Posts

At Lunchtime on March 15, 2017, Joshua Schulte Went Home and Got His Passport[s]

“Whoever committed the leak” of CIA hacking tools Joshua Schulte stands accused of, Schulte said in his first FBI interview on March 15, 2017, “was guilty of espionage and deserved to be executed.”

Schulte submitted the 302 from that interview to accompany a motion to suppress the initial search of his cell phone (remember, he went pro se last month, so he’s formulating this defense himself, and this challenge not one the supremely competent Sabrina Shroff mounted when she was in charge of his defense). Schulte based his motion to suppress on a claim that the FBI used a subpoena, not a warrant, to authorize the seizure of his phone.

Schulte’s challenge is, from a legal standpoint, transparent garbage. He claims that the FBI seized his phone with a subpoena. That’s not what the record he submits shows. It shows, instead, that the FBI handed him a subpoena for both grand jury testimony and his phone, then walked back to his apartment with him, then executed a search warrant that included his electronic devices among the items to be searched.

[Schulte, referred to as KP, for either Kinetic Panda or Kinetic Piranha] was presented with a subpoena to appear at a grand jury hearing, scheduled to occur on March 17, 2017. KP was also served with a subpoena, authorizing the FBI to seize KP’s phone. From PERSHING SQUARE, the interviewing Agents and KP walked to KP’s residence, 200 East 39th Street, Apartment 8C, New York, New York, where FBI personnel executed a search warrant.

[snip]

SSA HUI thereafter served KP with a subpoena to appear at a grand jury hearing on March 17, 2017 and a subpoena that authorized the FBI to seize KP’s phone. SSA HUI also stated the FBI would soon execute a search warrant at KP’s residence. KP read the documents and stated he did not know what it all meant. KP was told by the interview Agents that he had every right to seek legal counsel. KP was also told by the interview Agents that he could return to the residence and be present during the search. KP voluntarily agreed to return to the residence and provide access to the search team.

The FBI obtained two warrants to search items including Schulte’s electronic devices first one permitting a covert search and then a second one that permitted that overt search. He knew of the warrant before the search of the phone occurred.

Which means the other details of the 302, which don’t help Schulte but which provide new insight on him and the investigation, are the most interesting details of this new release.

Consider his comment that the leaker should be executed. In the interview, he places blame on “Karen,” for lax security. “KP stated he didn’t want to place blame on anyone in terms of being negligent, but her approach to security was lax.” Trial testimony makes it clear this is a reference to the second-level supervisor he blamed for being disciplined at CIA. So from the very first moment, he seemed to frame Karen as a target of a ruthless Espionage investigation. He would continue from jail, suggesting the “Information War” he launched from a jail cell was actually continuous with an earlier effort to blame Karen, contrary to what Schulte argued at his first trial.

Just as interesting, the comment claiming such a leaker would be guilty of espionage matches something he said to his co-worker, “Jeremy Weber” (whom he also tried to blame for the leak) in conversations about Edward Snowden.

Q. You don’t remember him ever discussing leakers with you?

A. I, I do remember talking about leakers.

Q. Okay. What do you recall?

A. There was discussion around Snowden.

Q. Okay. And?

A. Schulte felt that Snowden was a — had betrayed his country.

Q. That doesn’t, you know, he seems to have strong opinions on everything. You sure he didn’t say more?

A. He probably would have call him a traitor. Said he should be executed for sure. I don’t remember specific verbiage, but he did express his typical strong opinions.

Schulte made those comments to Weber, even though the government claims to have chat logs in which Schulte said that Snowden, unlike Chelsea Manning, didn’t endanger anyone with his leaks.

More recently, Schulte has been fighting to have a home server, including a selection of Snowden files on it, returned to him.

But I’m particularly interested in the comments Schulte made about his planned trip to Cancun.

KP advised that he planned to travel to Cancun, Mexico on Thursday, March 16, 2017 with his brother who lived in Dallas, Texas. KP stated he has three younger brothers who all lived in Texas. KP had discussed moving back to Texas at some point and running a business with his brother in Dallas. KP stated the trip cost him approximately $1,200.00 and they planned to stay at a resort. KP stated he had no plans to meet up with anyone other than his brother during the trip, and he planned to return to the U.S. on March 20, 2017. KP stated he and his brother wanted to take a trip to either Cancun or Denver, Colorado, but they ultimately chose Cancun.

KP stated he returned to his residence during lunchtime earlier in the day to retrieve his passport so he could check-in online. KP said his passport was currently located inside his backpack, which was on the floor next to KP at PERSHING SQUARE. KP said he printed out his travel documents earlier. (Agent Note. KP reached inside his backpack and showed SA DONALDSON the documents he printed for the Cancun trip.)

KP said he understood how his potential travel abroad could cause angst at high levels of government; however, KP said if he was guilty, then he would have already left the country. KP stated he booked the Cancun trip prior to the WIKILEAKS publication. [my emphasis]

According to the trial interview of Robert Evanchec, one of the agents who conducted this investigation, they already knew of this trip when then went to interview him (indeed, they included it in the warrant affidavits). “[W]e learned that within a week’s time he was planning to travel, for the second time in his life, outside the United States.” As described in that testimony, it was why they chose to interview Schulte so early in the investigation.

Q. I think you said earlier that early in the investigation, you learned that the defendant was traveling or planning to travel?

A. That’s correct.

Q. Where was he planning to travel to?

A. To Cancun, Mexico.

Q. When was the defendant scheduled to travel?

A. He was scheduled to depart on March 16, 2017.

Q. How, if at all, did that impact your investigation?

A. It accelerated our need to quickly understand what this defendant had done, and what his intentions were in traveling to Cancun. As I said earlier, it was only the second time in his life that he left the United States. And certainly his departure this close to the WikiLeaks release was of concern to us, and necessitated that we escalate our investigation and look into other ways to find out why he was traveling.

Q. What did you do as a result of that?

A. As a result of that, we had planned and actually ended up interviewing the subject Mr. Schulte.

While the 302 doesn’t record it, according to Evanchec’s testimony, after telling the FBI he had gone home at lunch to retrieve “his passport,” Schulte then told FBI Agents his diplomatic passport was back at his apartment.

Q. Did the defendant say anything about a diplomatic passport at the residence?

A. He did.

Q. What did he say about that?

A. He indicated that he had retained a diplomatic passport from his time at the CIA that he had not returned that was inside of his residence.

Schulte accompanied the FBI back to the apartment, let them in, hung around for a bit, then returned to Bloomberg, staying longer than he told them he would.

While he was at Bloomberg, FBI got far enough in their search of Schulte’s apartment to determine that the diplomatic passport was not there.

Q. You testified that the defendant told you that that diplomatic passport was in his apartment; is that correct?

A. That’s correct, sir.

Q. Was the diplomatic passport found in his apartment?

A. It was not.

When Schulte didn’t return when he said he would, Evanchec intercepted Schulte again as he was about to leave Bloomberg. The 302 redacts the reference to the FBI telling him they did not find his diplomatic passport at the apartment.

As Evanchec testified, when they intercepted Schulte on his way out, he admitted that he had stashed his diplo passport at his work station at Bloomberg, and they all went to his workstation and got both passports.

A. I believe it was just after midnight, around 12:15 p.m. We observed him again in the lobby of the Bloomberg building at 120 Park Avenue.

Q. Did you approach him?

A. We did.

Q. Who was with you at that time?

A. At the time it was myself, Special Agent Gary Ido, and Special Agent John Summers.

Q. What, if anything, did you say to the defendant at that time?

A. We indicated to him that we had obtained classified information or found classified information in his residence. And we also indicated that we had not recovered his diplomatic passport.

Q. What, if anything, did the defendant say in response?

A. He indicated the diplomatic passport was actually in his office at Bloomberg.

Q. Did he go anywhere after that?

A. Yes, he escorted us along with a security official from Bloomberg to his desk where we took possession of the diplomatic passport.

Q. Did you take possession of any other passport at that time?

A. Yes.

Q. What passport?

A. His personal passport.

Now, virtually all of this has previously been made public (presumably, Evanchec reviewed the 302s before testifying at the trial).

What’s new is that, at least per Schulte, he went home in the middle of the day to get his passport(s). His excuse for doing so might make sense — he was trying to check in online, which you can only do a day in advance. He might have been able to check in from his house, at lunch, unless he tried and discovered he could only check in 24-hours before his flight (he was scheduled to leave work before the end of the day on March 16).

Except none of that would require Schulte to bring two passports back to work, his regular passport and his diplomatic passport (the latter of which he should have but did not turn in when he left the CIA the previous November). Indeed, given the scrutiny Schulte had to have known he would be under, flying under the diplo passport would provoke alarm all by itself, so presumably he was checking in with his regular passport.

What I find particularly interesting, however, is the timing.

That’s because sometime between 10:50 AM and 3:30 PM that same day, Trump said the following in a recorded interview with Tucker Carlson, leaking classified information that would have alerted Schulte, if he had a way to hear it, that the government had determined that “a lot of things were taken” from the CIA under Obama, not under Trump.

Trump: Because I don’t want to do anything that’s going to violate any strength of an agency. You know we have enough problems. And by the way, with the CIA, I just want people to know, the CIA was hacked and a lot of things taken. That was during the Obama years. That was not during, us, that was during the Obama situation. Mike Pompeo is there now, doing a fantastic job. But we will be submitting certain things, and I will be perhaps speaking about this next week. But it’s right now before the Committee, and I think I want to leave it at that. I have a lot of confidence in the committee.

If Schulte had some way of seeing this, then, he would have been alerted that FBI had learned enough to know that he was a likely culprit for the leak.

Around the time Trump said this, Schulte (by his own telling) left work and got the passport he needed to check in for his second-ever flight out of the country — he reserved the flight on February 27. He never showed which passport he had in his bag to the FBI Agents, so it’s possible he also got the diplo passport he shouldn’t have even had, much less needed to check in for a flight.

For what it’s worth, it doesn’t seem possible that Schulte would have gotten advance notice he was the suspect for the leak from Trump’s blabbing to Tucker Carlson. I’ve not found any evidence that that interview played live; rather, it appears to have first aired at 9PM, by which point Schulte would have already been intercepted by FBI Agents in the Bloomberg lobby as he left from work.

