Tag: george papadopoulos
Investigating FBI  Conspiracy To ‘Spy’ On Trump, Barr Will Find…Nothing

Investigating FBI Conspiracy To ‘Spy’ On Trump, Barr Will Find…Nothing

Two or three news cycles back, the Prevaricator in Chief made a shocking allegation. Or, that is to say, a charge that would be astonishing and unsettling coming from any president but him:

My Campaign for President was conclusively spied on,” Trump thundered on Twitter. “Nothing like this has ever happened in American Politics. A really bad situation. TREASON means long jail sentences, and this was TREASON!”

Coming only days after Attorney General William Barr tasked a U.S. Attorney with reviewing (yet again) the origins of the FBI’s Trump-Russia investigation, the allegation was nonsense on its face. As defined in Article III of the U.S. Constitution, “[t]reason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” It’s punishable by death.

But a presidential campaign is not the United States. Constitutionally speaking, it’s essentially nothing. As usual, Trump was simply blowing smoke. Even so, some of his detractors took the bait. CNN legal commentator Jeffrey Toobin called the president’s outburst a “grotesque abuse of power.”

Grotesque, yes. Also ridiculous.

Because it’s highly unlikely that anything’s going to happen. The attorney general’s various pronouncements on the topic of government “spying,” appear calculated to appeal to an audience of one: Trump himself.

In media interviews, Barr is careful to include a lawyerly escape-hatch, stipulating that what’s normally called “surveillance” when investigators secure legal warrants to conduct it, may indeed have been justifiable.

It’s a cagey game he’s playing. But so far, only a game.

Trump was at it again at a WWF-style campaign rally in Pennsylvania the other night, accusing FBI officials of treason while an enraptured crowd chanted “Lock them up!” (Earlier, they’d jeered “Lock her up!” at the mention of Hillary Clinton’s name.) He praised Barr, asserting that the AG would soon unmask the dark conspiracy against him.

That’s never going to happen for essentially the same reason Hillary Clinton has never been prosecuted for her imagined crimes. Bringing (pardon me) “Trumped-up” charges against prominent individuals with the wherewithal to defend themselves endangers the prosecution more than the defendant.

We don’t yet have show trials in the United States.

Trump can boast all he wants about serving several terms. He did that in Pennsylvania too. But that’s not happening either.

According to believers, the linchpin of the alleged anti-Trump conspiracy is former FBI director James Comey. You remember Comey, right? He’s the ace investigator who wrongly announced that the Feds had dug up shocking new evidence in the Hillary Clinton email probe ten days before the election—thereby costing her the presidency, many believe.

Meanwhile, the agency kept its “Crossfire Hurricane” probe of Trump staffers’ connections to Russian intelligence operatives very quiet. Which you’ve got to admit would be an odd way for anti-Trump conspirators to act.

Just days before the 2016 election, the New York Timespublished a front page article headlined “Investigating Donald Trump, F.B.I. Sees No Clear Link to Russia.” Readers were assured that “even the hacking into Democratic emails, F.B.I. and intelligence officials now believe, was aimed at disrupting the presidential election rather than electing Mr. Trump.”

The Mueller Report, of course, concluded exactly the opposite. Electing Trump was Job One at the Kremlin. Meanwhile, the Trump campaign, if it didn’t necessarily participate in a provable criminal conspiracy, secretly played footsie with Russian intelligence. Its expectation, Mueller concluded, was “that [the campaign] would benefit electorally from information stolen and released through Russian efforts.”

And so it very much did.

Entirely convinced of his own integrity, Comey has mounted his high horse regarding Barr’s insinuations. “The AG should stop sliming his own Department,” he wrote. “If there are bad facts, show us, or search for them professionally and then tell us what you found. An AG must act like the leader of the Department of Justice, an organization based on truth. Donald Trump has enough spokespeople.”

So no, none of these alleged traitors is going down easy, which means they’re not going down at all. Expect a murky report filled with legalistic quibbling. But treason? No how, no way.

Meanwhile, the latest conspiracy theory getting Trumpists all hot and bothered derives from a book by George Papadopoulos, the fired Trump aide whose barroom braggadocio started the whole fool thing. Entitled “Deep State Target,” it portrays its author as the pigeon in a dastardly plot cooked up not by Russians, but U.S., British, Israeli, and Australian intelligence.

