• 15 Questions for Robert Mueller

    May 6, 2019 // 13 Comments »


     

    You know that movie with Bruce Willis and the kid who says “I see dead people?” In the end it turns out everyone is already dead. Now imagine there are people who don’t believe that. They insist the story ends some other way. Maybe there’s missing footage! Spoiler Alert: the Mueller Report ends with no collusion. No one is going to prosecute anyone for obstruction. That stuff is all dead. We all saw the same movie.

    Yet there seem to remain questions to be answered. And while it is doubtful the stoic Robert Mueller will ever write a tell-all book, or sit next to Seth and Trevor dishing, he may be called in front of Congress. Here’s some of what he should be asked.
     
    1) You charged no “collusion,” obstruction, or any other new crime. In simple words tell us why. If the answer is “The evidence did not support it,” please say “That one.”
     

    2) Your Report did not refer any of the crimes in the first question to Congress, the SDNY, or anywhere else. Again, tell us why. If the answer is “The evidence did not support it,” please say “That one again.”
     

    3) Despite you making no specific referrals to others for action, the Report states “The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of the office accords with our constitutional system of checks and balances and the principle that no person is above the law.” Why did you include such restating of a known fact instead of either a direct referral or nothing? Many people have read that line to mean you could not indict a sitting president and so you wanted to leave a clue to others, in Congress, to exercise some role. You could have spelled it all out — “this all is beyond my and the AG’s Constitutional roles and must/can only be resolved by Congress” would have worked. Why not?
     

    4) Many readers of the Report believe they see clues (one footnote looms as the grassy knoll of your work) the specific reason you did not indict Trump was because of DOJ/OLC guidance against indicting a sitting president. In other words, absent that specific guidance, would you have indicted the president? If so, why didn’t you say so unambiguously and trigger what would be the obvious next steps.
     

    5) When did you conclude there was no collusion/conspiracy/coordination between Trump and the Russians such that you would make no charges or indictments? You must have closed at least some of the subplots — Trump Tower meeting, Moscow Hotel project — months ago. Did you give any consideration to announcing key findings as they occurred? You were clearly aware inaccurate reporting continued, damaging to the public trust. You allowed that to happen. Why?
     

    6) But before you answer that question, please answer this one. You did make a rare pre-Report public statement saying Buzzfeed’s story claiming Trump ordered Cohen to lie to Congress was false. You restated that in the Report, where you also mentioned (Vol I, p 198) you privately told Jeff Sessions’ lawyer in March 2018 Sessions would not be charged. Since your work confirmed nearly all bombshell reporting on Russiagate was wrong (Cohen was not in Prague, nothing criminal happened in the Seychelles, etc), why was it only that single instance that caused you to speak out publicly? And as with Sessions, did you privately inform any others prior to the release of the Report they would not be charged? If only some but not all were informed, why was that? What standard did you apply to these decisions?
     

    7) A cardinal rule for prosecutors is not to publicize negative information that does not lead them to indict someone — “the decision does the talking.” James Comey was strongly criticized for doing this to Hillary Clinton during the campaign. Yet most of Volume II is just that, descriptions of actions by Trump which contain elements of obstruction but which you ultimately did not judge to rise to the level of criminal chargeability. Why did you include all that so prominently? Some say it was because you wanted to draw a “road map” for impeachment. Did you? Why didn’t you say that? You had no reason to speak in riddles.
     

    8) There is a lot of lying documented in the Report. But you seemed to only charge people early in this investigation with perjury (traps.) Was that aimed more at pressuring them to “flip” than justice per se? Is one of the reasons several of the people in the Report who lied did not get charged with perjury later in the investigation because by then you knew they had nothing to flip on?
     

    9) In regards to the June 2016 Trump Tower meeting, where derogatory information on Clinton was offered (but never given) you declined prosecution, citing in part questions (Vol I, p 186) over whether such information constituted the necessary “thing of value” that would have to exist, inter alia, to make its proffer a campaign finance violation. You don’t answer the question in the Report, but you do believe information could be a “thing of value” (the thing of value must exceed $2,000 for a misdemeanor, $25,000 for a felony.) What about the withholding of information? Could someone saying they would not offer information publicly be a “thing of value” and thus potentially part of a campaign law violation? Of course I’m talking about Stormy Daniels, who received money not to offer information. Would you make the claim silence itself, non-information, is a “thing” of value?
     

    10) You spend the entire first half of your report, Volume I, explaining it was some combination of “the Russians” who sought to manipulate our 2016 election via social media and the DNC email hacks. Though there is a lot of redacted material, at no point in the clear text is there information on whether the Russians actually did influence the election. Even trying was a crime, but given the importance of all this (some still claim the president is illegitimate) and for future elections, did you look into the actual effects of Russian meddling? If not, why not?
     

    11) Everything the Russians did, in Volume I, they did during the Obama administration. Did you investigate anyone in the Obama administration in regards to Russian meddling, what was done, what was missed, could it have been stopped, and how the response was formed? Given Trump’s actions toward Russia would follow on steps Obama took this seems relevant. Did you look? If not, why not?
     

    12) Some of the information you gathered against Michael Flynn was initially picked up inadvertently under existing surveillance of the Russian ambassador. As an American person, Flynn’s name would have been routinely masked in the reporting on those intercepts to protect his privacy. The number of people with access to those intercepts is small and list-controlled, and the number inside the Obama White House with the authority to unmask names, i.e., reveal it was Michael Flynn, not AmPerson1, is even smaller. Yet details were leaked to the press and ended Flynn’s career. Given the leak may have exposed U.S. intelligence methods, and given that it had to have been done at a very high level inside the Obama White House, and given that the leak directly violated Flynn’s Constitutional rights, did you investigate If not, why not?
     

    13) The NYT wrote “some of the most sensational claims in the [Steele] dossier appeared to be false, and others were impossible to prove. Mr. Mueller’s report contained over a dozen passing references to the document’s claims but no overall assessment of why so much did not check out.” Given the central role the Steele Dossier played in parts of your work, and certainly in the portion of the investigation which commenced as Crossfire Hurricane in summer 2016, why did you not include any overall assessment of why so much did not check out inside such a key document?
     

    14) Prosecutors do not issue certificates of exoneration, and have no obligation to “exonerate” people they consider for charges. The job is to charge or drop a case. That’s what constitutes exoneration in any practical sense. Yet you have as the final line in a report that does not charge anyone “while this report does not conclude that the President committed a crime, it also does not exonerate him.” Can you explain why that line was included, and so prominently?
     