But the 302 shows that, at around the same time that Trump was blabbing non-public details of the investigation into Schulte to a cable TV personality, Schulte left work and got his passport, possibly even the diplomatic passport he shouldn’t have had.

The Viral Twitter Thread in Which Darrell Cooper Confesses Republicans Were Pawns of Russian Disinformation

For some reason, this Twitter thread by a guy named Darrell Cooper, purporting to explain why Trumpsters came to attack the US Capitol, went viral.

I resisted several requests to fact check it. Now, after it has gone even more viral (including on Tucker Carlson’s show), Phil Bump has done a good fact check. As Bump notes, while Cooper accurately lays out that Trump supporters have lost confidence in institutions, Cooper offers an explanation that relies on a series of false claims so as to put the blame on Democrats.

It is indisputably the case that Trump supporters accept claims about election fraud in part because of their diminished confidence in institutions such as government and the media. What is subject to dispute, though, is the cause of that lack of confidence. While Cooper suggests that it’s emergent, it isn’t. While Cooper argues that it’s a function of investigations into Trump, it’s actually a function of partisan responses — largely but not entirely on the right — driven by Trump himself. And, most important, what Cooper presents as the indisputable facts undergirding his argument are often misleading or false and a function of partisan defenses of Trump that are common in conservative media.

Bump then debunks Cooper’s claims that:

  • The FBI spied on the Trump campaign using evidence manufactured by the Clinton campaign
  • We now know that all involved knew it was fake from Day 1 (see: Brennan’s July 2016 memo, etc)
  • The Steele dossier was the sole evidence used to justify spying on the Trump campaign
  • The entire Russian investigation stemmed from the Page investigation and not George Papadopoulos and Paul Manafort
  • Protests planned in case Trump overturned the election were a plan for violence
  • There were legitimate concerns about the election

Bump is absolutely right that Cooper makes false claims to be able to blame Democrats and Bump’s fact checks are sound (and really exhausting that they’re still required). Bump is likewise correct that a false claim about the Steele dossier is central to Cooper’s story.

I’d add that Cooper doesn’t mention that his claims about the problems with the Steele dossier matter primarily to the third and fourth FISA orders against Carter Page, and so happened under the Trump Administration and in three cases, were signed by people Trump either kept (in the case of Jim Comey) or put in place (in the case of Dana Boente and Rod Rosenstein).

But according to Cooper’s logic, if the dossier hadn’t existed, a series of events that followed wouldn’t have happened, and so Republicans wouldn’t have attacked their own government. Thus far it’s a typical right wing attempt to disclaim responsibility for their own actions.

What Bump doesn’t mention, though, is that it is now almost universally agreed upon on among Trumpsters that the dossier was the product of Russian disinformation. Lindsey Graham — who conducted an investigation into the circumstances of the Carter Page FISA — thinks it is. Chuck Grassley — who led the investigation into the dossier — thinks it is. Ron Johnson — who also made a show of investigating these things — thinks it is. Chuck Ross — the chief scribe of the dossier on the right — thinks it is. The high gaslighter Catherine Herridge thinks it is. Fox News and all their favorite sources think it is. WSJ’s editorial page thinks it is. None of these people have thought through the implications of that, but they do all appear to believe that the Russians fed disinformation through the Democratic-funded dossier to the FBI.

So, even setting aside the implications of the possibility that the dossier was Russian disinformation, according to Cooper’s narrative, Trump’s supporters wouldn’t have attacked their own government if it weren’t for Russian disinformation that set off a chain of events that led them to lose confidence in American institutions.

But consider the implications of the dossier as disinformation, implications that are evident largely thanks to sources that right wing figures have made great effort to liberate.

In response to a Trey Gowdy question at an interview by a GOP-led investigation into the dossier, Bruce Ohr explained that on July 30, 2016, Christopher Steele shared three pieces of information with him (later in his interview he would add a fourth, Russian doping): Two details from what we now know to be the dossier, as well as a third — that Oleg Deripaska’s attorney had information about Paul Manafort stealing money from Deripaska.

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

Byron York provided more background on Steele’s efforts to share information from Deripaska with Bruce Ohr. The IG Report done in response to GOP requests provided still more. For example, the IG Report revealed that Steele had set up a meeting between Ohr and Oligarch 1, whom we know to be Deripaska, in September 2015 (these claims are consistent with the heavily redacted Ohr 302s liberated by Judicial Watch).

Handling Agent 1 told the OIG that Steele facilitated meetings in a European city that included Handling Agent 1, Ohr, an attorney of Russian Oligarch 1, and a representative of another Russian oligarch. 209 Russian Oligarch 1 subsequently met with Ohr as well as other representatives of the U.S. government at a different location.

[snip]

Ohr and Steele also communicated frequently over the years regarding Russian Oligarch 1, including in 2016 during the time period before and after Steele was closed as an FBI CHS.409 Steele told us his communications with Ohr concerning Russian Oligarch 1 were the result of an outreach effort started in 2014 with Ohr and Handling Agent 1, to approach oligarchs about cooperating with the U.S. government. Ohr confirmed that he and Handling Agent 1 asked Steele to contact Russian oligarchs for this purpose. This effort resulted in Ohr meeting with Russian Oligarch 1 and an FBI agent in September 2015.

The IG Report also revealed that in September 23 (around the same time Deripaska was interviewed by the FBI), Steele passed on a claim that Deripaska wanted to share information about Manafort.

On September 23, 2016, at Steele’s request, Steele met with Ohr in Washington, D.C. Ohr told us they spoke about various topics related to Russia, including information regarding Russian Oligarch 1 ‘s willingness to talk with the U.S. government about Manafort.

Far more consistently than using Ohr as a channel for dossier reports (and for a longer period of time), Steele used his ties with Ohr to advance Oleg Deripaska’s interests. And for the entirety of the time that Steele was feeding the FBI dossier reports, that meant Steele was feeding Ohr claims that not only presented Deripaska as a trustworthy actor, but did so in part by promising Deripaska’s cooperation in a criminal investigation of Paul Manafort. The FBI (and Mueller after that) didn’t investigate Manafort primarily for the stuff Deripaska was trying to feed the FBI, but Deripaska was making great efforts to ensure that the FBI would investigate Manafort. In the aftermath of all this, Trump and Manafort blamed Democrats for all this, but in fact, Deripaska was at least as responsible.

According to footnotes that Graham, Grassley, and Johnson had declassified, before Deripaska first started offering to help DOJ criminally investigate Manafort — before that July 30, 2016 meeting between Steele and Ohr — a Deripaska associate likely learned about the dossier project (the same declassification revealed that two Russian intelligence officers had learned of the project before that meeting which, given the belief that several of Deripaska’s associates were Russian intelligence officers, may be the same report).

Ohr told the OIG that, based on information that Steele told him about Russian Oligarch 1, such as when Russian Oligarch 1 would be visiting the United States or applying for a visa, and based on Steele at times seeming to be speaking on Russian Oligarch l’s behalf, Ohr said he had the impression that Russian Oligarch 1 was a client of Steele. 210 We asked Steele about whether he had a relationship with Russian Oligarch 1. Steele stated that he did not have a relationship and indicated that he had met Russian Oligarch 1 one time. He explained that he worked for Russian Oligarch l’s attorney on litigation matters that involved Russian Oligarch 1 but that he could not provide “specifics” about them for confidentiality reasons. Steele stated that Russian Oligarch 1 had no influence on the substance of his election reporting and no contact with any of his sources. He also stated that he was not aware of any information indicating that Russian Oligarch 1 knew of his investigation relating to the 2016 U.S. elections. 211

210 As we discuss in Chapter Six, members of the Crossfire Hurricane team were unaware of Steele’s connections to Russian Oligarch 1. [redacted]

211 Sensitive source reporting from June 2017 indicated that a [person affiliated] to Russian Oligarch 1 was [possibly aware] of Steele’s election investigation as of early July 2016.

In fact, the IG Report completed in response to Republicans’ requests makes it clear: if the dossier was disinformation, that disinformation most likely involved Oleg Deripaska, with whom Manafort was using his position on the Trump campaign in an attempt to patch up financial and legal relations.

Priestap told us that the FBI “didn’t have any indication whatsoever” by May 2017 that the Russians were running a disinformation campaign through the Steele election reporting. Priestap explained, however, that if the Russians, in fact, were attempting to funnel disinformation through Steele to the FBI using Russian Oligarch 1, he did not understand the goal. Priestap told us that

what he has tried to explain to anybody who will listen is if that’s the theory [that Russian Oligarch 1 ran a disinformation campaign through [Steele] to the FBI], then I’m struggling with what the goal was. So, because, obviously, what [Steele] reported was not helpful, you could argue, to then [candidate] Trump. And if you guys recall, nobody thought then candidate Trump was going to win the election. Why the Russians, and [Russian Oligarch 1] is supposed to be close, very close to the Kremlin, why the Russians would try to denigrate an opponent that the intel community later said they were in favor of who didn’t really have a chance at winning, I’m struggling, with, when you know the Russians, and this I know from my Intelligence Community work: they favored Trump, they’re trying to denigrate Clinton, and they wanted to sow chaos. I don’t know why you’d run a disinformation campaign to denigrate Trump on the side. [brackets original]

Of course, for months before Deripaska first started offering (through Steele) to cooperate with the FBI against Manafort, Manafort had been trying to exploit his position on Trump’s campaign to ingratiate himself with (among others) Deripaska, in part in hopes to paper over precisely the financial dispute that Deripaska was, through Steele, trying to use to increase Manafort’s legal exposure. Weeks before the July 30 Steele-Ohr meeting, for example, Manafort had offered to brief Deripaska on the Trump campaign.