History records that it was indeed the perfidious Aussies who tipped U.S. intelligence that a Trump aide was running his mouth in a London bar about the Russians having “dirt” on Hillary Clinton in the form of thousands of stolen emails. He also claimed to be keeping company with Vladimir Putin’s niece, and to be on a first-name basis with Benjamin Netanyahu.

Sometimes he makes stuff up, that Papadopoulos.

Why The Collusion Matters: What Almost Everyone Misses About Mueller’s Probe

Why The Collusion Matters: What Almost Everyone Misses About Mueller’s Probe

 

Special Counsel Robert Mueller may soon be wrapping up his Russia investigation, according to multiple reports. Or, he may not be. No one really knows, and conflicting reports all appear to be coming from sources outside of Mueller’s tight-lipped team, giving independent commentators little hope of discerning their accuracy.

But as many have begun to expect the end of the investigation, observers have are starting to reflect on what we have learned so far. And opinions vary wildly.

Some are convinced Mueller has already come up empty. Some believe he may be on the cusp of something big, but he may struggle to prove it. Others are sure that new, devastating revelations are just around the corner. Some think that the special counsel had shown serious problems around the Trump campaign but nothing that could possibly warrant impeachment of the president. Many of Trump’s conservative defenders think Mueller has gotten desperate and is only charging people with “process crimes” because he couldn’t find anything more serious. And yet another group says that while worse may be coming, what we already know amounts to a damning imputation of Trump and his allies.

You can put me in this last camp.

Mueller has already laid out a damning case of collusion between the Trump campaign and Russia. If it were taken as seriously as it should be by Congress, the president would already have been impeached and removed from office.

First, to make clear what this means, I must address the word “collusion.” There’s been a lot of handwringing about the use of this word since every legal expert has repeated ad nauseam that there’s no legal definition of “collusion” outside anti-trust law. Many critics of the president have argued that, by talking about collusion, we play into the president’s “no collusion” narrative, where he gets to define the terms. It’s much better, they say, to talk about “conspiracy,” an actual crime Trump and his allies could potentially be charged with.

But this argument gets things entirely backward. We know now that Trump and his allies colluded with Russia on multiple occasions. We don’t know if Mueller or anyone else will ever have enough evidence to charge anyone with conspiracy, which must meet a strict legal threshold.

And “collusion” isn’t some meaningless term that can be redefined at whim; it means quite simply, wrongful or deceitful cooperation to promote a common interest.

And when Deputy Attorney General Rod Rosenstein wrote the memo that appointed Robert Mueller to become the special counsel, he was clear that a core mission of the investigation was to pursue “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump”:

DOJ

Another word for “links and/or coordination” that must be investigated by a prosecutor and relate to Russia’s incursion into the American democratic process is “collusion.”

Rosenstein continued: “If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.”

This is important because this memo outlines how the Mueller investigation should be assessed. It also contradicts what many, including Glenn Greenwald, have claimed, which is that Mueller is to “charge, indict and prosecute any Americans who criminally conspired with Russia over the election.”

“Conspiracy” is, indeed, one way a prosecutor could charge someone who had deceitfully cooperated with the Russians. But collusion, as it were, could be bad and of national interest even if it doesn’t involve breaking the law — and there might be other laws that people could break while carrying it out.

As many have noted, the FBI investigation of the election began critically as a counterintelligence operation. Investigators saw Russia’s interference in 2016 as a threat to national security. This threat included its work for the benefit of and its overtures toward the Trump campaign.

When Mueller was appointed, no one seemed to question this aspect of his assignment. No one said, “links and/or cooperation are not a crime!” Mueller was widely hailed, even by Republicans, as a superb choice to become the special counsel. The Republican Party widely accepted that Russia’s interventions demanded serious investigations — which included efforts by the Congress in addition to the special counsel’s work. This is because it is a centrally important national interest to understand the details of risks and threats to the democratic process.

And as Mueller’s investigation has proceeded, we’ve learned ample evidence about how Trump, his family, and his campaign secretly worked with Russia as it carried out criminal operations to affect the 2016 election in his favor.

The first piece of evidence concerns the negotiations to build Trump Tower Moscow. The details of these negotiations aren’t fully clear, but they were made official in October 2015, and we know they were kept secret from the American people. Had they been made public, the revelation could have thwarted Trump’s presidential ambitions. The secrecy served both the interests of the Trump campaign and the Kremlin, both of whom wanted to see Trump elected. It’s also possible that financing the deal would have run afoul of sanctions on a Russian bank.

This is, then, a form of collusion. It’s an agreed-upon lie for mutual benefit, even if this agreement was never explicit.