    15) Near the end of the Report you wrote “if we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state.” You argue elsewhere in the Report because Trump is a sitting president he cannot be indicted, so therefore it would be unjust to accuse him of something he could not go to court and defend himself over. But didn’t you do just that? Why did you leave the taint of guilt without giving Trump the means of defending himself in court? You must have understood such wording would be raw meat to Democrats, and would force Trump to defend himself not in a court with legal protections, but in a often hostile media. Was that your intention?
      

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    Mueller: End Game, Das Reckoning Gotterdammerung Fin Apocalypse

    March 25, 2019 // 3 Comments »


     

    The short version? Mueller is done. His report unambiguously states there was no collusion or obstruction. He was allowed to follow every lead unfettered in an investigation of breathtaking depth.
     
    It cannot be clearer. The report summary states “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US Presidential Election… the report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.”

    Robert Mueller did not charge any Americans with collusion, coordination or criminal conspiracy between the Trump campaign and Russia. The special counsel also considered whether members of the Trump campaign “coordinated,” a much lower standard defined as an “agreement, tacit or express,” with Russian election interference activities. They did not.

    Everything – everything – else we have been told since the summer of 2016 falls, depending on your conscience and view of humanity, into the realm of lies, falsehoods, propaganda, exaggerations, political manipulation, stupid reporting, fake news, bad judgment, simple bull or in the best light, hasty conclusions.

    As with Dorothy’s ruby slippers, the proof of no collusion has always been with us. There was a guilty plea from Michael Flynn, Trump’s national security adviser, on one count of perjury unrelated to Russiagate. Flynn lied about a legal meeting with the Russian ambassador. Rick Gates, deputy campaign manager, plead guilty to conspiracy and false statements unrelated to Russiagate. George Papadopoulos, a ZZZ-level adviser, plead guilty to making false statements about legal contact with Russians. Michael Cohen, Trump’s lawyer, plead guilty to lying to Congress about a legal Moscow real estate project. Paul Manafort, very briefly Trump’s campaign chair, plead guilty to conspiracy charges unrelated to Russiagate and which for the most part occurred before he even joined the campaign. Roger Stone, who never officially worked for Trump, awaits a trial that will happen long after Mueller turns the last lights off in his office.

    Mueller did indict some Russia citizens for hacking, indictments which in no way tied them to anything Trump, and which will never see trial. Joseph Mifsud, the Russian professor who supposedly told Papadopoulos Moscow had “thousands of Hillary’s emails” was never charged. Carter Page, subject of FISA surveillance and a key actor in the Steele dossier, was also never charged with anything. After hours of testimony about that infamous June 2016 Trump Tower meeting to discuss Hillary’s email, and other meeting around the Moscow hotel, no one was indicted for perjury.
     
    The short version of Russiagate? There was no Russiagate.
     
    What Will Happen Next is already happening. Democrats are throwing up smoke demanding the full Mueller report be made public “rushing to judgment” on Mueller’s black and white conclusions. Speaker Pelosi announced whatever AG Barr would release as a summary of the Mueller report would not be enough even before he released the summary. One Dem on CNN warned they would need the FBI agents’ actual handwritten field notes.

    Adam Schiff said “Congress is going to need the underlying evidence because some of that evidence may go to the compromise of the president or people around him that poses a real threat to our national security.” Schiff believes his committee is likely to discover things missed by Mueller, whose report indicates his team interviewed about 500 witnesses, obtained more than 2,800 subpoenas and warrants, executed 500 search warrants, obtained 230 orders for communications records, and made 13 requests to foreign governments for evidence.

    Mueller may still be called to testify in front of Congress, as nothing will ever be enough for #TheResistance cosplayers now in charge. Overnight, Mueller’s findings, made by Mueller the folk hero, the dogged Javert, the Marine on his last patrol suddenly aren’t worth puppy poo unless we can all look over his shoulder and line-by-line second guess him. Joy Reid for her part has already accused Mueller of covering up the crime of the century.

    The New York Times headline “As Mueller Report Lands, Prosecutorial Focus Moves to New York” says the rest — we’re movin’ on! Whatever impeachment/indictment fantasies diehard Dem have left are being transferred from Mueller to the Southern District of New York. The SDNY’s powers, we are reminded with the tenacity of a bored child in the back seat, are outside of Trump’s control, the Wakanda of justice.
     
    The new holy land is called Obstruction of Justice, though pressing a case Trump obstructed justice in a process that ultimately exonerated him will be a tough sell. In a sentence likely to fuel discussion for months, the Attorney General quotes Mueller “While this report does not conclude that the President committed a crime, it also does not exonerate him.”

    It sounds dramatic, but in fact means while taking no position on whether obstruction took place, Mueller concluded he did not find enough evidence to prosecute. Mueller in the report specifically turns any decision to pursue obstruction further over to the Attorney General; Attorney General Barr and Deputy Attorney General Rod Rosenstein meanwhile have already determined the evidence does not support prosecution of the president for obstruction of justice.

    Mueller also specifically noted obstruction of justice requires proof of intent, and wrote since he found Trump, et al, did not conspire with Russia, there can be no intent to obstruct an investigation Trump knew could not lead to anything. The case is thus closed judicially (Mueller essentially telegraphed the defense strategy), though Democrats will likely Quixotically poke at pursuing it.
     

    This is developing as a major talking point among those seeking to dilute how clear this is. So, in simple language:

    — Mueller had to see if he had enough evidence to prosecute obstruction. He did not find sufficient evidence. The choices are sufficient to prosecute, sufficient to exonerate, or neither. He chose neither. That’s where his job ends. Insufficient to exonerate does not equal “guilty.”

    — At that point any future decisions go to the AG and DAG. They have already said there is not enough evidence to prosecute, the exact same decision Mueller made. They confirmed Mueller saying there was not sufficient evidence to prosecute.

    — Mueller then telegraphs the real point: Mueller found no collusion. Trump of course knew he did nothing wrong with Russia (dammit, that is proven now). So how can anyone show Trump intended to block an investigation he knew would find nothing wrong? You’re going to try and impeach him for supposedly trying to block an investigation he knew would find him innocent?

    –Since no intent, there can be no prosecution. The rest does not matter.

    — Ok, ok, even s l o w e r. Mueller makes clear the Trump campaign did not conspired, collude or coordinate with the Russians. It is impossible to show a corrupt motive to obstruct an investigation into a crime that did not occur.

    — Also, grownups charged, appointed and/or elected are doing their jobs. The Constitution does not require concurrence from Twitter, or for you to shout “Release the report!” that those people have already read so you can look over their shoulder and come to a conclusion based on your undergraduate degree in Spanish. The report should of course be released for historians and scholars, but not simply to second guess its conclusions on social media like dumbasses.