Immediately upon joining the Campaign, Manafort directed Gates to prepare for his review separate memoranda addressed to Deripaska, Akhmetov, Serhiy Lyovochkin, and Boris Kolesnikov,879 the last three being Ukrainian oligarchs who were senior Opposition Bloc officials. 880 The memoranda described Manafort’ s appointment to the Trump Campaign and indicated his willingness to consult on Ukrainian politics in the future. On March 30, 2016, Gates emailed the memoranda and a press release announcing Manafort’ s appointment to Kilimnik for translation and dissemination.881 Manafort later followed up with Kilimnik to ensure his messages had been delivered, emailing on April 11, 2016 to ask whether Kilimnik had shown “our friends” the media coverage of his new role. 882 Kilimnik replied, “Absolutely. Every article.” Manafort further asked: “How do we use to get whole. Has Ovd [Oleg Vladimirovich Deripaska] operation seen?” Kilimnik wrote back the same day, “Yes, I have been sending everything to Victor [Boyarkin, Deripaska’s deputy], who has been forwarding the coverage directly to OVD.”883

[snip]

The Office also obtained contemporaneous emails that shed light on the purpose of the communications with Deripaska and that are consistent with Gates’s account. For example, in response to a July 7, 20 I 6, email from a Ukrainian reporter about Manafort’ s failed Deripaskabacked investment, Manafort asked Kilimnik whether there had been any movement on “this issue with our friend.”897 Gates stated that “our friend” likely referred to Deripaska,898 and Manafort told the Office that the “issue” (and “our biggest interest,” as stated below) was a solution to the Deripaska-Pericles issue.899 Kilimnik replied:

I am carefully optimistic on the question of our biggest interest. Our friend [Boyarkin] said there is lately significantly more attention to the campaign in his boss’ [Deripaska’s] mind, and he will be most likely looking for ways to reach out to you pretty soon, understanding all the time sensitivity. I am more than sure that it will be resolved and we will get back to the original relationship with V. ‘s boss [Deripaska].900

Eight minutes later, Manafort replied that Kilimnik should tell Boyarkin’s “boss,” a reference to Deripaska, “that if he needs private briefings we can accommodate.”901

That is, per both Rick Gates and Manafort himself, how Manafort came to meet with Deripaska aide Konstantin Kilimnik on August 2, just three days after Deripaska tried to increase Manafort’s legal exposure via Steele. That’s how — and why! — he provided a briefing on campaign strategy amid a discussion of resolving the debt to Deripaska (as well as a plan to carve up Ukraine), as described by the SSCI Report completed under Chairs Richard Burr and Marco Rubio.

(U) At the meeting, Manafort walked Kilimnik through the internal polling data from Fabrizio in detail.453 According to Gates, Kilimnik wanted to know how Trump could win.454 Manafort explained his strategy in the battleground states and told Kilimnik about polls that identified voter bases in blue-collar, democratic-leaning states which Trump could swing.455 Manafort said these voters could be reached by Trump on issues like economics, but the Campaign needed to implement a ground game.456 Gates recalled that Manafort further discussed the “battleground” states of Michigan, Wisconsin, Pennsylvania, and Minnesota.457 (U) The Committee sought to determine with specificity what information Kilimnik actually gleaned from Manafort on August 2, 2016. Information suggests Kilimnik understood that some of the polling data showed that Clinton’s negatives were particularly high; that Manafort’s plan for victory called for focusing on Clinton’s negatives as much as possible; and that given Clinton’s high negatives, there was a chance that Trump could win. (U) Patten’s debriefing with the SCO provides the most granular account of what information Kilimnik obtained at the August 2, 2016 meeting:

Kilimnik told Patten that at the New York cigar bar meeting, Manafort stated that they have a plan to beat Hillary Clinton which included Manafort bringing discipline and an organized strategy to the campaign. Moreover, because Clinton’s negatives were so low [sic]-if they could focus on her negatives they could win the election. Manafort discussed the Fabrizio internal Trump polling data with Kilimnik, and explained that Fabrizio ‘s polling numbers showed that the Clinton negatives, referred to as a ‘therm poll,’ were high. Thus, based on this polling there was a chance Trump could win. 458

(U) Patten relayed similar information to the Committee. In particular, he told the Committee that Kilimnik mentioned Manafort’s belief that “because or Clinton’s high negatives, there was a chance, only because her negatives were so astronomically high, that it was possible . to win.”459

[snip]

(U) In addition to Campaign strategy involving polling data and the Ukraine plan, Manafort and Kilimnik also discussed two financial disputes and debts at the meeting. (U) The first dispute involved Deripaska and Pericles.477 Gates recalled that Kilimnik relayed at the meeting that Deripaska’s lawsuit ha’d been dismissed.478 Gates also recalled that Kilimnik was trying to obtain documentation showing the dismissal.479

In short, even without confirmation the dossier was disinformation, it’s clear that Deripaska was playing a vicious double game, using Steele as a channel to increase Manafort’s legal exposure even while using that legal exposure as a way to get an inside track to Trump’s campaign. But if the dossier is disinformation (as Trumpsters seem to universally agree now), it might help explain the dodgy content of the dossier in ways that aren’t important to this post (for example, it might explain why Steele’s sources falsely claimed that Carter Page was Manafort’s liaison with Russia in the same days when Kilimnik flew to the US to offer a pitch to Manafort on Ukraine involving senior Russians).

Now consider one more detail, given that Trumpsters seem to universally agree the dossier was disinformation and the IG Report’s suggestion that the most likely architect of that disinformation was Oleg Deripaska.

On January 8, 2017, Manafort flew to Madrid to meet with a different Deripaska deputy, Georgiy Oganov. As the SSCI Report explained, while Manafort told investigators they discussed the Pericles lawsuit — the same lawsuit Deripaska was using to make Manafort legally insecure — they also discussed stuff that remains almost entirely redacted, but stuff that includes recreating their “old friendship” which (also per the SSCI Report) involved Manafort conducting influence campaigns for Deripaska.

On January 8, 2017, hours after returning to the United States from a trip to ~ to Madrid, Spain.598 Manafort met with Oganov in Madrid during what he claimed was a one-hour breakfast meeting.599 Manafort told the FBI that, at the meeting, Oganov told him that he needed to meet with Deripaska in person to resolve the Pericles matter.600 Manafort agreed but said he would not travel to Ukraine or Russia for the meeting.601

(U) Manafort provided false and misleading information about the purpose, content, and follow-up to the meeting with Oganov to both the Committee and the SCO. In particular, Manafort told the Committee in a written response through counsel that he attended a meeting on or around January 17, 2017, in Madrid with “Georgy Organov.”602 The written response claimed that the meeting was “regarding a private litigation matter involving Oleg Deripaska.”603 Despite admitting his attendance at the meeting to the Committee in May 2017, Manafort initially denied attending the meeting in his interviews with the SCO in the fall of 2018.604 He eventually admitted to attending the meeting with Oganov, and then repeated what he described in his letter to the Committee-that the meeting had been arranged by his lawyers and concerned only the Pericles lawsuit.605

Manafort’s claims about the meeting were false. As the above messages show, the meeting was not designed to be about Pericles, but was also about recreating the “old friendship” and “global politics.”

Manafort returned to the US on January 12 and, three days later, tried to set up an in-person meeting with KT McFarland.

She checked with Mike Flynn, who told her that the “perception” of meeting with Manafort, “especially now” (this was after Flynn’s own back channels with Russia were beginning to become public) would not be good, so to hold off until they were in the hot seats.

Manafort didn’t meet with Trump’s national security team, but around the same time, per reporting from Ken Vogel, he reached out to Reince Priebus and suggested the errors in the dossier not only discredited it, but also the FBI investigation.

It was about a week before Trump’s inauguration, and Manafort wanted to brief Trump’s team on alleged inaccuracies in a recently released dossier of memos written by a former British spy for Trump’s opponents that alleged compromising ties among Russia, Trump and Trump’s associates, including Manafort.

“On the day that the dossier came out in the press, Paul called Reince, as a responsible ally of the president would do, and said this story about me is garbage, and a bunch of the other stuff in there seems implausible,” said a person close to Manafort.

[snip]

According to a GOP operative familiar with Manafort’s conversation with Priebus, Manafort suggested the errors in the dossier discredited it, as well as the FBI investigation, since the bureau had reached a tentative (but later aborted) agreement to pay the former British spy to continue his research and had briefed both Trump and then-President Barack Obama on the dossier.

Manafort told Priebus that the dossier was tainted by inaccuracies and by the motivations of the people who initiated it, whom he alleged were Democratic activists and donors working in cahoots with Ukrainian government officials, according to the operative. [my emphasis]

According to Rick Gates, at some point Manafort asked Kilimnik to obtain more information from his sources about it, including from Deripaska.

Since that suggestion to Priebus — which he made days after his return from a meeting with Deripaska’s associate — Trump has pursued precisely the strategy laid out by Manafort, using the errors in the dossier — the dossier that all Trumpsters now seem to believe was filled with errors by Russian intelligence and possibly by Deripaska associates — to discredit it and with it, the Russian investigation.

That’s the strategy that led Tucker Carlson’s Daily Caller to report on the dossier full time — including forcing the opinion editor at the time to publish a Deripaska column attacking the dossier.

Fusion GPS’s Simpson, in a New York Times op-ed describing his own Judiciary Committee testimony, claimed a neoconservative website “and the Clinton campaign” were “the Republican and Democratic funders of our Trump research.” The Judiciary Committee’s Sen. Dianne Feinstein (D-Calif.) then unilaterally released, over the objection of committee chairman Sen. Chuck Grassley (R-Iowa), Simpson’s testimony to “set the record straight.” Fusion GPS “commended Senator Feinstein for her courage.”

Yet on March 16, 2017, Daniel Jones — himself a team member of Fusion GPS, self-described former FBI agent and, as we now know from the media, an ex-Feinstein staffer — met with my lawyer, Adam Waldman, and described Fusion as a “shadow media organization helping the government,” funded by a “group of Silicon Valley billionaires and George Soros.” My lawyer testified these facts to the Senate Intelligence Committee on Nov. 3. Mr. Soros is, not coincidentally, also the funder of two “ethics watchdog” NGOs (Democracy 21 and CREW) attacking Rep. Nunes’ committee memo.

A former Obama State Department official, Nuland, has been recently outed as another shadow player, reviewing and disseminating Fusion’s dossier, and reportedly, hundreds of other dossiers over a period of years. “Deep State-proud loyalists” apparently was a Freudian slip, not a joke.