Crucially, Michael Cohen, Trump’s lawyer, lied to Congress about these negotiations in an attempt to minimize them, showing how a crime arose directly from the collusion. This was done in line with Trump’s lies about having no business relationship with Russia.

The case of George Papadopoulos also remains somewhat hazy, but the outcome was clear: The Trump aide told a criminal lie to investigators to cover up the extent of Russia’s overtures to the Trump campaign. During the campaign itself, he shared the fact of the outreach from Russia with others in the campaign, even though the campaign would consistently deny any ties to Russia.

Perhaps the most egregious version of this form of collusion that has not yet resulted in any charges came from Donald Trump Jr. He set up a meeting for the campaign with a woman he was told was a Russian government lawyer in order to obtain dirt on Hillary Clinton. He was explicitly told it was part of an effort from Russia to help his father’s campaign. At the meeting, the group discussed “Russian adoptions” — a fig leaf for a conversation that is really about sanctions.

Later, when Russia was accused of leading the effort to spread stolen emails to hurt the Democrats, Don Jr. lied and dismissed the notion that Kremlin had any interest in helping his father win:

Again, it’s important to be absolutely clear about what’s happening here: In line with his father’s rhetoric, Don Jr. is deceitfully helping the Kremlin engage in a cover-up of its criminal election interference.

We also now know that Paul Manafort, the president’s former campaign manager, has been caught lying to Mueller and his team about his interactions during the 2016 campaign with Konstantin Kilimnik, who the FBI believes is tied to Russian intelligence. At one of the meetings that a judge has ruled he lied about, Manafort passed Kilimnik detailed polling data. While Manafort has not been charged with these criminal lies, Judge Amy Berman Jackson has ruled that they constituted intentional deception on his part and thus nullified his cooperation deal with Mueller.

And Roger Stone, a longtime ally of Trump who worked on the campaign, has, like Cohen, been charged with lying to Congress about the investigation. Stone’s alleged lies regard both his ties to WikiLeaks, which appeared to act on Russia’s behalf during the 2016 election and his communications with the Trump campaign. If he did lie, as Mueller claimed, he was covering up yet another vector of influence between Russia and the Trump campaign.

Finally, Michael Flynn, Trump’s national security adviser, lied to the FBI about his discussions with the Russian ambassador about sanctions during the transition period. This, again, appears to be more evidence that the Trump team’s interests and Russia’s interests were aligned in secrecy, even after the extent of the Kremlin’s threat to national security was clear.

So what has this all shown?

Put simply: Trump’s campaign colluded with Russia as it intervened in the 2016 election, intervention that was widely regarded as an attack on national security. While a counterintelligence investigation delved into these events, Trump’s allies, following the lead of Trump himself, told lies, including some criminal lies, to cover up aspects of this national security threat. (And the case presented here doesn’t even touch on the allegations that Trump himself engaged in criminal obstruction of justice.)

These aren’t mere “process” crimes. Mueller isn’t on a witch hunt. He didn’t trick anyone into a perjury trap. These lies were constant and intentional. They were coordinated to the same ends. And they were in line with the interests of a country that poses a threat to the United States.

It’s a relatively simple story, and even without any other charges, it should be absolutely politically damning for any sitting president. The fact that this is even controversial shows how deeply distorted American politics has become.

Why The FBI Investigated Carter Page, ‘Idiot’ Espionage Suspect

Why The FBI Investigated Carter Page, ‘Idiot’ Espionage Suspect

Let’s put it this way: if poor, abused Carter Page wasn’t a Russian agent back when Donald Trump plucked him from obscurity to advise his 2016 campaign, he’d definitely done all he could to look like one. Among the many bizarre aspects of Rep. Devin Nunes’ incompetent and dishonest “Top Secret” memo purporting to discredit the Mueller investigation, pushing this odd bird back into the spotlight ranks near the top.

Why did Trump pick Page in the first place? Publicly praising Vladimir Putin as a stronger, more decisive leader than President Obama surely had something to do with it. Trump loves him some Putin. Imprisoning political rivals gives him a thrill. That Putin opponents keep turning up dead in ambiguous circumstances only proves him a manly, decisive leader.