     

    That leaves corruption. Politico has already published a list of 25 “new” things to investigate about Trump, trying to restock the warehouse of broken impeachment dreams (secret: it’s filled with sealed indictments no one will ever see.) The pivot will be from treason to corruption; see the Cohen hearings as Exhibit One. Campaign finance minutia, real estate assessment questions, tax cheating from the 1980s, a failed Buffalo Bills purchase years ago… how much credibility will any of that now have with a public realizing it has been bamboozled on Russia?

    Will Dems really try to make the case maybe sorta fudging a loan application to a German bank years ago based on differing interpretations of “goodwill and brand value” before running for office is an impeachable offense in 2019? That is what the Founders had in mind when they wrote the rules for driving an elected president out of office?

    Then there’s the argument (which Mueller did not make) the investigation had to spare Trump because dang it, some nancyboy spoiled everything by saying a sitting president can’t be indicted. But one can’t conspire alone; even if Trump got a Get Out of Jail Free card, Mueller didn’t take down anyone around him. Same with all the perjury charges which weren’t filed over the Moscow Hotel or Stormy or any meeting(s) with Russians. If Mueller couldn’t indict Trump for the conspiracy so many insist still exists, why didn’t Mueller at least indict someone besides Trump for lying to cover it up?

    At some point even the Congresswoman with the most Twitter followers is going to have to admit there is no there, there. By digging the hole they are standing in even deeper Dems will only make it more obvious to everyone but Sam Bee’s interns they have nothing. Expect to hear “this is not the end, it is only the end of the beginning” more often most people check their phones, even as it sounds more needy than encouraging, like an ex- who doesn’t get it is over checking in to see if you want to meet for coffee.

    Someone at the DNC might also ask how this unabashed desire to see blood drawn from someone surnamed Trump will play out with potential 2020 purple voters. It is entirely possible voters are weary and would like to see somebody actually address immigration, healthcare, and economic inequality now that we’ve settled the Russian question.
     
    That is what is and likely will happen. What should happen is a reckoning.

    Even as the story fell apart over time like a cardboard box in the rain, a large number of Americans, and nearly all of the MSM, still believed the president of the United States was a Russia intelligence asset, in Clinton’s own words, “Putin’s puppet.” How did that happen?

    A mass media which bought the lies over non-existent weapons of mass destruction in Iraq and then promised “never again!” did it again. The New York Times, WaPo, CNN, MSNBC, et al, reported falsehoods to drive a partisan narrative. They gleefully created a serial killer’s emptywheel-like bulletin board covered blurry photos of everyone in Russiagate connected by strands of yarn.

    Another generation of journalists soiled themselves. They elevated mongerers like Seth Abramson, Malcolm Nance, and Lawrence Tribe, who vomited nonsense all over Twitter each afternoon before appearing before millions on CNN. They institutionalized unsourced gossip as their ledes — how often were we told the walls were closing in? That it was Mueller time? How many times was the public put on red alert Trump/Sessions/Rosenstein/Whitaker/Barr was going to fire the special prosecutor? The mass media featured only stories which furthered the collusion tall tale and silenced those skeptical of the prevailing narrative, the core failure from the Iraq War.

    The short version: There were no WMDs in Iraq. That was a lie, the media promoted it shamelessly while silencing skeptical voices. Mueller indicted zero Americans for working with Russia to influence the election. Russiagate was a lie, the media promoted it shamelessly while silencing skeptical voices.

    Same for the politicians, alongside Hayden, Brennan, Clapper, and Comey, who told Americans the president they elected was a spy working against the United States. None of that was accidental or by mistake. It was a narrative they desperately wanted to be true so they could politically profit regardless of what it did to the nation. And today the whitewashing is already ongoing. Keep an eye out for Tweets containing the word “regardless” to trend.
     
    And someone should contact the ghost of Consortium News’ Robert Parry, one of the earliest and most consistent skeptics of Russiagate, and tell him he was right all along. That might be the most justice we see out of all this.

      

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    The FBI’s Coup Attempt Failed

    February 20, 2019 // 15 Comments »


     
    The sad state of things is former FBI Deputy Director Andrew McCabe is barking around late night comedy shows, in spots usually reserved for B-list actors to pimp their latest movies, pimping the idea the president is a live Russian intelligence asset.

    We also hear from McCabe the FBI sought to overturn the 2016 election after it failed to get its preferred candidate elected.

    If any of this surprises you — essentially an attempted coup by the FBI that failed when the Cabinet would not support it by a faux invocation of the 25th Amendment — you haven’t been reading my stuff. Here’s a piece from over a year ago explaining.

     
    BONUS:
    And for fun, here’s a year old summary of the Mueller Russiagate case that could run today with some minor updates. Little of substance has changed, and yes, we’re still waiting.

    If you’re interested in what’s next, it will be the Steele Dossier falling apart. Here’s why.

    The full force of the U.S. intelligence community has been looking for evidence of Russian government (not just “some Russians”) interference in the election for close to two and a half years (five Trump campaign officials were under investigation as of September 2016, including Flynn.) It is reasonable to conclude they do not have definitive intelligence, no tape of a Team Trump official cutting a deal with a Russian spy. The same goes for the Steele dossier and its salacious accusations. If a tape existed or if there was proof the dossier was true, we’d watching impeachment hearings.

    What’s left is the battle cry of Trump’s opponents since Election Day: “Just you wait.” They exhibit a scary, gleeful certainty that Trump worked with the Russians, because how else could he have won?

     
     

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    Trump and the New McCarthyism

    August 3, 2018 // 23 Comments »

    There was no explanation for what had happened, how certain victory had boiled off. Fear took over. An answer was needed, and one was created: the Russians. 1950s Cold War America? Or 2018 Trump America? Yes.

    WWII ended with the U.S. the planet’s predominant power. But instead of recognizing its strength, darker forces saw profit in creating new fears. The Soviet Union morphed from an ally decimated after losing 20 million soldiers fighting fascism to a powerful equal locked in a titanic struggle with America. How did they get so powerful so quickly? Nothing could explain this, except… traitors.

    Some realized fear was not a problem, but a tool — one could defeat political enemies simply by accusing them of being Russian sympathizers. There was no need for evidence, Americans were desperate to believe, and so assertions someone was in league with Russia were enough. Joseph McCarthy fired his first shot on February 9, 1950, proclaimed there were 205 card-carrying members of the Communist Party working for the Department of State. The evidence? Nothing but McCarthy’s assertions, but they were enough.

