the 2020 election. He provided Jared Kushner confidential information about Joe Biden’s ads, the kind of information that Trump had to rely on Russian spies to obtain from Hillary in 2016.

During Trump’s campaign, Rupert provided Trump’s son-in-law and senior advisor,Jared Kushner, with Fox confidential information about Biden’s ads, along with debate strategy. Ex.600, R.Murdoch 210:6-9; 213:17-20; Ex.603 (providing Kushner a preview of Biden’s ads before they were public).

On January 5, Rupert and Suzanne Scott talked about having their top opinion shows, in concert, admit the truth: The election is over. Joe Biden won. The claim that the election was stolen was nothing but a Trump myth.

On January 5, Rupert and Scott discussed whether Hannity, Carlson, and Ingraham should say some version of “The election is over and Joe Biden won.” Ex.277. He hoped those words “would go a long way to stop the Trump myth that the election stolen. Id;Ex.600, R.Murdoch 258:5-14.

But Scott didn’t want to do that publicly, because she wanted to avoid pissing off viewers.

Scott told Rupert that privately they are all there but we need to be careful about using the shows and pissing off the viewers . Ex.277. So nobody made a statement.

The next day, her pissed off viewers attacked the Capitol.

And all the while, while Fox News assisted Trump’s efforts to weaponize a mass of angry Fox and InfoWars viewers, Rupert Murdoch knew that he had — personally! — helped Trump cheat and it still wasn’t enough for Trump to beat Joe Biden.

Again, I highly encourage you to take the time to read this. It’s another devastating indictment of the propaganda network run by Rupert.

Because, ultimately, when Rupert is forced to answer questions under oath, it becomes clear the extent to which Fox was covering up what a loser (Rupert knows that) Trump is.

“A Demonic Force:” Dominion Just Gave Jack Smith Useful Evidence

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As you read through Dominion’s motion for summary judgment against Fox News — and trust me, you should read it! — keep in mind not just how it proves Fox to be nothing but a propaganda platform aiming to help the Republican Party, but also the evidence it makes available to Jack Smith as he considers charges against those who used false claims about voting fraud to gin up a coup attempt.

Just as one example, Sean Hannity has played a role in every Trump legal scandal — serving as a back channel to Trump for Paul Manafort, participating in Rudy Giuliani’s attempts to gin up dirt on Hunter Biden as the first impeachment unfolded, and helping White House officials stave off the resignations of Trump’s White House Counsels in advance of January 6. But in each case, investigators only got his communications via other subjects of the investigation, as when DOJ found Manafort’s WhatsApp texts to Hannity saved in Manafort’s iCloud account or when the January 6 Committee got Signal texts Hannity exchanged with Mark Meadows from the former Chief of Staff’s production. Republicans chose not to call Hannity as a pro-Trump witness in the Ukraine impeachment.

With its filing, Dominion has given a snapshot of the ways and whys in which Fox News helped magnify false voter fraud claims, especially (though not exclusively) those of Sidney Powell.

It all takes place against the backdrop of a huge backlash against Fox after it called AZ for Joe Biden. When Fox presented the truth about the election, viewers started fleeing to Newsmax, with Trump’s encouragement. The filing describes the panic that ensued.

[O]n November 9, the impact of Fox’s Arizona call became more evident to Fox executives. Carlson told [Fox News CEO Suzanne] Scott directly: “I’ve never seen a reaction like this, to any media company. Kills me to watch it.” Ex.211. Scott immediately relayed the email to Lachlan Murdoch. Ex.212 . She told Briganti that Sammon “did not understand the impact to the brand and the arrogance in calling AZ,” which she found “astonishing” given that as a “top executive” it was Sammon’s job “to protect the brand.” Ex.213. And on that day–“day one,” as Scott termed it, Fox executives made an explicit decision to push narratives to entice their audience back. Ex.214 at FoxCorp00056542. Scott and Lachlan Murdoch exchanged texts about the plan going forward: “Viewers going through the 5 stages of grief. It’s a question of trust the AZ [call] was damaging but we will highlight our stars and plant flags letting the viewers know we hear them and respect them . at FoxCorp00056541 . Murdoch: “Yes. But needs constant rebuilding without any missteps. Id. Scott Yes today is day one and it’s a process.” [Dominion’s emphasis removed]

Hannity described how much reporting the truth (and Chris Wallace serving as a competent moderator for a Presidential debate) had undermined Fox’s brand.