Invented narratives — not “of the people, by the people, for the people,” but rather just from a couple of people, cloaked in the very same hypocritical rhetoric of “freedom” and “democracy” that those are actively undermining — impede internationally shared efforts on the world’s most pressing, real issues, like global health, climate change and the future of energy. My own “Mother Russia” has many problems and challenges, and my country is still in transition from the Soviet regime — a transition some clearly wish us to remain in indefinitely.

And that’s the strategy that led Chuck Grassley, Lindsey Graham, and Ron Johnson to spend their time discrediting the dossier rather than conducting oversight of Donald Trump.

That’s the strategy that led Darrell Cooper to believe (or claim to believe) several false claims about the dossier and then use those false claims to excuse the way Trumpsters lost faith in institutions and so attacked the Capitol. In short, the likelihood that the dossier is disinformation — indeed, the likelihood that the guy twisting the nuts of Trump’s campaign manager fed the dossier full of disinformation even while using that pressure to obtain his cooperation — means that (at least if you believe Cooper’s narrative) that disinformation led, through a series of steps, Americans to attack the American Capitol.

Trumpsters appear to love Cooper’s narrative, I guess because it doesn’t hold them responsible for their own gullibility or betrayal of the country. There are other problems with it (including the replication of other claims that Republicans have agreed is Russian disinformation). But ultimately, even with Cooper’s errors, what his narrative amounts to (at least for all the Trumpsters who believe the dossier was disinformation) is a claim that Russia’s 2016 disinformation campaign led Trump supporters to attack the US Capitol.

Update: After I posted some folks in the thread questioned what the point of the disinformation would be. This post lays out a possible logic to it all.

Carlson to McCarthy to Nunes: Obstruction or Worse?

[NB: Note the byline, thanks. /~Rayne]

Before Axios’ scoop was published last evening and Marcy published her post this morning, I’d started a tick-tock of the events related to Tucker Carlson’s recent fauxtrage claiming the NSA was spying on him.

It sure looked like Carlson was doing more than his usual white rage whining.

28-JUN-2021 – Monday evening – Carlson claimed the National Security Agency (NSA) was spying on him.

More specifically, Carlson said,

It’s not just political protesters the government is spying on, yesterday, we heard from a whistleblower within the US government who reached out to warn us that the NSA, the National Security Agency, is monitoring our electronic communications and is planning to leak them in an attempt to take this show off the air.

It’s doubtful Carlson was expressing outrage on behalf of protesters since he doesn’t distinguish between BLM protesters demanding an end to police brutality or MAGA/Qanon rabidly denouncing the outcome of democratic elections.

Who the “we,” “us,” or “our” is to which Carlson referred to is nebulous. The screed was unhinged because there was no evidence provided, just a reference to a shadowy whistleblower who felt compelled to tell Carlson rather than file a complaint through normal channels.

29-JUN-2021 – On Tuesday, Fox News published a partial transcript of Carlson’s program from the previous evening; the network published zero investigative reporting about the alleged spying.

29-JUN-2021 – 8:00 pm ET – The same evening, the NSA tweeted a denial:


As noted in Axios’ and others’ reporting, the NSA pointedly says Carlson “has never been an intelligence target of the Agency” which leaves the possibility Carlson’s communications could have been picked up as incidental to a foreign target if Carlson was communicating with a target.

29-JUN-2021 – 8:46 pm ET – Shortly thereafter, CNN-Business’s Oliver Darcy updated his report including the NSA’s denial while noting that none of Carlson’s Fox News cohort reported on his claim.

30-JUN-2021 – 10:51 am ET – On Wednesday morning, NYU’s Jay Rosen noted Fox’s failure to report such a serious claim.

30-JUN-2021 – 5:07 pm ET – Later that day House minority leader Kevin McCarthy tweeted about Carlson’s allegation:

How convenient – a neat turnaround in less than 48 hours.

~ ~ ~

Note in the partial transcript of Carlson’s Monday fauxtrage this bit toward the end:

Only Congress can force transparency on the intelligence agencies and they should do that immediately. Spying on opposition journalists is incompatible with democracy. If they are doing it to us, and again, they are definitely doing it to us, they are almost certainly doing it to others. This is scary and we need to stop it right away.

Emphasis mine.

Did Carlson actually demand Congress — meaning McCarthy — take action? Or did Carlson provide cover for McCarthy’s selection of Nunes?

If Fox News had investigated Carlson’s claim and found any credibility, one might believe McCarthy had adequate reason to engage Nunes. But without such investigative reporting and no documented formal whistleblower complaint, it’s purely political posturing on Carlson’s part last Monday which drove McCarthy’s action.

McCarthy’s engagement of Nunes itself is odd since McCarthy has resisted for nearly a decade doing anything to restrain the NSA’s surveillance. Why would he sic Nunes on the fruits of his own inaction?

Nunes’ role in the obstruction of the Special Counsel’s investigation suggests the reason why McCarthy would set Nunes loose, along with a slew of other sketchy and obstructive behavior including Nunes’ role in pressuring Ukraine for disinfo about Hunter Biden. With McCarthy’s blessing, Nunes may be continuing the obstruction both of the past investigation and now the Biden administration’s operation.

Marcy’s post earlier today lays out Nunes’ habit of sowing faux scandal; perhaps Nunes didn’t sow this one directly but indirectly through Carlson, laundered by McCarthy until the Axios’ report last evening.

But timing is everything as they say. The Carlson-McCarthy-Nunes sequence occurred roughly 10 weeks after the exit of one of Nunes’ flunkies, Michael Ellis; you’ll recall Ellis is under investigation for leaking classified info, as is fellow Nunes’ flunkie Kash Patel. Patel left his role with the Trump administration on January 20 along with another Nunes’ flunkie, Ezra Cohen-Watnick.

The Carlson-McCarthy-Nunes sequence also happened 12 weeks after yet another Nunes’ flunkie, Derek Harvey, had been sanctioned along with his attorney for filing a defamation lawsuit against CNN which the judge’s ruling said was filed in bad faith.

If we can account for these sources Nunes might have used in the past to obtain intelligence, assuming Nunes might have used Carlson to move McCarthy on his behalf, who was the “whistleblower within the US government who reached out to warn” him about his communications? This is a rather important question since the “whistleblower” leaked to Carlson about communications collection which may have been related to tracking an identified foreign agent; who is the mole?

Perhaps Nunes, a government employee, tipped Carlson himself, closing the feedback loop?

The tricky part about Carlson’s claim after Axios’ report: if Carlson had not made a good faith effort to request an interview with Putin between the period January 1, 2019 until June 28, 2021 as Carlson indicated in his FOIA to the NSA, is it possible that some or all of his content in his program on Fox has been on behalf of a foreign entity?

Has Fox News, by failing to investigate this matter and report on it as a legitimate news network should have, by failing to exercise adequate editorial oversight of its “talent” contacting foreign leaders, also been in the service of a foreign entity?

Has House minority leader McCarthy allowed himself to be manipulated by a foreign entity in responding to Carlson’s claim by engaging Nunes to investigate it, rather than asking the Department of Justice or the Office of the Inspector General to do so? What if any effort did McCarthy expend to validate Carlson’s claim before handing off the situation to Nunes? Did McCarthy make any effort at all to contact Speaker Pelosi and/or Rep. Adam Schiff, the chair of the House Intelligence Committee?

~ ~ ~

Marcy wrote, “If the FBI believes that Tucker really was pursuing a long-term relationship with Russian agents, then even Fox News might rethink giving him a platform,” based on the 30-month period of time in which Carlson had been in dialog with Russian agents, allegedly pursuing an interview with Putin.

I don’t think there is or will be any government-based effort to take the Tucker Carlson Tonight show off the air — hello, First Amendment, which Carlson clearly doesn’t understand. But I wouldn’t be surprised if the program or its network was eventually obligated to file paperwork under the Foreign Agents Registration Act.

Tucker Carlson Burns FBI or NSA Intercepts Regarding His 30-Month Pursuit of Face-Time with Vladimir Putin

Last week, I suggested that one possible explanation for Tucker Carlson’s claim to have been spied on by NSA is that he had a back channel with Russian operatives and was trying to get ahead of allegations that he was coordinating with Russian agents.

Particularly if the communications implicating Carlson were damning and potentially illegal, leaking them to him would be an easy way to flip the story, and accuse NSA of spying rather than Carlson of coordinating with Russian agents. Again, that’s all just a hypothetical that might explain Carlson’s claims.

Overnight, Jonathan Swan — who’s a political reporter, not a surveillance reporter — described that sources claimed authorities had obtained communications from Tucker Carlson’s efforts to get an interview with Vladimir Putin. Swan describes that Tucker had two intermediaries with Russia, but they live in the US. (I had hypothesized these might be Ukrainian sources, but Swan suggests they’re Russians.)

Two sources familiar with Carlson’s communications said his two Kremlin intermediaries live in the United States, but the sources could not confirm whether both are American citizens or whether both were on U.S. soil at the time they communicated with Carlson.

Swan doesn’t note that if the surveillance happened in the US, it would have formally been an FBI intercept, not an NSA one (just as the intercepts showing Mike Flynn’s secret back channel with Russia were collected by the FBI). But he does a good job of laying out the most likely ways this happened, which is that the NSA or FBI were surveilling the kind of people they’re supposed to surveil: Russian agents, whether overt or covert.

  • The first — and least likely — scenario is that the U.S. government submitted a request to the Foreign Intelligence Surveillance Court to monitor Carlson to protect national security.
  • A more plausible scenario is that one of the people Carlson was talking to as an intermediary to help him get the Putin interview was under surveillance as a foreign agent.
  • In that scenario, Carlson’s emails or text messages could have been incidentally collected as part of monitoring this person, but Carlson’s identity would have been masked in any intelligence reports.
  • In order to know that the texts and emails were Carlson’s, a U.S. government official would likely have to request his identity be unmasked, something that’s only permitted if the unmasking is necessary to understand the intelligence.

The import of the agency involved — FBI or NSA — is that “unmasking” works quite differently for the FBI, which has a duty to guard against spying in this country. FBI agents tracking a known Russian agent might review such communications to find out if a high profile US journalist was being recruited by a known Russia spy. And if this was the FBI, it might explain how it recently became known: because Merrick Garland’s DOJ is trying to disclose all the tracking of journalists that took place under the Trump Administration.