Then there was Page’s longstanding opposition to economic sanctions against Russia in reaction to its armed incursions in Crimea and eastern Ukraine. Getting those sanctions lifted was the biggest tangible result the Kremlin hoped to achieve from its cyber-attacks on the U.S. presidential election.So reliably did Carter Page parrot the Putin line during three years living in Moscow that FBI agents first interviewed him in 2013, warning that he appeared to be under recruitment as a Russian spy. Indeed, Time recently found a letter Page wrote to a publisher back then bragging: “Over the past half year, I have had the privilege to serve as an informal advisor to the staff of the Kremlin in preparation for their Presidency of the G-20 Summit next month.”

The privilege, mind you.

 Indeed FBI surveillance captured Russian spies talking about their attempts to recruit Page, despite characterizing him as an “idiot.”

“I also promised him a lot,” convicted Russian agent Victor Podobnyy said on an FBI intercept. “This is intelligence method to cheat, how else to work with foreigners? You promise a favor for a favor. You get the documents from him and tell him to go [bleep] himself.”

Page admitted providing the documents.

A Kremlin advisor, and then a Trump advisor. Makes sense to me, although I do wonder exactly who recommended him.

But an idiot? Anybody who watches his March 2, 2017 interview with MSNBC’s Chris Hayes, during which Page first denies, next admits and then lamely tries to spin a meeting with Russian ambassador (and spymaster) Sergei Kislyak during the 2016 GOP convention will find it hard to disagree.

Among other liabilities, Carter Page is a terrible dissembler. The man giggles.

Later that month, Page nipped off to Moscow to speak at the prestigious New Economic School, where he basically stuck to the Putin party line about poor, misunderstood Vladimir’s excuses for military adventurism. Asked by Chris Hayes how many Kremlin bigshots and spies he’d encountered there, Page giggled.

He couldn’t be sure. They don’t wear ID badges, you know.

It was the Moscow junket that seemingly led to Page being asked to step down from the Trump campaign, following directly upon embarrassing news that campaign manager Paul Manafort had received more than $12 million cash from a Kremlin-linked Ukrainian political party.

So no wonder Trump press spokesman Sean Spicer got sent out to deny that the president even knew the guy. Which may even be true. Hence too, however, the sheer absurdity of Devin Nunes’s pronouncement on Fox & Friends that the FBI used tainted evidence “to get a warrant on an American citizen to spy on another campaign.”  

Earth to Nunes: Page resigned from the campaign two months before the FBI reopened its probe of his links to Russian intelligence. Hence the agency’s October 2016 FISA court application to place him under surveillance. To win approval, investigators needed to provide probable cause that he was “knowingly engaging in clandestine intelligence gathering activities for or on behalf of” Russia.

To maintain surveillance, FBI investigators then had to convince a federal judge that valuable new evidence had resulted every 90 days. Key words: “new evidence.” The surveillance continued for a full year, notes Asha Rangappa, a former FBI counter-espionage agent. 

“And then there are all the multiple approaches made by individuals connected to Russian intelligence to Donald Trump Jr., Jared Kushner, and Jeff Sessions,” Rangappa writes. She adds bluntly but accurately: “Every one of them has lied when asked about their Russian contacts.”

Somebody who lied to the FBI was George Papadopoulos, another Trump campaign lightweight whose drunken boasts to an Australian diplomat about Russian hacking of Hillary Clinton’s emails jump-started the agency’s counter-intelligence investigation of the Trump campaign’s Kremlin connections in July 2016. The Nunes memo’s unwitting confirmation of this fact makes nonsense of all the rest.

Meanwhile, British dossier or no dossier—and it’s worth noticing that  Nunes memo makes no attempt to prove its contents false, merely attacks author Christopher Steele’s presumed motives—it would have been gross dereliction of duty for U.S. intelligence not to give Carter Page a long, hard look.

The Nunes Memo Mystery: Why Did Trump Release This Dud?

The Nunes Memo Mystery: Why Did Trump Release This Dud?

The only mystery that still surrounds the “Nunes memo” — concocted by Republicans on the House Intelligence Committee and named for its chairman Devin Nunes — is why Congressional Republicans and President Trump authorized its release with such maniacal hype.

Promoted as proof of a scandal “far worse than Watergate,” in the feverish phrasing of Fox News host Sean Hannity, the document is a comical historic dud. Its four pages not only fail to discredit the special counsel investigation but only seem to bolster its importance.

All the controversy over the Nunes memo has achieved so far is to undermine Congressional oversight of the intelligence community; harm the relationship between the FBI and the White House; and wreak untold damage upon the morale of the nation’s chief bulwark against espionage and terrorism.