Hannity told Carlson and Ingraham on November 12: “In one week and one debate they destroyed a brand that took 25 years to build and the damage is incalculable.”

The response to Jacqui Heinrich’s fact check of a Trump tweet is particularly stunning, as Carlson immediately called to have her fired for uttering the truth.

Meanwhile, later that night of November 12, Ingraham was still texting with Hannity and Carlson. In their group text thread, Carlson pointed Hannity to a tweet by Fox reporter Jacqui Heinrich. Ex.230 at FNN035_03890511 . Heinrich was “fact checking” a tweet by Trump that mentioned Dominion–and specifically mentioned Hannity’s and Dobbs’ broadcasts that evening discussing Dominion. Ex.232; Ex.231. Heinrich correctly fact-checked the tweet, pointing out that top election infrastructure officials said that, “‘There is no evidence that any voting system deleted or lost votes ,changed votes ,or was in any way compromised'” Id Ex.232.

Carlson told Hannity: Please get her fired. Seriously …. What the fuck? I’m actually shocked…It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.” Ex.230 at FNN035_03890511. Tucker added: “I just went crazy on Meade over it.” Id. at FNN035_03890512 . Hannity said he had “already sent to Suzanne with a really?” He then added: “I’m 3 strikes . Wallace shit debate [] Election night a disaster [.] Now this BS? Nope. Not gonna fly. Did I mention Cavuto?”

The filing describes how after Hannity “dropped a bomb” about Heinrich’s fact check with Scott, Heinrich deleted her tweet.

Hannity indeed had discussed with Scott. Hannity texted his team: “I just dropped a bomb.” Ex.292 at FNN055_04455643. Suzanne Scott received the message. She told Jay Wallace and Fox News SVP for Corporate Communications Irena Briganti: “Sean texted me–he’s standing down on responding but not happy about this and doesn’t understand how this is allowed to happen from anyone in news. She [Heinrich] has serious nerve doing this and if this gets picked up, viewers are going to be further disgusted.” Ex.233 . By the next morning, Heinrich had deleted her fact-checking tweet. Ex.283.

For over two years, the right wing has squealed about a media outlet prohibiting the dissemination of dodgy claims from a Murdoch outlet. It turns out that Murdoch was, in that same time period, “censoring” true facts about Trump’s dodgy claims.

I wait with bated breath for James Comer to scheduled a hearing on the “censorship.”

Tucker Carlson, especially, recognized Trump’s role in this. He warned that Trump “could easily destroy us if we play it wrong.

“What [Trump]’s good at is destroying things. He’s the undisputed world champion of that. He could easily destroy us if we play it wrong.”

After January 6, Tucker called Trump,”a demonic force, a destroyer.”

Fox appears to have perceived that they had to play along with Trump’s false claims or risk permanent damage to their brand.

As noted, this lawsuit focuses closely, though not exclusively, on Sidney Powell’s false claims, from which even Trump publicly dissociated on and off. As such, much of this evidence may be more useful to DOJ in any ongoing investigation (if there still is one) of Powell’s monetization of claims she knew to be false. But even there, the evidence is key for Smith’s lawyer inquiry into Trump’s lies.

In an effort to rebut any Fox claim that it was simply reporting on lawsuits, Dominion lays out how the lawsuits filed served only as a vehicle to make false claims publicly.

Infact, none ofthe accused statements even meets the basic requirement that it report on a pending proceeding. As the Court recognized in its prior ruling, any statement made in a broadcast that occurred before November 25, 2020 could not possibly satisfy the “of … proceedings” requirement because the lawsuits filed by Sidney Powell–the only Fox guest who actually filed a lawsuit containing the defamatory allegations about Dominion–had not been filed by that date. See FNN MTD Order, p.46. And even after that date, the broadcasts in question hardly mentioned the existence of legal proceedings concerning Dominion, let alone purported to be a substantially accurate report ofthose proceedings. “[A]t no point did Dobbs or Powell attribute the statements … to an official investigation or a judicial proceeding. A reasonable observer would have no grounds to believe that her statements constituted a report of an official proceeding.” Khalil, 2022 WL 4467622 at 6.

Fox wasn’t covering lawsuits. It was magnifying false claims, and doing so because it knew that’s what its viewers, and Trump, demanded.

One accused false claim is of particular import, given the bases Powell and others used to pursue outrageous actions: A December 10 Lou Dobbs broadcast on which Sidney Powell claimed there had been a Cyber Pearl Harbor.