This entire faux scandal feels just like ones that Devin Nunes has twice sown, first when Republican members of Congress got picked up undermining US policy with Bibi Netanyahu, and then again when Trump’s Transition team set up a secret back channel meeting with UAE. Each time Nunes has done this, it was with the seeming intent of flipping the scandalous efforts of Republicans to undermine US policy.

That’s consistent with Tucker’s claim that his source is “in a position to know.”

The whistleblower, who’s in a position to know, repeated back to us information about a story we are working from that could have only come directly from my texts and emails. There’s no other possible source for that information, period. The NSA captured that information without our knowledge and did it for political reasons.

But it also means that, if true, then Tucker and his source — whom Tucker himself suggests had a need to know — just burned intercepts on legitimate surveillance targets from a hostile country.

Plus, there’s a far bigger problem with Tucker’s currently operative story. Jason Leopold liberated Tucker’s FOIA request to obtain what he claims would be proof of this spying. Whether intentionally or because of incompetence, the FOIA was written in such a way that it is guaranteed to fail to find anything, because it uses language that NSA would understand to mean communications targeting Tucker (and, specifically, communications obtained from physical possession of Tucker’s phone).

More interesting than the failure by design is the scope. Tucker believes these sensitive communications — ostensibly a recent effort to set up an interview with Vladimir Putin — extend from January 1, 2019 until June 28, 2021, the date he first revealed this.

That’s thirty months he has been working with Russian back channels, purportedly to set up a meeting with Putin.

That, by itself, may explain why the communications generated further attention (if indeed they did). Thirty months isn’t the pursuit of an interview, it’s a long term relationship. This would look like a recruitment effort, not journalism.

It also explains why, even though Tucker himself is the person who leaked these details (again, burning what by all accounts are legitimate intercept targets), he claims it was an effort to take him off the air. If the FBI believes that Tucker really was pursuing a long-term relationship with Russian agents, then even Fox News might rethink giving him a platform. But that wouldn’t be the content of the communications, per se, but the fact that they appear to have been going on for thirty months.

Person Fifteen (AKA Mark Grods), Another Roger Stone Security Staffer, Flips

Sometime in the recent history of Tucker Carlson’s fever dreams, he claimed that the long list of numbered unindicted co-conspirators in the Oath Keepers case were actually paid FBI informants setting up the militia members.

I guess with the news that Person Fifteen, AKA Mark Grods, will plead guilty and enter into a cooperation agreement with prosecutors today, Tucker gets partial credit: the government asked and received permission to keep Grods’ charges sealed so he could testify to the grand jury before pleading guilty today.

Delaying the government’s need to notify other defendants about Mark Grod[’]s related case between the filing of the criminal Information on June 28 and his public plea hearing on June 30, 2021, will ensure the defendant’s safety while he cooperates pursuant to his plea agreement and testifies before the grand jury.

So, it turns out, Grods was informing on his buddies. But not for pay, but in hopes of lenience at sentencing for a conspiracy and an obstruction charge.

Here are all the things — based on comparing the Fourth Superseding Indictment with Grods’ Statement of Offense— to which Grods is a direct witness:

55. At least as early as December 31, 2020, [Jessica] WATKINS, KELLY MEGGS, [Joshua] JAMES, [Roberto] MINUTA, PERSON ONE [Stewart Rhodes], PERSON THREE, PERSON TEN, and others known and unknown joined an invitation-only encrypted Signal group message titled “DC OP: Jan 6 21” (hereinafter the “Leadership Signal Chat”).

[snip]

58. On December 31, 2020, KELLY MEGGS and JAMES attended a 4-participant GoToMeeting titled “SE leaders dc 1/6/21 op call.” KELLY MEGGS was the organizer of the meeting.

[snip]

67. On January 2, 2021, [Grods] messaged JAMES on Signal and asked, “So, I guess I am taking full gear less weapons? Just reading through all the posts. Would rather have it and not need it.” JAMES responded, “Yeah full gear… QRF will have weapons Just leave em home.”

[snip]

95. MINUTA, using his personal email address and his personal home address, reserved three rooms at the Mayflower Hotel in Washington, D.C., under the names of MINUTA, JAMES, and PERSON TWENTY. A debit card associated with [Grods] was used to pay for the room reserved under MINUTA’s name. A credit card associated with JAMES was used to pay for the room reserved under JAMES’s name.

[snip]

128. Between 2:30 and 2:33 p.m., MINUTA, JAMES, WALDEN, and others rode in a pair of golf carts towards the Capitol, at times swerving around law enforcement vehicles, with MINUTA stating: “Patriots are storming the Capitol building; there’s violence against patriots by the D.C. Police; so we’re en route in a grand theft auto golf cart to the Capitol building right now . . . it’s going down, guys; it’s literally going down right now Patriots storming the Capitol building . . . fucking war in the streets right now . . . word is they got in the building . . . let’s go.”

[snip]

129. At 2:33 p.m., MINUTA, JAMES, WALDEN, and others parked the golf carts near the intersection of Third Street and Pennsylvania Avenue, Northwest. They then continued on foot towards the Capitol.

[snip]

165. Shortly after 4:00 p.m., individuals who breached the Capitol, to include YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, MINUTA, JAMES, WALDEN, HACKETT, DOLAN, and ISAACS, among others, gathered together with PERSON ONE and PERSON TEN approximately 100 feet from the Capitol, near the northeast corner of the building.

[snip]

195. On January 8, 2021, JAMES instructed [Grods] to “make sure that all signal comms about the op has been deleted and burned,” and [Grods] confirmed [Grods] did in fact do so.

In addition, Grods entered the Capitol shortly after others allegedly assaulted the cops.

And because he was at the Willard with Roberto Minuta, Joshua James, and Jonathan Walden, he may have been witness to the James side of key conversations involving Person Ten.

And Grods is one of nine Oath Keepers who provided security for Roger Stone, and the second to have entered a cooperation agreement.

The Republican PCLOB Cover-Up of NSA’s XKEYSCORE Use Is More Troubling than Tucker Carlson’s Claims To Be Surveilled

The other day, Tucker Carlson claimed that an NSA whistleblower had contacted him to let him know that the NSA was monitoring “our” electronic communications and planned to leak them to take him off the air. Carlson claims the whistleblower’s ability to read back what Carlson said in some texts and emails (both easily hackable communications) about an upcoming story is proof that it happened.

In response, the NSA issued an unprecedented statement via Twitter, reading in part:

This allegation is untrue. Tucker Carlson has never been an intelligence target of the Agency and the NSA has never had any plans to try to take his program off the air.

[snip]

NSA may not target a US citizen without a court order that explicitly authorizes the targeting.

As a number of people have pointed out, given how NSA uses “target” here, this doesn’t amount to a denial, because it’s possible that Carlson’s communications with a foreigner who was legally targeted got swept up. Strictly as a hypothetical, it could be that Carlson is working on another Hunter Biden story involving Ukraine, and the NSA picked up his communications directly with an agent of Russia in Ukraine by targeting that totally legitimate intelligence target. The result would be to incidentally collect Carlson’s communications with said hypothetical Ukrainian target. Particularly if the communications implicating Carlson were damning and potentially illegal, leaking them to him would be an easy way to flip the story, and accuse NSA of spying rather than Carlson of coordinating with Russian agents. Again, that’s all just a hypothetical that might explain Carlson’s claims.

Still, given that Carlson is a liar who has recently been spewing conspiracy theories that are whack even for him, my default assumption is that he’s lying.

Meanwhile, Carlson’s little cultivated outrage occurs at the same time that Privacy and Civil Liberties Oversight Board member Travis LeBlanc released a scathing dissent, dated March 12, 2021 but just declassified, from a recently released but still classified PCLOB report on the NSA’s use of XKEYSCORE. The statement points to problems with both the use of XKEYSCORE and EO 12333 generally, as well as the operation of PCLOB under the recently departed Adam Klein’s tenure as Chair. Together, LeBlanc’s complaint suggests that Klein may have deliberately protected NSA from scrutiny after violations that happened during the Trump Administration were discovered in November 2020.

XKEYSCORE is effectively a means of querying the Five Eyes collections for all information on a target. Here’s what a query, called a “fingerprint,” targeting a peace and reconciliation commission in the Solomon Islands, looks like:

PCLOB started investigating XKEYSCORE in 2014 as part of its review of a limited subset of programs authorized under EO 12333.

The NSA deep dive concerned NSA’s use of XKEYSCORE, an intelligence analysis tool. The Board received briefings from and held meetings with NSA staff between May 2015 and November 2016. The Board also reviewed the guidance and training provided to NSA personnel, compliance mechanisms, and the relationship between the NSA activity and the NSA’s EO 12333 implementing procedures.

In early 2019, after the Board regained a quorum, the Board reengaged with the NSA and received additional briefings, demonstrations, and information. During this process, the Board worked with NSA to confirm and update facts provided in the 2015 timeframe. Again, the Board concentrated on the protection of U.S. persons’ privacy and civil liberties.

The Board produced a detailed, classified report explaining NSA’s use of XKEYSCORE as an analytic tool and relevant privacy and civil liberties protections in late 2020. Accompanying the report were recommendations from the Board and additional views of individual Board Members. The report and recommendations were delivered to the NSA, Congress, and other relevant executive branch agencies.

But PCLOB, under Klein’s leadership, chose not to declassify any parts of the report on XKEYSCORE.

In his dissent, LeBlanc laid out a bunch of problems with the Report itself:

  1. PCLOB didn’t address any of the technological questions presented by the use of artificial intelligence and machine learning
  2. PCLOB didn’t unpack the jargon NSA uses by separating discovery, targeting, and acquisition activities that can — and LeBlanc strongly implies does — result in domestic collection
  3. PCLOB did not conduct the kind of efficacy review that its three earlier surveillance reports had done (which showed, for example, that the phone dragnet had never been really useful)
  4. PCLOB didn’t adequately chase down the legal justification for XKEYSCORE and closed up shop before examining 2019 violations disclosed in November 2020
  5. PCLOB refused to adopt recommendations made by LeBlanc and Ed Felton, including one (to tag communications believed to belong to a US person) that would not be burdensome but would ensure that such US person communications would be not picked up in the future
  6. PCLOB didn’t release the report
  7. The former GOP majority rushed to finalize this report before Republicans lost the majority on it

Of particular note, LeBlanc suggests that (as happened with the phone dragnet), NSA had not conducted any legal analysis specific to XKEYSCORE before PCLOB asked for it in 2015.