    Pretending to be saving America while he tore at its democratic foundations, over the next four years McCarthy made careers for those who cooperated in his accusations, such as a young red-baiting Richard Nixon, the president of the screen actors guild, Ronald Reagan, who supported the blacklisting of many artists simply by pointing a finger at them and saying “Communist”, and Roy Cohn, a vicious young attorney who ironically would later work for Donald Trump. The power of accusation was used by others as well; the Lavender Scare was an off-shoot of McCarthyism that concluded the State Department was overrun with closeted homosexuals who were at risk of being blackmailed by Moscow. By 1951, 600 people were fired based solely on evidence-free “morals” charges. All across America, state legislatures and school boards mimicked McCarthy. Thousands of people lost their jobs. Books and movies were banned or boycotted based on the “hate speech” of the day, accusations they helped promote Communism. Libraries, for example, banned Robin Hood for suggesting stealing from the rich to give to the poor. The FBI embarked on campaigns of political repression, suspecting Martin Luther King was a Communist. Journalists and academics voluntarily narrowed their political thought and tamping down criticism and inquiry in the 1950’s and beyond.

    In 2018, watching sincere people succumb to paranoia is not something to relish. But having trained themselves to intellectualize away Hillary Clinton’s flaws, as they had with Obama, about half of America truly could not believe she lost to the antithesis of what she represented to them. She was strong (they called her the most qualified candidate in history.) Every poll (that they read) said she would win. Every article (that they read) said it too, as did every person (that they knew.) Lacking an explanation for the unexplainable, they tried out scenarios that would have failed high school civics, claiming only the popular vote mattered, or the archaic Emoluments Clause prevented Trump from taking office, or that he was clinically insane and had to be carted off under the 25th Amendment.

    After a few trial balloons during the primaries where Bernie Sanders’ visits to Russia and Jill Stein’s attendance at a banquet in Moscow were used to imply disloyalty, the fearful cry the Russians meddled in the election morphed into Trump had worked with the Russians and/or (fear is flexible filling in the gaps) the Russians had something on Trump, that new Russian word everyone learned, kompromat. History may not repeat, but it often rhymes, and Donald Trump became the Manchurian Candidate, the name itself taken from a 1959 novel made into a classic Cold War movie positing an American soldier had been brainwashed by communists as part of a plot to place someone under the thumb of the Kremlin in the Oval Office. The New York Times, Vanity Fair, the New York Daily News, Salon, The Hill, the Washington Post,a nd sure, why not, Stormy Daniels’ lawyer Michael Avenatti have all claimed Trump is 2018’s Manchurian Candidate. Cynical, or prescient?

    The birth moment of Trump as a Russian asset is traceable back to MI-6 intelligence officer turned Democratic opposition researcher turned FBI mole Christopher Steele, whose “dossier” claimed the existence of the pee tape. Somewhere deep in the Kremlin is supposedly a surveillance video made in 2013 of Trump in Moscow’s Ritz-Carlton Hotel, watching two prostitutes urinate on a bed the Obamas once slept in.

    No one, not even Steele’s alleged informants, has actually seen the tape. It exists in a land of assertion-is-fact-enough alongside the elevator tape. Reporters, as well as Z-list celebrity Tom Arnold, are actively seeking a tape of Trump doing something in an elevator so salacious the video has been called “Every Trump Reporter’s White Whale.” No one knows when the elevator video was made, but a dossier-length article in New York magazine posits Trump has been a Russian asset since 1987, controlled through a set of big money deals as carrots, whose disclosure would be the kompromat of a stick.

    This is the McCarthy playbook. Trump’s victory seems inexplicable, therefore it could not have happened without outside help. The Russians were certainly sniffing around the edges of the election process, so they must have done it. Trump has done business in Russia, and, a man like him certainly could not have made his money honestly (the tax documents!) The easiest way to bring him down is to offer what his detractors would accept as a plausible explanation — the Russians did it and Trump is in on it — and answer fear with the blind certainty of assertions. As McCarthy did with homosexuality, throw in a few hints of dirty sex to keep the rubes paying attention.

    Suddenly no real evidence is necessary, because it is in front of your face. China fell to the Communists in 1949. The State Department was in charge, therefore was responsible, and therefore must be riven with traitors because why else but on purpose would they fail America? McCarthy accussed Presidents Roosevelt, Truman, and Eisenhower of being Communists or Communist stooges. Trump holds a bizarre press conference in Helsinki and the only answer is that he is a traitor. Hillary herself asked which side Trump was on. Nancy Pelosi (“President Trump’s weakness in front of Putin was embarrassing, and proves that the Russians have something on the President, personally, financially or politically”) and Cory Booker (“Trump is acting like he’s guilty of something”) and Lindsey Graham and John Brennan and MSNBC and CNN said Trump is controlled by Russia, even as columnists in the New York Times called him a traitor. As the news did in 1954, when they provided live TV coverage of McCarthy’s dirty assertions against the Army, modern media used each new assertion as “proof” of an earlier one. If they all are saying it, it has to be true. Snowballs get bigger rolling downhill.

    When assertion is accepted as evidence it forces the other side to prove a negative to clear their name. So until Trump “proves” he is not a Russian stooge, he remains one in the eyes of his accusers, and his denials are seen as desperate attempts to wiggle out from under the evidence. Joe McCarthy’s victims faced similar challenges; once labeled a communist or a homosexual, the onus shifted to them to somehow prove they weren’t. Their failure to prove their innocence became more evidence of guilt. It all creates a sense of paranoia. The 1950’s version was well-illustrated in movies like Invasion of the Body Snatchers, or a selection of classic Twilight Zone episodes highlighted by “The Monsters Are Due on Maple Street,” which concludes with the chilling line “a thoughtless frightened search for a scapegoat has a fallout all of its own.” As with McCarthy, the reaction to a threat outweighs in damage anything the threat may have ever posed.

    And so in 2018 a journalist thinks someone is sending agents disguised as Uber drivers to spy on him. Another on Twitter says she personally has hard info of Trump’s collusion with Russia and faces death threats. They hate Trump and wake up each morning hoping it is Judgment Day. When it is not, they project themselves into the center of global events hoping they personally can bring on Judgment. You could see this in earlier times in parts of the Sy Hersh story, and now so clearly with once sharp minds like Rachel Maddow (“We haven’t ever had to reckon with the possibility that someone had ascended to the presidency of the United States to serve the interests of another country rather than our own,”) and Lawrence Tribe. They struggle to resolve cognitive dissonance by imagining they will defeat Trump where Clinton failed. These same people 10 years later still mock Trump over the silly birth certificate conspiracy, yet find it perfectly normal to claim he is a Russian agent. Meanwhile, we are kept at DefCon levels with an obvious goofball like Carter Page mediaized into a linchpin while an improbable Russian student is arrested to put a sexy, red-haired face on everything.