Nonetheless, on the next day, December 10, Dobbs had Powell on again, where she repeated the false (and repeatedly debunked) story about the Smartmatic and Dominion machines being designed to flip votes to rig elections for Hugo Chavez,and allowing people to login and manipulate votes . See ¶179(q );Appendix D. But rather than questioning Powell’s claims, Dobbs attacked Attorney General Barr for saying he’d seen no sign of any significant fraud that would overturn the election and told Powell “We will gladly put forward your evidence that supports your claim that this was a Cyber Pearl Harbor,” noting “we have tremendous evidence already,” id. which he now admits was not true. See Ex.111,Dobbs 46:25-47:10,86:20-24 . Dobbs had seen no evidence from Powell, nor has he since. Id.

Powell had sent her claims about a “Cyber Pearl Harbor” to Dobbs (who forwarded to his team) in advance of the show. Ex.450;Ex.451. Prior to the show, Dobbs published a tweet to the @loudobbs Twitter account with the claim that “The 2020 Election is a cyber Pearl Harbor,” and embedding the very document Powell had sent to him just hours before which stated that Dominion was one off our entities that had “executed an electoral 9-11 against the United States” and “a cyber Pearl Harbor,” that “there is an embedded controller in every Dominion machine,” and that they had “contracts ,program details, incriminating information ,and history” proving these claims.¶179(p); Appendix D.

Later the same day, after Powell appeared on the 5pm broadcast and before the 7pm unedited rebroadcast of the show, Dobbs again tweeted “Cyber Pearl Harbor @SidneyPowell reveals groundbreaking new evidence indicating our Presidential election came under massive cyber-attack orchestrated with the help of Dominion, Smartmatic, and foreign adversaries.” ¶179(r); Appendix D. Dobbs conceded at his deposition that this tweet was false Powell had not presented any such evidence on his program that day. Ex.111,Dobbs 269 :2-271:5.

People have long used Trump’s favored Fox programs to lobby Trump (for example, Roger Stone did so spectacularly well to get a pardon). And this story appeared on one of Trump’s favorite shows just over a week before Powell and Patrick Byrne would use the Solar Winds hack (which would be exposed in the interim week, starting on December 14) as their excuse to get Trump to use a claim of foreign election interference to seize the voting machines. In other words, this was the national security excuse Powell and Byrne were seeking to give Trump an excuse to assert Executive authority to seize the voting machines.

Worse still, as Dominion notes, Fox did all this not just knowing that it would harm Dominion. They did this knowing the intent was to harm the United States.

On November 10, Steve Bannon told Maria Bartiromo, straight out, that THE PLAN was to delegitimize Joe Biden.

“71 million voters will never accept Biden. This process is to destroy his presidency before it even starts; IF it even starts … We either close on Trumps victory or del[e]gitimize Biden … THE PLAN.” Steve Bannon to Maria Bartiromo, November 10, 2020 (Ex. 157)

Carlson, too, knew what he was doing.

On November 18, [Tucker producer Alex] Pfeiffer texted Carlson that powerful election fraud allegations like Powell’s “need to be backed up” and could lead to undermining an elected president if Biden’s confirmed,to which Carlson responded, “Yep. It’s bad.”

“It’s bad,” Tucker recognized from the start. But that didn’t stop him from participating in efforts to undermining the duly elected President.

We’ve long known that Fox was better understood as a wing of the Republican party than as a news organization (indeed, the filing describes Rupert Murdoch looking for ways to “help[] any way we can” in Georgia).

But this filing makes it clear that in a bid to cater to viewers who were fed false claims by Trump, Fox played right along with the false claims that would lead to insurrection. Jack Smith is already examining multiple parts of this effort. This filing makes evidence that would otherwise be unavailable accessible to prosecutors.

Fox News knew their platforming of Trump’s false claims was doing damage to the country. And they did it anyway.

Update: Corrected that Tucker, not Hannity, is the one who immediately said Heinrich should be fired for speaking the truth.

Kevin Downing Was “in the Loop” of Silencing Lev Parnas on October 8

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Lev Parnas’ lawyer, Joseph Bondy, continues his attack on those who scorned his client.

This afternoon, he posted an email dated October 8, 2019 7:06 AM that John Dowd — then ostensibly representing Parnas and Igor Fruman — sent to update a bunch of lawyers that his clients would send, “a letter to the intel committee to eliminate any doubt that Igor and Lev will appear to answer questions because we are not prepared to do so.”