Surprisingly, when the Board requested any legal analysis by the NSA or the Department of Justice regarding the use of XKEYSCORE’s functions in 2015, the NSA responded with a 13-page memo prepared by the NSA Office of General Counsel in 2016. Setting aside such a legal analysis was first written in January 2016, it is equally concerning that the agency apparently has not updated that written legal analysis since then. At a general level and on the basis of the documents that have been provided to the Board, it is concerning that any surveillance tool woul have been conceptualized, coded, implemented, and then executed and routinely used without such a prior legal analysis. Further, the analysis that NSA provided in 2016 fundamentally rests on decades-old Supreme Court precedent from United States v. Verdugo-Urquidez, Smith v. Maryland, Katz v. United States, and two DOJ legal memoranda from the 1980s to assert that collection and use of XKEYSCORE is consistent with the Fourth Amendment.35 The NSA’s legal analysis lacks any consideration of recent relevant Fourth Amendment case law on electronic surveillance that one would expect to be considered–for example, Carpenter v. United States, Riley v. California, United States v. Jones, and United States v. Maynard. [some footnotes omitted]

Half of that footnote 35 — probably the bits that refer to DOJ memos likely including a 1984 OLC memo written by Ted Olson that DOJ is still hiding — is redacted.

The likelihood that none of this complies with the Fourth Amendment is all the more troubling given the disclosure of recent violations using XKEYSCORE and the way, subsequent to those violations, the GOP Majority rushed to finish the report before losing a majority on PCLOB.

In one of the most heavily redacted paragraphs in LeBlanc’s declassified dissent, he explains how PCLOB didn’t investigate reports of 2019 violations uncovered in November 2020.

I am equally concerned that the Board’s former majority failed to investigation [redacted] of serious compliance reports involving XKEYSCORE prior to approving this report. During the former Board’s investigation, it was uncovered in November 2020 that some [redacted] compliance reports involving XKEYSCORE occurred in 2019. Of those [redacted] XKEYSCORE reporters, [redacted] were deemed upon agency review to involve Questionable Intelligence Activities (“QIAs”). QIAs are defined as “any intelligence or intelligence-related activity when there is reason to believe such activity is unlawful or contrary to an EO, Presidential Directive, [Intelligence Community] Directive, or applicable DOD policy governing the activity. [entire sentence redacted] Obviously, violations of U.S. law and the known collection of processing of U.S. person information are serious compliance issues. Yet the former Board did not request specific information [full line redacted]

Ellen Nakashima’s story on this dissent reveals there were hundreds of such reports.

The program also resulted in hundreds of compliance incidents in 2019, a majority of which were considered “questionable intelligence activities” — a category that means the action may have involved improper surveillance of Americans’ communications, according to U.S. officials, who spoke on the condition of anonymity because details are classified.

As LeBlanc describes it (though much of that is redacted), when PCLOB heard about these hundreds of violations that happened under Donald Trump in the same month that Trump lost the presidency, they didn’t ask what happened.

Instead, they rushed to complete the still unfinished report while they retained a majority.

I have several concerns about the Board process that was followed to apparently approve the unfinished report. In a December 2020 Board meeting, the former majority sought ot vote on the then-unfinished XKEYSCORE report. During the Board meeting at which the vote was taken, we spent several hours discussing the revisions to the body and recommendations that would need to be made to the report. Instead of completing those revisions and then providing sufficient time for Members to review the report and prepare their statements before voting, the former Board majority sought in that meeting to approve the report for this project, ostensibly foreseeing the expiration of former Member Aditya Bamzai’s term at the end of December. Literally on the evening of December 21, former Member Bamzai circulated his statement. Subsequently, the new Board convened in January 2021 and then-Chairman submitted his own intention to resign the same month. Recognizing that the current 2021 Board has not voted on a report that we were still considering for revision as I drafted this statement, I have repeatedly requested a vote by the current Board on the final version of this report, including all final statements of current Members as well as a vote on whether to include the statement of a former Member. The then-current Chairman created a legal fiction to compel the issuing of a former Member’s statement without so much as a vote of the current Board to release this report. I simply cannot support a report that has not been voted on by the current Board that will issue it.

Even while he was pulling a fast one to close up the review of XKEYSCORE before it was done, Klein was writing his own White Paper on FISA that made claims about the soundness of FISA that he had no ability to conclude (most importantly, because PCLOB did not receive any of the applications implicating Sensitive Investigative Matters that should get the most scrutiny.

There were two claims of improper surveillance by NSA in recent days. One, made by a serial fabulist. And another, made by someone with access to classified information, that may affect hundreds of Americans.

The refusal of Republicans on PCLOB to examine the latter violations merits far more attention given the credibility of the reporting source than Tucker Carlson’s claims.

After Wailing That No One Was Reporting on the Hunter Biden Laptop, Glenn Greenwald Is Now Wailing because Ben Collins Did

As I’ve addressed both here and on Twitter (post 1, post 2), Glenn Greenwald has written at least three error-ridden posts wailing that no one has written about the Hunter Biden laptop that Steve Bannon and Rudy Giuliani used to seed an attempted attack on Joe Biden.

In an apparent attempt to generate more subscribers to his Substack of non-stop Hunter Biden laptop posts, Glenn continues to wail about people doing actual journalism. Yesterday, for example, he attacked Brandy Zadrozny (who was recently targeted directly by Glenn’s buddy Tucker Carlson) and Ben Collins, claiming that their reporting on organized disinformation efforts,  “is not journalism: it’s quashing of dissent.”

Collins responded with a long thread of the reporting that he had done over the last year, describing along the way the victims of such disinformation.

Among those stories, Collins included a story where he reported that a month before the Hunter Biden laptop was “discovered,” a fake person was pushing it.

Just days before the election, then, Collins was doing precisely what Glenn was demanding, reporting on the Hunter Biden laptop. Only, he wasn’t telling the precise story Glenn wanted told about the “laptop.”

One month before a purported leak of files from Hunter Biden’s laptop, a fake “intelligence” document about him went viral on the right-wing internet, asserting an elaborate conspiracy theory involving former Vice President Joe Biden’s son and business in China.

The document, a 64-page composition that was later disseminated by close associates of President Donald Trump, appears to be the work of a fake “intelligence firm” called Typhoon Investigations, according to researchers and public documents.

The author of the document, a self-identified Swiss security analyst named Martin Aspen, is a fabricated identity, according to analysis by disinformation researchers, who also concluded that Aspen’s profile picture was created with an artificial intelligence face generator. The intelligence firm that Aspen lists as his previous employer said that no one by that name had ever worked for the company and that no one by that name lives in Switzerland, according to public records and social media searches.

One of the original posters of the document, a blogger and professor named Christopher Balding, took credit for writing parts of it when asked about it and said Aspen does not exist.

Glenn replied to Collins’ thread with a ridiculously dickish response, then tried to suggest that because Collins is paid by NBC, he must be a fraud.

To recap then. Glenn has spent weeks suggesting no one at big media outlets was reporting on the Hunter Biden laptop.

Collins noted that he did.

Glenn’s response to was to call him a fraud because he did that reporting at NBC.

I guess it wasn’t reporting he was really after.

Wherein WikiLeaks Brags about Entertaining a Pardon Dangle from a Suspected Russian Asset and a White Supremacist

Yesterday, Julian Assange’s lawyer Jennifer Robinson had a statement (which has not been released) read at his extradition hearing describing that she witnessed a meeting between Assange and Dana Rohrabacher on August 15, 2017 (Neo-Nazi Chuck Johnson was also present), where the Congressman said he had a win-win deal to offer: Trump would pardon Julian Assange if Assange would say that the source of the stolen DNC emails was not Russia.

Robinson stated that Assange did not disclose the source. Based on reports, though, she did not appear to deny that Assange had claimed his source was not Russia, which is what Rohrabacher reported at the time.

A lawyer representing the United States did not contest Robinson’s report, agreeing that the offer occurred. But representatives from the US did state that Trump had not agreed to it (which, without access to the exact statement, could mean any thing, but Trump certainly hasn’t pardoned Assange, yet).

Amid a laudable parade of arguments at Assange’s extradition hearing about the Espionage Act and discussions of all the important disclosures associated with the 2010 WikiLeaks releases for which Julian Assange is fighting extradition — including testimony read from German torture victim Khaled al-Masri, one of the first times he has had his say in public — including this statement was a cynical, and I would argue, damning, ploy.

In spite of the frenzy from the US press about the statement, the claim is not new. It was reported immediately by the Daily Caller (I covered that report here). Then Assange tweeted and then released on Facebook a statement asserting that reports from others should not be deemed authoritative. “Only unmediated statements coming directly from me can be considered authoritative.” Rohrabacher issued a statement, in which he promised to divulge what Assange stated to Trump.

Neither explicitly admitted what was obvious, that it was a pardon quid pro quo.

In a follow-up interview with the Daily Caller, Rohrabacher claimed not to remember whether he spoke to anyone at the White House about the meeting. Then, in a follow-up interview with Sean Hannity, Rohrabacher said, “It is my understanding from other parties who are trying to arrange the rendezvous that a rendezvous with myself and the President is being arranged for me to give him the firsthand information from him.” Earlier this year (when WikiLeaks announced that Robinson was going to resuscitate this story), Kim Dot Com released texts describing how he had pushed Trump’s best friend (whom he claimed not to identify) to accept the deal.

Those texts identified the best friend as Sean Hannity, the same guy who hosted Rohrabacher to explain that, “other parties [were] trying to arrange the rendezvous that a rendezvous with myself and the President is being arranged for me to give him the firsthand information from him.”

Ultimately, Chief of Staff John Kelly refused to let the President meet with Rohrabacher, just like he refused other agents of disinformation about the Russian hack to meet with him in the same period.

Mr. Rohrabacher confirmed he spoke to Mr. Kelly this week but declined to discuss the content of their conversation. “I can’t confirm or deny anything about a private conversation at that level,” he said in a brief interview. He declined to elaborate further.