    And yet… and yet there is no evidence of treason, of collusion, of the assertion the president of the United States, almost two years in control of America’s nuclear arsenal, is by choice or coercion acting on the orders, desires, and initiatives of Russia. None.

    The IRS and Treasury have had Trump’s tax documents for decades. If Trump has been a Russian asset since 1987, or 2013, he has done it behind the backs of the FBI, CIA, and NSA. Indictments against Russian uniformed military who will never see the inside of an American court are presented as evidence, when in fact they are simply Robert Mueller’s own uncontested assertions to sit alongside those of Anderson Cooper and Chris Matthews. With impeachment itself on the table, Mueller has done little more than issue the equivalent of a series of parking tickets against foreign nationals whom he has no jurisdiction over, that provide no link between Trump and Russia. Intelligence community summaries claim without detail the Russians meddled, but fall far short of accusing Trump of being involved. There is simply the assertion, the belief, that some outside explanation, and we seem to have settled on the Russians, is to blame for Trump.

    So we live in a state of constant tension. Fear is powerful. A sound triggers a memory that sets off involuntary, subconscious processes: the heart rate jumps, muscles twitch, higher brain functions switch to fight-or-flight. Live in this state long enough and you lose the ability to control your reaction to certain stimuli. Fear, hatred and venom are expressed through fevered calls for impeachment for not being sufficiently patriotic and for aiding the enemy. Reality is used to prove fantasy — we don’t know how Trump is helping Putin because they met in private! And anyone who questions this must themselves be at best a useful fool, if not an outright Russia collaborator (Wrote one pundit: “They are accessories, before and after the fact, to the hijacking of a democratic election. So, yes, goddamn them all.”) In the McCarthy era, the term was fellow traveler, anyone, witting or unwitting, who helped the Russians. Dissent is muddled with disloyalty.

    The burden of proof is always on the party making an accusation, yet the standing narrative in America is the Russia story must be assumed at least valid, if not true, until proven false. Joe Mccarthy was allowed to tear America apart for four years under just such standards, until finally public opinion turned against him, aided by a small handful of journalists, lead by Edward R. Murrow, brave enough to ask real questions about his factless assertions and demand answers McCarthy ultimately did not have. There is no Edward R. Murrow in 2018, simply journalists who see themselves serving as oppo researchers and adjuncts to the accusers.

    The process already 200 indictments underway — the Mueller investigation — is in Year Two. America faces a crucial set of midterms in November, and thus the need to know for the American people is established; if anyone has hard evidence, why are they waiting to show it with a Russian asset in the White House? At some point one has to account for why no one has found what they insist is there. They can cry “Just wait for Mueller!” for the same four years it took to shut down McCarthy but at some point we all have to admit no evidence has been found that pigs can fly, and thus conclude they can’t, and the collective purpose of Russiagate has shifted, as with McCarthy, from tamping down hysteria to stoking it.

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    Politics, Justice, and the Surveillance State

    March 12, 2018 // 5 Comments »




    The role pervasive surveillance plays in politics today has been grossly underreported. Set aside what you think about the Trump presidency for a moment and focus instead on the new paradigm for how politics and justice work inside the surveillance state.


    Incidental collectionis the claimed inadvertent or accidental monitoring of Americans’ communications under Section 702 of the FISA Amendments Act. Incidental collection exists alongside court-approved warranted surveillance authorized on a specific individual. But for incidental collection, no probable cause is needed, no warrant is needed, and no court or judge is involved. It just gets vacuumed up.

    While exactly how many Americans have their communications monitored this way is unknown, a significant number Trump staffers (no evidence of incidental surveillance of the Clinton campaign exists) were surveilled by a White House controlled by their opposition party. Election-time claims the Obama administration wasn’t “wiretapping” Trump were disingenuous. They in fact gathered an unprecedented level of inside information. How was it used?

    Incidental collection nailed Michael Flynn; the NSA was ostensibly not surveilling Flynn, just listening in on the Russian ambassador as the two spoke. The intercept formed the basis of Flynn’s firing as national security advisor, his guilty plea for perjury, and very possibly his “game changing” testimony against others.

    Jeff Sessions was similarly incidentally surveilled, as was former White House Chief Strategist Steve Bannon, whose conversations were picked up as part of a FISA warrant issued against Trump associate, Carter Page. Paul Manafort and Richard Gates were also subjects of FISA-warranted surveillance; they were surveilled in 2014, the case was dropped for lack of evidence, then re-surveilled after they joined the Trump team and became more interesting to the state.

    Officials on the National Security Council revealed Trump himself may also have been swept up in surveillance of foreign targets. Devin Nunes, chair of the House Intelligence Committee, claims multiple communications by Trump transition staff were inadvertently picked up. Trump officials were monitored by British GCHQ with the information shared with their NSA partners. Some reports claim after a criminal warrant was denied to look into whether or not Trump Tower servers were communicating with a Russian bank, a FISA warrant was issued.

    How much information on Trump’s political strategy a Democratic White House acquired via surveillance, as well as the full story of what might have been done with that information, will never be known. We do know Director of National Intelligence Dan Coats saw enough after he took office to specify the “intelligence community may not engage in political activity, including dissemination of U.S. person identities to the White House, for the purpose of affecting the political process of the United States.”

    Coats likely had in mind the use of unmasking by the Obama administration. Identities of U.S. persons picked up inadvertently by surveillance are supposed to be masked, hidden from most users of the data. However, a select group of officials, including political appointees in the White House, can unmask and include names if they believe it is important to understanding the intelligence, or to show evidence of a crime.

    Former Obama national security adviser Susan Rice told House investigators in at least one instance she unmasked the identities of Michael Flynn, Jared Kushner, and Steve Bannon. Obama’s ambassador to the United Nations, Samantha Power, also made a number of unmasking requests in her final year in office.

    But no one knows who unmasked Flynn in his conversations with the Russian ambassador. That and subsequent leaking of what was sad were used not only to snare Flynn in a perjury trap, but also to force him out of government. Prior to the leak which took Flynn down, Obama holdover and then-acting attorney general Sally Yates warned Trump Flynn could be blackmailed by Moscow for lying about his calls. When Trump didn’t immediately fire Flynn, the unmasked surveillance was leaked by a “senior government official” (likely Yates) to the Washington Post. The disclosure pressured the administration to dump Flynn.

    Similar leaks were used to try to pressure Attorney General Jeff Sessions to resign, though only resulted in him recusing himself from the Russiagate investigation. Following James Comey’s firing, that recusal ultimately opened the door for the appointment of Special Counsel Mueller.