Dowd, of course, had already first called, on September 30, then sent a letter, on October 3, to convey the same message. But he seemed to feel the need to do so again on October 8 (which may be part of the reason the White House released the intemperate Trump letter signed by White House Counsel Pat Cipollone).

He forwarded the email, with all recipients visible, to his clients a minute later.

The next day, Parnas and Fruman met with Rudy Giuliani at Trump hotel for lunch. That afternoon, Bill Barr visited SDNY. Hours later, Parnas and Fruman tried to board a plane to go to Vienna to tape an interview between Sean Hannity and Dmitro Firtash. They were arrested on charges that had been processing away in SDNY for months, ostensibly because SDNY feared they would flee, even though they had left the country numerous times while that investigation proceeded. Then, probably after Parnas and Fruman were arrested, Barr visited Rupert Murdoch personally. Hannity never went to Vienna. Nor did Rudy, who was supposed to meet Parnas and Fruman the next day.

According to public reports at the time, because they got arrested in EDVA, they needed a local lawyer to deal with their bail, so Paul Manafort’s lawyer, Kevin Downing stepped in. Then, what must be the next day, Parnas fired both Dowd and Downing, because — he believed — they were telling him to take the fall for the President.

MADDOW: Mr. Dowd was your attorney for a time and then you changed attorneys.

PARNAS: I fired him in jail.

MADDOW: You fired him when you were in jail?

PARNAS: Yes.

MADDOW: What happened there?

PARNAS: And Mr. Downing. Basically, when we were arrested, obviously, I had nowhere else to call. I didn`t know – we just retained Dowd and Downing. So I called Downing to come there and I started seeing in the process of the bail stuff the way things were going on that they were more concentrating on – I didn’t feel that they were trying to get me out, and at that point, I had a meeting with John Dowd and Downing inside the jail.

And John Dowd just instead of comforting me and, you know, trying to calm me down, telling me, like, it’s going to be OK, like, don’t worry, basically start talking to me like a drill sergeant and telling me, giving me orders, like, you know, be a good boy, like, you know.

MADDOW: He said “be a good boy”?

PARNAS: No, I don’t – I don’t want to quote him exactly on what the words, what he used in that because it was a while ago. I don’t remember exactly.

But it was – it was his condescending attitude toward basically, like, who do you think you are telling the president or Giuliani or anybody to, like, come out and because I – one of the things I said, I said, I can’t believe nobody is coming out in our defense and saying we didn’t do anything wrong, we’re good citizens, you know, we work.

And basically word for word, and then I said, if you don’t get out of here right now, something bad is going to happen because I don’t want to see the two of you.

And at that point, Downing hit the emergency button and the security took me out and took them out.

MADDOW: This is a very heated confrontation. You told Downing and Dowd to get out.

PARNAS: I threw them out.

MADDOW: Were they telling you to sacrifice yourself in order to protect the president?

PARNAS: That’s what I felt.

Here’s the thing. Downing was not — at least not publicly — representing Parnas and Fruman until and because they were detained in EDVA.

But he — Paul Manafort’s lawyer — was included in that email from Dowd on October 8, a day before they were arrested along with Trump’s lawyers, Victoria Toensing and Joe DiGenova, and Rudy’s then lawyer Jon Sale.

Lev Parnas appears to believe he was arrested because it was a better way to keep him silent than telling Congress no.

And the inclusion of Kevin Downing in that October 8 email suggests he may well be right.

If the AG Is Involved in a Foreign Influence Operation, Does He Have to Register with Himself?

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Way at the end of a CNN story on Rudy Giuliani’s grifters, Lev Parnas and Igor Fruman, this bombshell appears:

Two weeks ago when they were arrested, Parnas and Fruman were preparing to fly to Vienna, Austria, to meet Giuliani and another key figure in the impeachment investigation, Ukraine’s former prosecutor general Viktor Shokin, according to four sources familiar with their trip. Shokin is the same Ukrainian official who former Vice President Joe Biden — along with other Western leaders — had pushed to have removed over concerns he wasn’t prosecuting corruption.

While questions in Washington swirl around Shokin’s role in this controversy, Giuliani, Parnas, Fruman had specific plans for the former Ukrainian official up until the day of their arrest. According to those four sources, they told others they were headed to Vienna to help with a planned interview the next day: Shokin, they said, was scheduled to do an interview from the Austrian capital with Sean Hannity.