A Trump administration official confirmed Friday that Mr. Rohrabacher spoke to Mr. Kelly about the plan involving Mr. Assange. Mr. Kelly told the congressman that the proposal “was best directed to the intelligence community,” the official said. Mr. Kelly didn’t make the president aware of Mr. Rohrabacher’s message, and Mr. Trump doesn’t know the details of the proposed deal, the official said.

In the call with Mr. Kelly, Mr. Rohrabacher pushed for a meeting between Mr. Assange and a representative of Mr. Trump, preferably someone with direct communication with the president.

On its face, the pardon dangle story proves only that Julian Assange was willing to meet with someone widely presumed to be Russian asset, Dana Rohrabacher, and a far right white nationalist to help float false claims about Russia’s role in getting Trump elected. It also proves that, at the time (when Trump was desperately trying to shut down the investigation into his coordination with Russia in the 2016 election and one after another were giving false prepared statements denying such coordination), the President had a Chief of Staff with the ability to look out after his legal interests.

And while I doubt lawyers for the US will go there, in context, the fact that WikiLeaks’ defense team presented just one of the at least four pardon dangles — including one for which the import of Russian disinformation is more obvious than others — is a testament to the degree to which the true story of those pardon discussions would make WikiLeaks’ compromise by Russia clear.

Here are the known discussions of pardons since WikiLeaks released emails in such a way as to optimize their benefit to getting authoritarian torture fan Donald Trump elected.

  • Starting at least by November 16 (and probably earlier) and lasting at least through January 11, 2018, Roger Stone tried to broker a pardon; according to sworn testimony by Randy Credico, Margaret Kunstler was involved in this effort (and threatening to expose whatever role Kunstler had in the process is one of the ways Stone used to discourage Credico’s testimony).
  • Starting at least by January 12 and continuing until at least March 28, 2017, Adam Waldman — the lawyer that Assange shared with Oleg Deripaska, whom the SSCI Report shows had a central role in the 2016 operation — tried to negotiate a deal via which Assange would provide limited information to mitigate the harm of the Vault 7 leak and DOJ (or if that failed, SSCI) would give him immunity, effectively a pardon. Given WikiLeaks’ history of sharing raw documents with Russia and others, the entrée would have come long after WikiLeaks had had the opportunity to broker the files, which would have helped Russia not only identify CIA’s hacks of Russian computers, but also NOCs working for CIA. (I’ve started to wonder whether the Russian treason case from late 2016 has a tie.) John Solomon — who has spread Deripaska’s propaganda before — even blamed Jim Comey for the compromise that resulted. In short, the offer was far too late to be meaningful, but it was an effort to give Assange impunity for burning the CIA to the ground.
  • From August to October 2017, Rohrabacher pursued his pardon for disinformation deal.
  • Last week, in the guise of defending journalism, Glenn Greenwald went on Tucker Carlson’s show (where a number of people have successfully lobbied for a pardon) and pitched pardons for both Assange and Ed Snowden not, as he claimed, out of any defense of journalism or whistleblowers — both things that Trump affirmatively reviles — but instead because it’s a great way to stick it to the Obama Deep State.

So one pardon pitch immediately after Assange worked with Russia to get Trump elected, another one brokered by Oleg Deripaska’s lawyer, a third pitched by a Congressman widely believed to be a Russian asset, and finally Glenn’s pitch for a pardon as a great way to do damage to the intelligence community.

Not only did Russia figure in all of those pardon dangles, but each was pitched not as a way to honor Assange’s debt to journalism, but instead to serve Russia’s purposes. And for some reason WikiLeaks thinks that raising just one of these — while remaining silent about perhaps the most damning pardon dangle — helps prove its case that Julian Assange is a journalist and not the Russian spy the prosecutors in this case claim to believe he is.

Glenn Greenwald Moves to Close the Deal on Trump’s Election Help Quid Pro Quo

Two days ago, Glenn Greenwald started teasing a cable appearance where he was going to discuss — he claimed — the dangers an Assange extradition poses to press freedom. He was coy, however, about what outlet it was.

When he announced that his appearance had been postponed, he was again coy about what outlet this was.

The next day he described how “tyrannical” the hawkish civil servants who inhabit the Deep State are.

Last night, shortly before he went on, he revealed the cable outlet was Tucker Carlson’s show, which, he claimed, was “one of the few places on cable” where he could discuss the dangers of the prosecution of Julian Assange and the persecution of Edward Snowden. He excused his appearance on a white supremacist’s show by explaining that he cares more about having an opportunity to speak to “millions of Americans” about the “abuse of power by CIA/DOJ in persecuting those who expose the truth” than he does about the “sentiments of online liberals.”

Here’s the appearance, with my transcription to follow.

Tucker: WikiLeaks’ Julian Assange has been held in a high security prison since his arrest last spring in the Ecuadorian Embassy where he effectively was held for many years, in isolation. His extradition hearing is now finally under way. Assange’s lawyer estimates he could face 175 years in prison if he’s extradited to the United States. He faces Espionage charges here. WikiLeaks exposed all kinds of things, some of which it was good to know — including corruption by the Democratic National Committee in 2016. So what is the story on Julian Assange. Why is the DOJ pursuing this case so aggressively? Glenn Greenwald has followed this from the very beginning. He is of course a journalist, founded The Intercept. And we’re happy to have him tonight. So Glenn, thanks for coming on. I think a lot of people have heard for years that Julian Assange is a bad guy who hurt the United States, now the United States is going to bring justice in this case. What’s your view of this? Tell us what we should know, in 3 minutes, about Julian Assange.

Glenn: Let’s remember, Tucker, that the criminal investigation into Julian Assange began by the Obama Administration because in 2010 WikiLeaks published a slew of documents — none of which harmed anybody, not even the government claims that. That was very embarrassing to the Obama Administration. It revealed all kinds of abuses and lies that they were telling about these endless wars that the Pentagon and the CIA are determined to fight. They were embarrassing to Hillary Clinton, and so they conducted, they initiated a grand jury investigation to try and prosecute him for reporting to the public. He worked with the New York Times, the Guardian, to publish very embarrassing information about the endless war machine, about the Neocons who were working in the Obama Administration. To understand what’s happening here, we can look at a very similar case which is one that President Trump recently raised is the prosecution by the Obama Administration, as well, of Edward Snowden for the same reason — that he exposed the lies that James Clapper told, he exposed how there’s this massive spying system that the NSA and the CIA control, that they can use against American citizens. Obviously this isn’t coming from President Trump! He praised WikiLeaks in 2016 for informing the public. He knows, firsthand, how these spying systems that Edward Snowden exposed can be abused and were abused in 2016. This is coming from people who work in the CIA, who work in the Pentagon, who insist on endless war, and who believe that they’re a government unto themselves, more powerful than the President. I posted this weekend that there’s a speech from Dwight Eisenhower warning that this military industrial complex — what we now call the Deep State — is becoming more powerful than the President. Chuck Schumer warned right before President Obama — President Trump — took office that President Trump challenging the CIA was foolish because they have many ways to get back at anybody who impedes them. That’s what these cases are about Tucker, they’re punishing Julian Assange and trying to punish Edward Snowden for informing the public about things that they have the right to know about the Obama Administration. They’re basically saying to President Trump, “You don’t run the country even though you were elected. We do!” And they’re daring him to use his pardon power to put an end to these very abusive prosecutions. One which resulted in eight years of punishment for Julian Assange for telling the truth, the other which resulted in seven years of exile for Edward Snowden of being in Russia simply for informing the public and embarrassing political officials who are very powerful.

Tucker: So, in thirty seconds, the President could pardon Julian Assange right now, and end this. Is that correct?

Glenn: He could pardon him and Edward Snowden and there’s widespread support across the political spectrum on both the right and the left for doing both. It would be politically advantageous for the President. The only people who would be angry would be Susan Rice, John Brennan, Jim Comey, and James Clapper because they’re the ones who both of them exposed.

As has become the new norm for Glenn, there’s a lot that is exaggerated or simply made up in this rant (I’ve bolded the four main claims above):

  • It is not the case that the government claims no one was harmed by Assange’s releases (even assuming we’re limiting the discussion to those already charged, and ignoring Vault 7, where the government presented hours and hours of testimony on the subject). The government has repeatedly claimed they caused a great deal of harm, even if they have not released their damage assessments publicly.
  • The files that Assange has been charged for do include the first (in the case of the Afghan and Iraq War Logs) and the first two years of Obama’s term (in the case of Cablegate). They also include details about Guantanamo that were helpful to Obama’s failed efforts to shut down the gulag set up by Bush. The files did cause grave embarrassment to the Obama Administration, both for some policy stances (Yemen remains, to my mind, one of the most important disclosures), and because the Obama Administration had to explain how candid conversations could leak. But to the extent one wants to (as Glenn appears to) make this about tribalism, they exposed far more about the Bush Administration, and many of the policies exposed (like support for torture and Saudi Arabia) are policies Trump is more supportive of than Obama was.
  • Glenn insinuates that the spying systems revealed by Edward Snowden were abused in 2016. He suggests that Trump was targeted by them. Glenn has made this error before, in his invention-filled defense of Mike Flynn. But there is no relationship between Snowden’s disclosures of NSA programs and the FBI surveillance that caught Flynn incidentally or FBI’s FISA targeting of Carter Page. And the worst abuses on the Page targeting happened in 2017, under Trump. Crazier still, Trump himself is worse on surveillance issues than Obama was! He has had enemies targeted by contract spies to thwart a peace deal. His DOJ got a Title III warrant on a suspected leaker to capture evidence implicating the journalists he was leaking to. Various of his agencies have been purchasing location data to bypass a Supreme Court prohibition on warrantless surveillance of location. ICE and other agencies have ratcheted up earlier spying on immigrants and those who advocate for them. And Trump’s Attorney General — the guy who unilaterally approved the predecessor of the spying systems Snowden exposed — has said the government doesn’t need Section 215 (one authority Snowden exposed) to conduct the surveillance it had been using it for until March 15, 2020; the suspicion is Barr has resumed reliance on legal claims rejected in 2010. It is, frankly, insane for Glenn to suggest that Trump is better on surveillance than his predecessors.