    A highly classified leak was used to help marginalize Jared Kushner. The Washington Post, based on leaked intercepts, claimed foreign officials’ from four countries spoke of exploiting Kushner’s economic vulnerabilities to push him into acting against the United States. If the story is true, the leakers passed on data revealing sources and methods; those foreign officials now know however they communicated their thoughts about Kushner, the NSA was listening. Access to that level of information and the power to expose it is not a rank and file action. One analyst described the matter as “the Deep State takes out the White House’s Dark Clown Prince.”

    Pervasive surveillance has shown its power perhaps most significantly in creating perjury traps to manufacture indictments to pressure people to testify against others.

    Trump associate George Papadopoulos lied to the FBI about several meetings concerning Clinton’s emails. The FBI knew about the meetings, “propelled in part by intelligence from other friendly governments, including the British and Dutch.” The feds asked him questions solely in hope Papadopoulos would lie, commit perjury, even though there was nothing shown to be criminal in the meetings themselves. Now guilty of a crime, the FBI will use the promise of light punishment to press Papadopoulos into testifying against others.

    There is an element here of using surveillance to create a process crime out of a non-material lie (the FBI already knew) where no underlying crime of turpitude exists (the meetings were legal.) That that is then used to press someone to testify in an investigation that will have significant political impact seems… undemocratic… yet appears to be a primary tool Mueller is using.

    This is a far cry from a traditional plea deal, giving someone a light sentence for actual crimes so that they will testify against others. Mueller should know. He famously allowed Mafia hitman Sammy the Bull to escape more serious punishment for 19 first degree murders in return for testifying against John Gotti. No need to manufacture a perjury trap; the pile of bodies who never saw justice did the trick.

    Don’t be lured into thinking the ends justify the means, that whatever it takes to purge Trump is acceptable. Say what you want about Flynn, Kushner, et al, what matters most is the dark process being used. The arrival of pervasive surveillance as a political weapon is more significant than what happens to a little bug like Jared.




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    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    Christopher Steele’s Other Job: He Ran an Info Op Against the United States (How to Steele an Election)

    February 18, 2018 // 18 Comments »

    Christopher Steele did far more than simply provide an opposition research dossier to the Democratic National Committee, his Job One. As a skilled intelligence officer, Steele ran a full-spectrum information operation against the United States, aided either willingly or unwittingly by the FBI. His second job was the more important one: get his information into the most effective hands to influence the United States in the most significant way.

    To understand how effective Steele has been in his op, we need to understand he had two jobs. The first was to create the dossier. The second job was to disseminate the dossier. Steele had to get the information into the most effective hands to influence the United States in the most significant way.

     

    Job One: Create the Dossier

    Job One was to create the opposition research. “Oppo” is not a neutral gathering of facts, but a search for negative information that can be used against an opponent. The standards — vetting — vary with the intended use. Some info might be published with documents and verification. Some leads discovered might be planted in hopes a journalist will uncover more “on her own,” creating credibility. Some likely near-falsehoods might be handed out to sleazy media in hopes more legit media will cross report — the New York Times might not initially run a story about a sexual dalliance itself, but it will run a story saying “Buzzfeed reports a sexual dalliance involving…”

    Oppo research follows no rules; this is not peer-reviewed stuff that has to pass an ethics board. One goes out with bags of money shouting “Anyone got dirt on our opponent? We’re paying, but only for dirt!” You look for people who didn’t like a deal, people with an axe to grind, the jilted ex-wife, not the happy current one. So to say oppo research might be biased is to miss the point.

    You’re not required to look too far under a rock that hides something naughty — stop when you’ve got what you came for. It all depends how the information will be deployed. The less sure you are about the veracity of the information you acquire the more you need that info to be inherently palatable; it has to feel right to the intended audience. The old political joke is you need to find a live boy in bed, or a dead girl, to really smear an opponent with a sex scandal. So if you’re going to run with info that supports what the public already sort of believes, the standards are lower.

     

    What Does the Dossier Say?

    Turning to Christopher Steele’s dossier, it looks like he read the same espionage textbook as everyone else. So while it would have been a game-changer had Steele found unambiguous evidence of financial transactions between Trump and the Russian government, that would have required real evidence. Steele’s sources claim money changed hands, but never provide him with proof. On dossier (page 20) one source goes as far as to say no documentary evidence exists.

    That means instead of the complex financing scams you might expect out of Trump, the big takeaway from the dossier is the pee tape, sources claiming the Russians have video to blackmail Trump at any moment. The thing reaches almost the level of parody, because not only does the dossier claim Trump likes fetish sex, the fetish sex occurred in the context of an anti-Obama act (Trump supposedly for his pleasure employed prostitutes to urinate on a bed Obama once slept in.) As for other sex parties Trump supposedly participated in, the dossier notes all direct witnesses were “silenced.” You couldn’t do better if you made it all up.

    In fact, the thing reads very much like what lay people imagine spies come up with. In real intelligence work, documents showing transactions from cash to commercial paper to gold run through a Cayman Islands’ bank are much more effective than dirty video; the latter can be denied, and may or may not even matter to a public already bored by boasts of pussy grabbing and rawdog sex with porn stars. The former will show up in court as part of a racketeering and tax evasion charge that dead solid perfect sends people to jail. Intelligence officers who pay out sources maintain meticulous receipts; you think their own agencies trust them with bags of cash? And in the dark world, prostitutes don’t need to be “silenced.” They have no credibility in most people’s’ minds to begin with, and a trail of bodies just attracts attention. And unlike Steele’s product, real intel reporting is full of qualifiers, maybes, liklies and so forth, not a laundry list of certainties, because you know your own sources have an agenda. The dossier is also short of the kind of verifiable details of specific dates and places you’d expect. It is a collection of unverifiable assertions by second-hand sources, not evidence. Steele is a smart man, an experienced intelligence officer, who knew exactly what he was writing — a dossier that will read true to the rubes.

    So it is not surprising to date there has been no public corroboration of anything in the dossier. If significant parts of the dossier could be proven, there would be grounds for impeachment with no further work needed. At least one fact has been disproven –Trump’s lawyer, Michael Cohen, produced his passport to rebut the dossier’s claim that he had secret meetings in Prague with a Russian official.

    Job Two: Run the Info Op, Place the Dossier

    Steele excelled at turning his dossier into a full-spectrum information operation, what some might call information warfare. This is what separates his work creating the dossier (which a decent journalist with friends in Russia could have done) from his work infiltrating the dossier into the highest reaches of American government and political society. For that, you need a real pro, an intelligence officer with decades of experience running just that kind of op. You want foreign interference in the 2016 election? Let’s take a closer look at Christopher Steele.