Through a spokesperson, Hannity said that “we never reveal our sources, potential sources, or persons they may or may not request to interview. Sean Hannity takes the first amendment seriously.”

The bullshit about how the First Amendment is why he’s not revealing his “potential source” who the TV star would have interviewed on TV got added overnight.

The news that Hannity was only saved from being a part of this influence operation by the arrest of two of its key players is news enough. But it dramatically changes the import of this news — that the night before this interview was scheduled, and after meeting with SDNY that same day, and probably after the grifters had been arrested as they tried to leave the country, the Attorney General of the United States had a meeting with Rupert Murdoch at the latter’s home.

Attorney General William P. Barr met privately Wednesday evening with Rupert Murdoch, the media mogul who is one of President Trump’s frequent confidants but whose Fox News is viewed by the president as more hostile toward him than it used to be.

The meeting was held at Mr. Murdoch’s home in New York, according to someone familiar with it. It was unclear if anyone else attended or what was discussed. Aides to both Mr. Murdoch and Mr. Barr declined requests for comment on the meeting.

So the presumed schedule for the players looks like this:

Lunch: Rudy meets with the grifters across the street from DOJ

Before the arrest: Barr informed they would be arrested (he met with SDNY that day)

Roughly 6:30: SDNY has the grifters as they prepare to fly to Vienna using one way tickets

After the arrest: Barr meets privately with Sean Hannity’s boss

This story from Parnas and Fruman’s arraignment yesterday revealed that SDNY has been monitoring twelve different phone lines.

Assistant U.S. Attorney Rebekah Donaleski told Oetken that evidence in the case that will need to be turned over to the defense was “quite voluminous.” She mentioned about 50 bank accounts and more than a dozen cell phones that were monitored in some fashion, as well as search warrants and subpoenas.

Admittedly, this number is across four different defendants (thus far), but twelve is a lot, and that word, “monitor” sure sounds like wiretapping. Which may be why Rudy is finally shopping for a defense attorney.

Wiretaps might be the kind of thing SDNY would brief Barr on if he met with prosecutors the day of the arrest. Prosecutors might also tell Barr what kind of high profile people had been caught up on the grifters’ encrypted texts, as Hannity was with Paul Manafort. In either case, it is virtually certain that Hannity was caught in the surveillance of the grifters, even if contacts between him and Rudy weren’t already obtained.

It looks bad, but given how much Barr has mainlined Fox propaganda over the last two decades, it wouldn’t be surprising if Barr attempted to protect the propaganda channels’ top entertainer.

All of which leads me back to something else: the Attorney General’s very narrow denials that he was pursuing Ukrainian dirt in the wake of the release of the Trump-Zelensky call on September 25.

At the end of August, when two top intelligence officials asked a Justice Department lawyer whether a whistle-blower’s complaint should be forwarded to Congress, they were told no, Attorney General William P. Barr and his department could handle the criminal referral against the president of the United States.

About four weeks later, the department rendered its judgment: President Trump had not violated campaign finance laws when he urged Ukraine’s president to work with Mr. Barr to investigate a political rival, former Vice President Joseph R. Biden Jr.

[snip]

The rough transcript showed that Mr. Trump believes he has that man. In a single sentence during the call with Ukraine’s leader, Mr. Trump said that he would have Rudolph W. Giuliani, his personal lawyer, and Mr. Barr reach out to help further an investigation of Mr. Biden and his younger son, Hunter Biden, who had served on the board of a Ukrainian corporation.

“I will have Mr. Giuliani give you a call, and I am also going to have Attorney General Barr call, and we will get to the bottom of it,” Mr. Trump said.

A Justice Department official said that Mr. Barr had no knowledge of the call until the director of national intelligence and the intelligence community’s inspector general sent the department the whistle-blower’s criminal referral late last month, and that Mr. Trump has not spoken with the attorney general “about having Ukraine investigate anything relating to former Vice President Biden or his son.”

Mr. Trump has not asked Mr. Barr to contact Ukraine for any reason, Mr. Barr has not communicated with Ukraine on any topic, and Mr. Barr has not spoken with Mr. Giuliani about the president’s phone call “or anything relating to Ukraine,” a Justice Department spokeswoman, Kerri Kupec, said in a statement.