And while WikiLeaks releases have been embarrassing in certain ways to John Brennan, Jim Comey, and (especially) James Clapper, I’m particularly astounded that Glenn claims that Susan Rice was “exposed” by the releases.

I checked. I found just three Cablegate releases involving Susan Rice. One discusses efforts to remain engaged in the Democratic Republic of Congo. One discusses a meeting between Rice, Dennis Ross, and Ban Ki-moon where Obama’s officials described wanting to establish a bilateral channel with Iran in pursuit of peace.

Ambassador Rice and Special Advisor for the Gulf and Southwest Asia Ambassador Dennis Ross on June 9 met with UN Secretary-General Ban Ki-moon to explain key elements of U.S. diplomatic outreach to Iran and to hear Ban’s assessment. Ambassador Ross explained that President Obama in various fora and particularly from Cairo has made it clear that the USG will engage Iran without any preconditions.

[snip]

Ambassador Ross said the USG values the P5 1 structure for dealing with Iran because it is a statement of the international community’s resolve to deal with the nuclear issue in a coordinated fashion, and he said the USG will be a full participant in the P5 1 structure. Despite its importance, Ambassador Ross said the USG aims to engage Iran bilaterally, because that would allow for a broader treatment of the issues, which is more difficult to achieve in a multilateral context.

And one describes Rice engaging with UN Relief and Works Agency (UNRWA) Director for Gaza John Ging to learn how supporting infrastructure projects in Gaza would counter the growth of Hamas.

In an October 22 meeting with USUN Ambassador Susan Rice, UN Special Coordinator for the Middle East Peace Process (UNSCO) Robert Serry and UN Relief and Works Agency (UNRWA) Director for Gaza John Ging emphasized the need to restart essential infrastructure projects in Gaza, including shelters and schools. As a result of the Israeli “blockade,” both Serry and Ging noted that Hamas now controls Gaza’s tunnel-driven economy, increasing people’s dependency on Hamas. Ging described a population in Gaza suffering from massive physical devastation. He pointed out that while Hamas has all the cement it needs to build a new checkpoint near Erez, the UN cannot get the cement it needs to build a single school. Serry stressed the need for a new strategy on Gaza, suggesting that the current policy has only strengthened Hamas’ position.

In short, purported anti-imperialist Glenn Greenwald claims that Susan Rice was “exposed” because Cablegate revealed her involvement in efforts to make peace in Iran and Gaza.

But Glenn’s lies and exaggerations aren’t the craziest thing about this appearance.

The craziest thing about the appearance is that Glenn doesn’t talk about the danger to journalism of an Assange extradition.

What Glenn does instead of discussing the very real dangers that the Assange extradition poses to journalism is instead push Trump’s buttons — the very same buttons that Sergei Kislyak first started pushing on December 31, 2016, when he called Flynn to tell him that Putin had not retaliated against Obama’s sanctions because, in part, the sanctions were “targeted not only against Russia, but also the president elect.”

KISLYAK: I, I just wanted to tell you that our conversation was also taken into account in Moscow and …

FLYNN: Good

KISLYAK: Your proposal that we need to act with cold heads, uh, is exactly what is uh, invested in the decision.

FLYNN: Good

KISLYAK: And I just wanted to tel I you that we found that these actions have targeted not only against Russia, but also against the president elect.

FLYNN: yeah, yeah

KISLYAK: and and with all our rights to responds we have decided not to act now because, its because people are dissatisfied with the lost of elections and, and its very deplorable. So, so I just wanted to let you know that our conversation was taken with weight.

Glenn’s case — made in an appearance that was transparently an attempt to lobby the President directly — wasn’t about journalism. It was about sticking it to the “tyrannical” civil servants in the Deep State™ who had the audacity to try to protect the country from Russian interference. Glenn pitched this as one more way for Trump to damage Obama (which is presumably why Glenn falsely claimed that Obama was the most embarrassed by the disclosures), spitting out the names — Jim Comey, James Clapper, and Susan Rice’s tyrannical consideration of how to improve life in Gaza — that serve as triggers to the President.

And, remarkably, at a time when all the messaging of WikiLeaks supporters is focused on claiming that Trump has targeted Assange as part of his larger war on the press (a bullshit claim, but politically useful in an effort to mobilize press advocates in support of Assange), Glenn does the opposite, suggesting that Trump wants to pardon Assange (and Snowden), but the Deep State that Trump has been in charge of for 45 months, that Trump has purged of any disloyalty and much competence, is preventing him.

Of course, Tucker knows his audience of one, and so tees this up perfectly, reminding Trump of the only information Assange exposed that Trump cares about: Democratic emails that Russia released to help Trump get elected.

Seven days after the election, Trump’s rat-fucker, Roger Stone, started pursuing a pardon for Julian Assange. I’m increasingly convinced that effort started earlier, as part of Stone’s efforts to optimize the release of the emails in August 2016. Up until now, the overt signs of the effort to pay off Trump’s debt to Assange (and Russia) for help getting elected seemed to cease in 2018, after the nihilistic damage of the Vault 7 releases made such an effort increasingly toxic (and perhaps because the Mueller investigation made it legally dangerous).

But last night, Glenn Greenwald joined Tucker Carlson to renew the effort explicitly, claiming to defend press freedoms but instead pitching it as an opportunity to stick to to a Deep State™ that both Glenn and Trump have inflated so ridiculously that they prefer real tyranny to civil servants pursuing draconian measures within the dregs of law that Trump hasn’t already blown away.

For four years, this campaign debt has been hanging over Trump’s head. And Glenn Greenwald, pushing all the same buttons Russia did starting in 2016, last night moved to close the deal.

Former Daily Caller Editor Reveals He Was Forced to Publish Oleg Deripaska

In the wake of the Senate Intelligence Report’s scathing description of Oleg Deripaska’s key role in Russia’s 2016 election interference, a former editor from the Daily Caller, Eric Owens, reveals that his bosses — Tucker Carlson and Neil Patel — forced him to publish an Oleg Deripaska column that he recognized as sloppy propaganda.

Back in 2018, I was the opinion editor for The Daily Caller. I had worked for the website for about five years as a journalist and editor. I really believed in what we were doing. I believed in what founders Tucker Carlson and Neil Patel said they were building. (More on that later.)

In early March 2018, Deripaska submitted an opinion piece to The Daily Caller. He didn’t submit it directly to me or through the Caller’s conventional submissions process. Presumably, villainous Russian billionaires are above such hoi polloi procedures. Instead, Daily Caller publisher Patel contacted me directly one day saying he had received Deripaska’s op-ed. He wanted to know how I felt about it.

I hated it. Anyone with a passing knowledge of European politics would know who Deripaska is and what he represents. I had been in the U.S. foreign service for a bit, so, of course, I knew.

More importantly, Deripaska’s op-ed itself was—and remains—an extraordinary exercise in audacious Russian propaganda.

[snip]

[I]n the case of the 2018 Deripaska op-ed, which I myself published and placed despite my own doubts and qualms, The Daily Caller was the plaything of a Russian billionaire working directly with Russian spies who used conservative media to spout completely false and fabulous conspiracy theories.

At the time, I suggested Deripaska’s column seemed to be an attempt to get ahead of disclosures like we saw in the DOJ IG and SSCI Reports, which make it clear that Deripaska was working both sides of the dossier, ratcheting up the legal pressure on Paul Manafort even while sending Konstantin Kilimnik on errands of “collusion” with him.

Then, after explaining on what authority he is sharing all this information — “My lawyer testified these facts to the Senate Intelligence Committee on Nov. 3,” — Deripaska claims third hand that Jones told his lawyer that Fusion is a “shadow media organization helping the government,” funded by a “group of Silicon Valley billionaires and George Soros.”

Among other things then, this is a very crafty attempt to get information submitted to the close-lipped SSCI, but probably not to SJC or HPSCI where everything leaks, into the public.

So Deripaska, presumably using one hell of a ghost writer, manages to spin a Paul Singer funded effort as a Soros cabal.

As noted above, there’s good reason to believe that Deripaska is the mastermind of the entire strategy of discrediting the dossier as a way to discredit the Mueller investigation. The last time he tried to discredit the investigation directly, prosecutors dinged Paul Manafort for violating the gag rule in the DC case; any bets they have the red line of this effort? Yet the name Manafort doesn’t appear here, so perhaps (especially as Manafort is officially on the clock in EDVA after his arraignment today as well as DC) Deripaska’s just getting around the gag.

As you read this work of art (really!), keep the following in mind: for all that Deripaska puts the focus on Jones and Nuland, he never gets around to explaining why Chuck Grassley thinks he had a role in the dissemination of the dossier, too. Or why he demanded immunity to testify to SSCI. At that level this may be an attempt to get ahead of disclosures about his role in the dossier.

Kudos to Owens for revealing the back story to this column and for disavowing the swamp of frothy right wing media.

The Daily Caller is no longer an alternative news organization. Breitbart is no way in hell any kind of alternative news organization.

These aren’t alternative news websites. Too many times, they are alternative realities, complete with alternate sets of facts. It’s an epistemological nightmare.

But the available evidence suggests Owens is wrong when he attributes the placement to clickbait.

I can’t speak for Patel or for Carlson, who had largely left The Daily Caller for cable-news stardom by then, but the general sentiment at the Caller always seemed to be that all publicity—and, of course, all those precious, precious page views—was wonderful. The throng of page views was certainly good for my little opinion section, which had been downright beleaguered before I took over.

As I noted at the time, Deripaska’s column was entirely coherent with one of the Daily Caller’s most assiduous journalistic efforts, Chuck Ross’ efforts to make everything about the Russia story into the dossier and the dossier into a discredited rag, with absolutely no reflection on the implications if it got filled with disinformation. Chuck Ross’ journalistic project has been, for years, to fulfill precisely the strategy that Paul Manafort pitched after returning from a meeting with one of Deripaska’s GRU-linked aides, to conflate the dossier with the Russian investigation and as it became increasingly clear that the dossier had been soaked in disinformation, thereby discredit the entire effort to protect America from people like Deripaska.

It’s important that Owens reveal that the people running the Daily Caller forced him to publish obvious propaganda.

It just raises questions about the continuity between that decision and the non-stop focus pretending the dossier equals the Russian investigation.