The humiliation of Nunes and his committee colleagues — already badly embarrassed by his attempt to show that President Obama “wiretapped” Trump Tower — is now complete. And the Russian autocrats, whose social media machinery has pushed the GOP’s #releasethememo campaign, must be laughing hardest.

So what does the memo prove? Certainly nothing that protects Trump. (Knowing his work habits, I suspect he hasn’t bothered to read it himself. He’d rather listen to Hannity talk about it.)

Let’s begin with the Republican narrative that the Nunes memo was supposed to confirm. According to the GOP version, FBI and Justice Department officials premised the Russia investigation on a tainted partisan source — the so-called “Steele dossier” put together by a former British intelligence agent for Trump opponents, including the Democratic National Committee. They allegedly further poisoned the investigative process when they obtained a warrant on Carter Page, a Trump foreign policy adviser with Russian connections, under the Foreign Intelligence Surveillance Act (FISA).

As FBI Director Christopher Ray and other knowledgeable officials noted, the Nunes memo omits many essential facts that contradict the Republican narrative. Yet even in the absence of a counter-memo prepared by Democrats on the House Intelligence Committee, which the Republicans succeeded in suppressing temporarily, it contains a telltale sentence on the final page.

Discussing the FBI’s FISA application on Carter Page, which must be approved by a special court, the Nunes memo mentions that the application cited “information regarding fellow Trump campaign advisor George Papadopoulos.”

This “information” was the fact, first reported by the New York Times, that Papadopoulos had disclosed to an Australian official the Trump campaign’s awareness of “dirt” on Hillary Clinton obtained by the Kremlin. Subsequently, Australian intelligence authorities conveyed that disturbing episode to the FBI. The Nunes memo then offers this devastating acknowledgment about the origin of the Russia investigation:

The Papadopoulos information triggered the opening of an FBI counterintelligence investigation in late July 2016 by FBI agent Peter Strzok.

In other words, the Russia probe did not originate with the Steele dossier, as claimed by countless fakers and frauds in the right-wing media and on Capitol Hill.

Equally ruinous to the Republican narrative is what the Nunes memo omits from its tendentious bullet points. Evidently the authors were foolish enough to believe that if they left salient facts out of their document, nobody would ever know. But that isn’t how democratic debate works.

For instance, the memo simply ignores the basic fact that Carter Page has been a subject of interest to the FBI’s counterintelligence division since 2013, when he turned up in an investigation of a Russian spy ring. Although Page was not indicted in that case, which led to the imprisonment of one Russian agent and the expulsion of two confederates, the FBI warned him that he had been a recruitment target.

So the legal basis for investigating Page had been established years before he met Donald Trump, let alone played a role in Trump’s presidential campaign. Indeed, the Trump campaign and the White House have repeatedly minimized Page’s participation in the campaign, presumably as part of the overall cover-up.

As the Democrats explained in a press release that summarized parts of their counter-memo:

The premise of the Nunes memo is that the FBI and DOJ corruptly sought a FISA warrant on a former Trump campaign foreign policy adviser, Carter Page, and deliberately misled the court as part of a systematic abuse of the FISA process. As the Minority memo makes clear, none of this is true. The FBI had good reason to be concerned about Carter Page and would have been derelict in its responsibility to protect the country had it not sought a FISA warrant.

Moreover, the memo’s misleading assertions are sure to instigate the release of additional information that belies its content and exposes its authors. Consider its claim concerning the sealed testimony of Andrew McCabe, the former deputy director of the FBI who left the bureau this week under pressure from the White House. He supposedly testified that the Carter Page FISA warrant would not have been issued without the inclusion of the Steele dossier.

But Democratic members of the House Intelligence Committee, who were present for McCabe’s testimony, say that badly misrepresents what he said. One way or another, the McCabe transcript will be released — and that is very unlikely to support the Republican argument.

In coming days we will learn more about the Nunes memo, its fallacies and falsehoods, especially when the answer prepared by the competent Democrats on the intelligence committee is finally released. We may discover why the FISA court renewed the FISA warrant on Page more than once — which would not have occurred if the surveillance of Page had produced nothing of concern. Both Page and his patrons may well find themselves regretting that they opened this Pandora’s box.

The first time that the White House depended on protection by Devin Nunes quickly turned into a disaster. The second time is proving their bad faith, dishonesty, and incompetence beyond a reasonable doubt.

PHOTO: Rep. Devin Nunes (R-CA) talks to reporters as he walks in the U.S. Capitol in Washington, October 15, 2013. REUTERS/Jonathan Ernst