[snip]

But Mr. Barr is also closely overseeing a review of the intelligence community’s decision to start a counterintelligence investigation into the Trump campaign during the 2016 election, which is being led by John Durham, the United States attorney in Connecticut. As part of that review, Mr. Durham is exploring what role, if any, a number of countries including Ukraine played in the investigation of the Trump campaign.

“While the attorney general has yet to contact Ukraine in connection with this investigation, certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating,” Ms. Kupec said.

According to DOJ, the following is true (or was true, as of September 25):

  • Barr had no knowledge of the call until Joseph Maguire sent the whistleblower complaint “late last month” (subsequent reporting probably moves that date back to when John Demers reviewed the transcript on August 15, and not knowing about the call is not the same thing as not knowing about the extortion attempt)
  • Trump has not spoken to Barr “about having Ukraine investigate anything relating to former Vice President Biden or his son,” which doesn’t exclude Trump asking Barr to investigate 2016, which is what the transcript more directly references
  • Trump has not asked Mr. Barr to contact Ukraine for any reason, nor has Barr communicated with Ukraine (multiple reports have noted that Barr’s wild goose chase has largely bypassed official legal request channels, which would present problems regarding the admissibility of any evidence he receives, but also would be consistent with the public reporting that he is pursuing Ukrainian dirt outside of official channels)
  • Barr has not spoken with Rudy about the call “or anything relating to Ukraine,” which doesn’t address whether he has addressed other sources of disinformation with Rudy, nor does it say whether Barr has communicated to Rudy via other channels or received a dossier of disinformation on Ukraine, sent by Rudy on White House stationary, as Pompeo did
  • “Certain Ukrainians who are not members of the government have volunteered information to Mr. Durham, which he is evaluating;” this does not exclude Barr speaking to these same Ukrainians, as Barr has been with so many other parts of his wild goose chase, nor does it exclude Barr learning of the Ukrainians when he took a meeting with Joseph DiGenova and Victoria Toensing to discuss the Ukrainian oligarch whose bid to beat a bribery charge involves disinformation created by Viktor Shokin, the guy Hannity was going to interview

Given this narrow denial, it would be more likely than not that Barr knew of Firtash’s effort to use Shokin’s claim that he was unfairly targeted and encouraged John Durham to reach out to Shokin, to say nothing of several other pieces of disinformation Rudy has been floating.

What is absolutely certain, though, is that DOJ’s narrow denial in no way denies that Barr’s wild goose chase has incorporated materials that Rudy obtained as a result of the extortion attempt with Ukraine.

Indeed, back in the halcyon days before the grifters were arrested, frothy right wingers — up to and including close Rudy associate Michael Mukasey — keyed on DOJ’s confirmation that Durham was reviewing materials from Ukraine, as if that validated Rudy’s efforts. Back before Parnas and Fruman were arrested, the frothy right boasted that Durham had received these Ukrainian “leads.”

Which may be why Bill Barr’s DOJ did two things — consider the call transcript, and not the full whistleblower complaint, as the referral, and not forward the complaint to FEC as required under a standing MOU — that prevented others from identifying the ties between Parnas and Fruman (whom DOJ has repeatedly said Barr knew were being investigated) and the President’s July 25 call. To say nothing of the way his OLC treated his implication by the call as Top Secret, even though the White House itself considered it less classified.

Already, we have three solid pieces of evidence that Bill Barr’s DOJ engaged in a cover-up in a failed attempt to prevent anyone from tying the Parnas and Fruman influence campaign, his own wild goose chase, and the President’s extortion of Ukraine together.

But if Barr shared information learned about an ongoing investigation to prevent Hannity from embarrassment or even legal jeopardy, that would be a far more significant step.

Update: In the wake of Mick Mulvaney’s confirmation that Trump withheld duly appropriated funding from Ukraine to coerce it to cooperate in the Durham investigation, three different outlets did articles on what Durham is up to (NYT, NBC, CNN). Although all three provided new details on the investigation generally, none provided details describing from which Ukrainians Durham has received information.

WSJ’s Curious Mueller Editorial

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I want to look back at something that has been puzzling me: a Wall Street Journal editorial issued by the end of the day Wednesday arguing that Mueller should not be fired. The next day, Rupert Murdoch paid Mitch McConnell a personal visit on the Hill.