    Steele’s skill is revealed by the Nunes and Grassley memos, which show he used the same set of information in the dossier to create a collaboration loop, every intelligence officer’s dream — his own planted information used to surreptitiously confirm itself, right up to the point where the target country’s own intelligence service re-purposed it as evidence in the FISA court.

    Steele admits he briefed journalists off-the-record starting in summer and autumn 2016. His most significant hit came when journalist Michael Isikoff broke the story of Trump associate Carter Page’s alleged connections to Russia. Isikoff did not cite the dossier or Steele as sources, and in fact denied they were when questioned.

    Isikoff’s story didn’t just push negative information about Trump into the public consciousness. It claimed U.S. intel officials were probing ties between a Trump adviser and the Kremlin, adding credibility; the feds themselves felt the info was worthwhile! Better yet for Steele, Isikoff claimed the information came from a “well-placed Western intelligence source,” suggesting it originated from a third-party and was picked up by Western spies instead of being written by one. Steele also placed articles in the New York Times, Washington Post, New Yorker, Mother Jones, and others.

    At the same time, Steele’s info reached influential people like John McCain, who could then pick up a newspaper and believe he was seeing the “secret” info from Steele confirmed independently by an experienced journalist. And how did McCain first learn about Steele’s work? At a conference in Canada, via Andrew Wood, former British Ambassador in Moscow. Where was Wood working at the time? Orbis, Christopher Steele’s research firm.

    A copy of the dossier even found its way to the State Department, an organization which normally should have been far removed from U.S. election politics. A contact within State passed information from Clinton associates Sidney Blumenthal and Cody Shearer (both men played also active roles behind in the scenes feeding Clinton dubious information on Libya) to and from Steele. The Grassley memo suggests there is was a second Steele document, in addition to the dossier, already shared with State and the FBI but not made public.

    The Gold Medal: Become the Source of Someone Else’s Investigation

    While seeding his dossier in the media and around Washington, Steele was also meeting in secret with the FBI (he claims he did not inform Fusion GPS, his employer), via an FBI counterintelligence handler in Rome. Steele began feeding the FBI in July 2016 with updates into the fall, apparently in the odd guise of simply a deeply concerned, loyal British subject. “This is something of huge significance, way above party politics,” Steele commented as to his motives.

    The FBI, in the process of working Steele, would have likely characterized him as a “source,” technically a “extra-territorial confidential human source.” That meant the dossier’s claims appeared to come from the ex-MI6 officer with the good reputation, not second-hand from who knows who in Russia (the FBI emphasized Steele’s reputation when presenting the dossier to the FISC.) Think of it as a kind of money laundering which, like that process, helped muddy the real source of the goods.

    The FBI used the Steele dossier to apply for a FISA court surveillance warrant against Carter Page. The FBI also submitted Isikoff’s story as collaborating evidence, without explaining the article and the dossier were effectively one in the same. In intelligence work, this is known as cross-contamination, an amateur error. The FBI however, according to the Nunes memo, did not tell the FISA court the Steele dossier was funded by the Democratic National Committee as commissioned opposition research, nor did they tell the court the Isikoff article presented as collaborating evidence was in fact based on the same dossier.

    Steele reached an agreement with the FBI a few weeks before the election for the bureau to pay him $50,000 to continue his “research,” though the deal is believed to have fallen through after the dossier became public (though an intelligence community source tells The American Conservative Steele did in fact operate as a fully paid FBI asset.) Along the way the FBI also informed Steele of their separate investigation into Trump staffer George Papadopoulos, a violation of security and a possible tainting of Steele’s research going forward.

    Gold Medal Plus: Collaborate Your Own Information

    The Nunes memo also showed then-associate deputy attorney general Bruce Ohr back-channeled additional material from Steele into the DOJ while working with Deputy Attorney General Sally Yates and her replacement, Rod Rosenstein. Ohr’s wife Nellie worked for Fusion GPS, the firm that commissioned the dossier, on Steele’s project. Ohr’s wife would be especially valuable in that she would be able to clandestinely supply info to collaborate what Steele told the FBI and, via her husband, know to tailor what she passed to the questions DOJ had. The FBI did not disclose the role of Ohr’s wife, who speaks Russian and has previously done contract work for the CIA, to the FISA court.

    Ohr’s wife only began work for Fusion GPS in September/October 2016, as the FBI sought the warrant against Page based on the Steele dossier. Ohr’s wife taking a new job with Fusion GPS at that critical juncture screams of the efforts of an experienced intelligence officer looking to create yet another pipeline inside, essentially his own asset.

    Steele’s Success, With a Little Help From His Friends

    All talk of Russia aside, it is difficult to find evidence of a foreigner who played a more significant role in the election than Christopher Steele. Steele took a dossier paid for by one party and drove it deep into the United States. Steele’s work formed in part the justification for a FISA warrant to spy on a Trump associate, the end game of which has not yet been written.

    Steele maneuvered himself from paid opposition researcher to clandestine source for the FBI. Steele then may have planted the spouse of a senior DOJ employee as a second clandestine source to move more information into DOJ. In the intelligence world, that is as good as it gets; via two seemingly independent channels you are controlling the opponent’s information cycle.

    Steele further manipulated the American media to have his information amplified and given credibility. By working simultaneously as both an anonymous and a cited source, he got his same info out as if it was coming from multiple places.

    There is informed speculation Steele was more than a source for the FBI, and actually may have been tasked and paid to search for specific information, essentially working as a double agent for the FBI and the DNC. Others have raised questions about Steele’s status as “retired” from British intelligence, as the lines among working for MI6, working at MI6, and working with MI6 are often times largely a matter of semantics. Unless Steele wanted to burn all of his contacts within British intelligence, it is highly unlikely he would insert himself into an American presidential campaign without at least informing his old workmates, if not seeking tacit permission (for the record, Steele’s old boss at MI6 calls the dossier credible; an intelligence community source tells The American Conservative Steele shared all of his information with MI6.) It is unclear if the abrupt January 2017 resignation of Robert Hannigan, the head of Britain’s NSA-like Government Communications Headquarters, is related in any way to Steele’s work becoming public.

    As for the performance of the DOJ/FBI, we do not have enough information to judge whether they were incompetent, or simply willing partners to what Steele was up to, using him as a handy pretext to open legal surveillance on someone inside the Trump circle (surveillance on Page may have also monitored Steve Bannon.)

     

    How to Steele an Election

    The Washington Post characterized Steele as “struggling to navigate dual obligations — to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.” The Washington Post has no idea how intelligence officers work. Their job is to befriend and engage the target to carry out the goals of their employer. When they do it right, the public summation is a line like the Post offered; you never even knew you were being used. In the macho world of intelligence, the process is actually described more crudely, having to do with using enough lubrication so the target didn’t even feel a rough thing pushed up a very sensitive place.