While not as shrill or fact-free as its columnist, Kim Strassel, the WSJ editorial page has been steadily critical of the Mueller investigation, dismissing any possibility it will identify “collusion” and repeating GOP claims that it as sprawled beyond Mueller’s original remit (as well as parroting GOP claims that the FBI framed the Trump campaign). A column on the Paul Manafort plea deal, for example, warned that leaks from the investigation (which have never happened) would undermine public confidence in the investigation.

Leaks or other news about his investigation will undermine public confidence in a probe that has already wandered far from its original Russia remit and has now lasted 16 months without a resolution.

So it’s not like WSJ has been friendly to the Mueller investigation.

That said, their columns on the Mueller investigation as frequently criticize Trump’s incompetence in dealing with it and DOJ. That sentiment shows up in the two most relevant recent editorial columns on the investigation. This column from late August argues that Trump’s attacks on Jeff Sessions put Republican majorities at risk in November, which would lead to impeachment.

We will point out that Mr. Trump’s attacks on his own Attorney General this week are wrong and politically counterproductive.

The President is still furious that Mr. Sessions recused himself from the Russia probe, which has since become the sprawling Robert Mueller investigation that threatens his Presidency. But railing against Mr. Sessions can’t change that, and it gives the appearance of trying to politicize the department.

[snip]

The biggest political threat to Mr. Trump is a Democratic election victory in November, which will trigger a drive for impeachment. Mr. Trump isn’t going to persuade anyone to vote for Republicans by railing against a Republican Attorney General he selected.

And this September column about the possibility of firing Rosenstein emphasizes the impact that would have on Republican majorities.

The immediate battle now is over the midterm election and whether Mr. Trump can stay in office as the impeachment assault begins from Nancy Pelosi’s Democrats. Mr. Trump can make personnel changes after the midterms if Republicans still hold the Senate and he can get someone confirmed.

Murdoch’s American flagship paper doesn’t like the Mueller investigation. But that has as much to do with the ways it leads Trump to do stupid things that imperil Republican rule as that it poses a risk for Trump personally.

With that as background, consider the column. It starts by complaining (again) about how badly Trump treated Sessions.

Mr. Sessions deserved better than the public humiliations dealt by President Trump. As a Senator from Alabama, Jeff Sessions was the first Washington figure of any stature to embrace Mr. Trump’s candidacy. Mr. Trump wants loyalty up but not down.

It then describes the appointment of Matt Whitaker without comment or judgment.

Sessions’ temporary successor will be the AG’s chief of staff, Matthew Whitaker, who presumably will hold the job until a successor is nominated.

Most of the column argues for a solid Attorney General replacement. The WSJ seems to be complaining — as they did in some of their other editorials — that the White House should exercise more influence over DOJ. They do want someone respectable as Attorney General, however.

It is important that the White House get this one right.

The Attorney General shouldn’t fire Mr. Mueller, as the President essentially said himself at his Wednesday news conference. Mr. Trump needs an individual of stature and judgment who will have the trust of the department’s lawyers, who is capable of independence, but who also understands that the Justice Department is part of the executive branch and not a law unto itself.

But the WSJ, with as little comment as it makes about Whitaker, also states clearly that any new Attorney General shouldn’t fire Mueller and claims Trump himself has agreed, probably a reference to this answer from Trump at the press conference that day.

Q    Thank you, Mr. President.  Going back to the Russia investigation and the potential investigations from the now- Democratic majority in Congress, some say that you could stop all this by declassifying —

THE PRESIDENT:  I could.  I could fire everybody right now.  But I don’t want to stop it, because politically, I don’t like stopping it.  It’s a disgrace.  It should have never been started because there was no crime.  It is — everybody has conflicts.  They all have conflicts over there that are beyond anything that anybody has ever seen in terms of conflicts — from the fact that people ask for jobs; from the fact that they have very good friends on the other side, like really good friends, like Comey — who, by the way, lied and leaked, and also leaked classified information.  Nothing happened there.  It might, perhaps.  Maybe something is happening that I don’t know about.

I stay away from it.  But do you know what I do?  I let it just go on.  They’re wasting a lot of money, but I let it go on because I don’t want to do that.

The day after the election, Trump took a rash step to end the Mueller investigation by firing Sessions and hiring Whitaker. And WSJ almost immediately responded by warning Trump not to do any further damage to the party with his impulsive efforts to undermine Mueller.

BBC’s Adam Curtis’ Fluck Up

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Every once in a while there’s an opinion piece so grossly naive, horribly uninformed, or passively apologetic that it deserves pushback.

BBC’s Adam Curtis’ blog post, WHAT THE FLUCK [sic], is such a piece. Read it for yourself. I’m still scratching my head about this overlong, winding post that ultimately says,

“…Maybe today we are being farmed by the new system of power. But we can’t see quite how it is happening – and we need a new journalism to explain what is really going on. …”

No. We have the right journalism, even if it is not perfect or dispersed evenly, even if we could use more of it. The Guardian’s work on the Snowden story is just one example; if I may say so, Emptywheel sets another fine example as citizen journalism.

What we need is a public willing to invest time and energy in reading the material reported, discuss it openly after careful analysis, willing to demand and support more good journalism by way of subscription, donation, or advertising revenues as a last resort.

What we don’t need are naive or uninformed opinion leaders who tell us we don’t have journalism reporting about the size, scale, and nature of the corruption we face.

What we don’t need are apologias masquerading as demands for more and better journalism.

Curtis’ piece in particular does several things to muddy the public’s perception about journalism today:

• He throws us a narrative about poor little rich girl Tamara Yeardye Mellon and her father that is not unlike reading about poor little Paris Hilton, or poor little Kardashian Annoying-Sister-Of-The-Day. The narrative utterly misses a critical point, derailing its own effort, yet he feels the public need more backstory narrative in order to really understand today’s challenges..

• Rupert Murdoch is treated as if he was handed a bag of flaming dog poo by his editorial predecessor, dealing with the mess in the best manner he could — as if cellphone hacking by Murdoch’s employees was mere fallout inherited immaculately by Murdoch.

• Curtis ignores his own role, using his bully pulpit to complain about an absence of reporting he is capable of providing instead of this meandering whinge.

With regard to Tamara Mellon’s allegedly lost control over of her luxe shoe business Jimmy Choo Limited to Phoenix Private Equity, Curtis failed to note that not even a Mellon family member is safe from predation. Even a Mellon can be made into a corporate vulture’s bitch.

What does this tell us about the nature of the beast? Read more →

Company that Engaged in Criminal Wiretapping Hails Obama’s Wiretap Extension

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The Wall Street Journal–owned by the same guy whose company and son are in trouble in the UK for criminally wiretapping those they wanted to collect information on–has found something to love in the Obama Administration.

Well, not everything President Obama and the 112th Congress managed to achieve is so terrible. With scarcely any notice, much less controversy, they did at least preserve one of the country’s most important post-9/11 antiterror tools.

That would be wiretapping, which you may recall liberals portrayed during the George W. Bush era as an illegal and unconstitutional license for co-President Dick Cheney and his spymasters to bug the bedrooms of all U.S. citizens. But now Washington has renewed the 2008 amendments to the Foreign Intelligence Surveillance Act that were due to expire at the end of 2012, with no substantive changes and none of the pseudo-apoplexy that prevailed during the Bush Presidency.

In addition to applauding Obama’s “fairly ruthless antiterror prosecut[ions] and unapologetic assert[ions] of Presidential powers,” the WSJ revels in this opportunity to mock those who thought illegal wiretapping was wrong.

This is a turnabout from 2007 and 2008, when letting U.S. spooks read al Qaeda emails or listen in on phone calls that passed through domestic switching networks supposedly spelled doom for the American Republic. Democrats spent years pretending that Mr. Bush’s eavesdropping program was “wrong” and “destructive,” as Attorney General Eric Holder put it at the time, lamenting that “I never thought I would see a President act in direct defiance of federal law.”

Maybe this mutual love of abusive wiretapping is why–as Elliot Spitzer has pointed out–DOJ has thus far failed to pursue News Corp under Foreign Corrupt Practices Act.

And finally, where is the inept U.S. Department of Justice in all this?

The DOJ has brought many irrelevant and tiny cases against companies for violating the Foreign Corrupt Practices Act, which makes it illegal to bribe either individuals or government officials, even in a company’s overseas operations. The DOJ loves to use the statute to show just how tough it is.

Yet now they have the most important case sitting right there in front of them. It’s easy. Even a rookie could field this one.

But what are they doing? It’s not clear.

If they fail to make this case against News Corp., Eric Holder is a failure as attorney general.

After all, Eric Holder’s DOJ successfully fought to give legal sanction to Cheney’s illegal wiretapping. It would look rather silly, after having extended warrantless wiretapping past the end of the Obama Administration, for them to prosecute Rupert Murdoch for doing the same thing Cheney did.