    Steele played the FBI while the FBI thought they were playing him. Or the other way around, because everyone was looking the other way. Steele ran a classic info op against the United States, getting himself inside the cycle as a clean source. Robert Mueller should be ashamed of himself if he uses any of Steele’s dossier, or any information obtained via that dossier. That’s where our democracy stands at the moment.

     

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    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    Oh Hell Yes the Nunes Memo Matters (But Not Why You Think It Does)

    February 10, 2018 // 7 Comments »

    California Congressman Devin Nunes’ memo details how the Department of Justice secured a FISA warrant to surveil former Trump campaign adviser Carter Page. Many feel the memo raises questions about bias inside the FBI, and the legal and ethical use of a Trump opposition research dossier as justification for a FISA warrant. Others claim the memo is irrelevant, a dud.

     

    When you wave away all the partisan smoke, what is deeply worrisome is the Nunes memo confirms American intelligence services were involved in a presidential campaign and remain so in the aftermath. No more conspiracy theories. So forget what you “agree” with, and focus on what happened during the 2016 campaign.

    The FBI conducted an investigation, the first ever of a major party candidate in the midst of a presidential battle, and exonerated Hillary Clinton of wrongdoing over her private email server, a government-endorsed “OK” for her expected victory. No real investigation was conducted into the vast sums of money moving between foreign states and the Clinton Foundation, dead-ending those concerns to partisan media.

    A month before voting the Obama administration accused the Russian government of stealing emails from the Democratic National Committee. The director of national intelligence, James Clapper, said the leaked emails (which reflected poorly on Clinton) “are intended to interfere with the U.S. election process.” The FBI swung again and said well maybe there was something to see in Clinton’s emails, buried on Anthony Weiner’s laptop. The CIA/NSA meanwhile leaked like cheap diapers throughout the campaign. Trump owes money to Russia. Trump’s computers communicate with Russia. The Russians have sexy kompromat on Trump. That the newly-elected president is literally a tool of Russian intelligence became a common element in the national conversation (John McCain on the Nunes memo release: “We are doing Putin’s job for him.”)

    Leave aside the question of what in all of the above is actually true. Maybe Clinton’s private email server exposed no secrets. Maybe Trump’s real estate ventures have dirty Russian money in them. Or maybe not, it is doubtful any of us will ever know. What is important is each of those actions by the intelligence community affected the course of the election. They may not have always shifted votes in the intended way, or there theoretically may have been no intention per se, but the bare naked fact is unlike any previous presidential election the intelligence community played an ongoing public role in who ended up in the White House, and now, for how long the elected president remains there.

     

    And of course the intelligence community was deep in the Steele dossier, the focal point of the Nunes memo. Christopher Steele is a former British intelligence officer with a long history of close work with his American counterparts. He was commissioned first by a conservative website to develop dirt (“opposition research”) on candidate Trump. Funding swiftly shifted to Clinton surrogates, who saw the thing through to being leaked to the FBI. Steele’s product, the dossier, is a collection of second-hand gossip, dangling suggestions of entanglements between Trump and shadowy Russians, and of course, the infamous pee tape. Nothing in the dossier has been confirmed. It might all be true, or none of it. We will likely never know.

    The FBI nonetheless embraced the dossier and morphed it from opposition research into evidence. Per the Nunes memo, the Steele dossier, and a “collaborating” article actually derived from the same information leaked by Steele to the author, then became part the legal justification for a FISA surveillance warrant issued against Trump associate Carter Page. A product of unclear reliability created and promoted via the opponent’s campaign abetted by the western intelligence community justified the demand to spy on Trump campaign associate Carter Page.

    Much will be made of how influential, or not, the Steele dossier was in obtaining the original FISA warrant, and whether or not its use was legal at all. The Nunes memo states recently “retired” FBI No. 2 Andrew McCabe confirmed no FISA warrant would have been sought without the Steele dossier; McCabe denies saying that during still-classified and still-unreleased testimony. Senior DOJ officials knew the dossier’s politics but left that information off their FISA application. Does any of that matter?

    We will never know. The Foreign Intelligence and Surveillance Act court works in secret. The standards are secret, the results and decisions are secret. None of us knows what matters to a FISA judge in rendering a decision to spy on an American campaign associate. Someone can release the so-called “underlying documents” (they’re typically dozens of pages long) DOJ used for the FISA application but without knowledge of FISA standards, those documents won’t be of much help. The apparatus of spying in America, including the FISA court, is widely supported and authority to spy was just extended with support from both parties.

    If you want to assert the FISA warrant on Page was apolitical, issued only to collect on his possible role as a Russian agent, and no strategy, financial, or campaign information was collected, or that if it was it was simply discarded, well, that’s a beneficent view of human nature, never mind a bizarrely generous level of trust in government. Yet even if the intent was righteous and the people involved lawful, the information is stored. Which person or agency has control of it today is not necessarily who will control it in the future; information is forever.

     

    Remember, too, the Nunes memo addresses only one FISA warrant on one person from October 2016; investigations into Trump, et al, had been ongoing well before that. We do not know, for example, what information formed the basis of the July 2016 investigation into Trump staffer George Papadopoulos the Nunes memo mentions; it may have been passed from the Australians via U.S. intelligence. Michael Flynn’s conversations with Russian persons were “inadvertently” monitored and later “unmasked” (and leaked) by Obama administration officials. Jeff Session’s conversations with the Russian ambassador were collected and leaked. The Nunes memo tells us then-Associate Deputy Attorney General Bruce Ohr unofficially funneled additional material from Steele into DOJ; Ohr’s wife worked for the company that first commissioned the dossier. As yet unsubstantiated reports say Trump officials were monitored by British GCHQ with the information shared with their NSA partners, a common arrangement on both sides to get around domestic laws limiting such work on one’s own citizens, such as when a FISA warrant can’t be obtained, or one does not want to leave a paper trail.

     

    If you’re fine with the U.S. government using paid-for opposition research to justify spying on persons connected to presidential campaign staff, then nothing further I can write will help you understand how worrisome this disclosure is. Except maybe this. Switch the candidate’s name you hate with the one you like. That means President Trump surveilling staff from the Elizabeth Warren or Bernie Sanders 2020 campaign after a dossier commissioned by the Republican party links them to China. You’d trust Trump, and every future president, with that, right?

    The involvement of the intelligence community as in the 2016 presidential campaign, clumsy and disorganized as it appears to have been, will be part of the next election, and the ones after that. If you’re in search of a Constitutional crisis, it lies waiting there. After all, when we let George W. Bush create, and Barack Obama greatly expand, the surveillance state, what did we think it would come to be used for?

     

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