EXCLUSIVE: A Russian spy unit secretly offered bounties to militants in Afghanistan for killing American troops, U.S. intelligence officials found. Trump and White House have known for months, but not authorized any response.
w/
@EricSchmittNYT
@mschwirtz
EXCLUSIVE: Data intercepts showed GRU-to-Taliban $ transfers & a key intermediary fled to Russia, bolstering earlier detainee accounts about a Russian bounty op. Trump WH omitted in its briefing to GOP lawmakers as it downplayed intel as murky/contested.
Waste no brain cells on this. Antifa is a vaguely defined movement of people who like direct-action protest tactics, not an actual organization. Even if it were a real group, the law that lets the government deem entities as terrorists only applies to foreign orgs.
My teenaged son told me that no one under the age of 25, regardless of political viewpoint, now uses the term “woke” unless they are being ironic. Apparently it has already migrated to the stale-slang category that signals you are old and out of touch. Youngs: Is this correct?
This WP story about how Bill Barr confidently, even pugnaciously, told CNN viewers about a massive mail-in ballots fraud incident in Texas that never happened, is a reminder of some other things like that. /1
BREAKING: Undercutting WH claims that Trump was never briefed on suspected Russian bounty operation & info was not solid enough to tell him about, it was in his written briefing (PDB) 4 months ago - likely Feb 27 - & was circulated broadly in IC on May 4.
The NYT has obtained some of the secret "committee confidential" Kavanaugh emails Republicans have kept secret, including one in which he challenges a description of Roe v Wade as the "settled law of the land."
The House report on IRS not auditing Trump left unanswered whether the “mandatory” presidential audit program was generally broken or Trump got special treatment. Turns out Obama got audited all 8 years & Biden’s already been audited twice. W/
@arappeport
Barr's use of fragmentary quotes from the Mueller report to bolster his narrative-shaping letter to Congress last month was misleading, omitting words & context to make them look better for Trump. Here is each passage in his letter alongside the original.
BREAKING: DOJ has released the full memo to then Attorney General Bill Barr analyzing why Trump should not be charged with obstruction-of-justice based on the Mueller report. DOJ had fought but lost a
@CREWcrew
FOIA lawsuit seeking this disclosure.
BREAKING: Two current DOJ career prosecutors - including Aaron Zelinsky of the Mueller team, 1 of the 4 who quit the Roger Stone case - have agreed to testify under subpoena next week before the Judiciary Committee re DOJ politicization. w/
@Schwartzesque
People are talking about whether, if McConnell resigns, Beshear would try to fill the vacancy with a Dem, despite a KY law saying he'd have to pick from 3 Republicans. What if he just doesn't appoint anyone, like McConnell kept the vacant SCt seat open?
Promised confidentiality by the FBI, a Russia expert who had collected Trump-Russia chatter for the Steele dossier agreed to cooperate with agents vetting it. Barr directed the FBI to declassify a road map to identifying him. w/
@adamgoldmanNYT
Twist on catch-and-kill: DOJ telling ODNI "don't show whistleblower complaint to Congress; instead refer it to DOJ bc it alleges campaign-finance crime" & then swiftly closing case, echoes National Enquirer purchasing-but-then-not-publishing stories re Trump extramarital affairs
NEW: William Barr wrote in June 2018 that abuse of power is an impeachable offense, contradicting what the Trump impeachment defense team is now arguing.
One American official told The Times that the intelligence finding that Russians had paid bounties for killing US soldiers had been briefed at the highest levels of the White House. Another said it was included in the President’s Daily Brief document.
The House is legally engaged in an impeachment inquiry, a federal judge ruled on Friday. Ruling means HJC can see secret grand jury evidence from Mueller investigation -- and rejects arguments by President Trump and Republicans that the inquiry is a sham.
DOJ inspector general Michael Horowitz issued a statement of support for MIchael Atkinson, the intelligence community inspector general Trump fired late last night:
Under US surveillance rules, unmasking an American's identity in a report derived from foreign-intelligence surveillance is routine when necessary to understand (e.g., who was the Russian ambassador talking to?). The NSA did so 10,000 times last year, nearly 17,000 times in 2018.
Has anyone written a good explanation for why people are willing to pay billions of dollars for part ownership of Truth Social? For all the articles I've read about the deal & lawsuits etc, I'm still confused about why its valuation makes any sense and would like to understand.
The Barr DOJ will never charge a stonewalling Trump official with criminal contempt of Congress. But if the House gets a court order to enforce its subpoenas, the court can appoint its own independent prosecutor to charge criminal contempt of court.
Special Counsel Jack Smith asks Judge Cannon to delay upcoming MAL docs litigation deadlines by a week bc the case will disappear on Dec 8 if the 11th Circuit ruling isn't stayed, making it all moot. Trump legal team has been radio silent since yesterday.
SCOOP: Barr installed a team of outside prosecutors, including from St. Louis, to go into the office of the US attorney for DC & review the work of line attorneys handling political sensitive cases -- including vs Michael Flynn
@adamgoldmanNYT
@mattapuzzo
And of course there was his description to the public of the then-still secret Mueller investigation report, which a federal judge said was so “distorted” and “misleading” that the judiciary could not trust his DOJ to be candid on that topic. /6
The former president failed to derail the criminal investigation into his hoarding of sensitive documents and is stuck paying for a costly process that threatens to undermine his public claims.
Like that time in June when he told the public that the U.S. attorney for the Southern District of New York, Geoffrey Berman, had resigned, which was false. /3
The top lawyer at the National Security Agency during Trump's presidency says Trump's latest defense - claiming he had a standing order declassifying the info in whatever docs he happened to take from the Oval Office to the residence - is "preposterous."
This is rank speculation, but when DOJ announces a press conference for a particular time and then is late getting going, it can mean they want something to be unsealed before they talk about it and it is taking longer than they anticipated for the court to do it.
Like that time in April when he told Fox News that an inspector general Trump had fired, Michael Atkinson, tried to send the Ukraine whistleblower complaint to Congress without exec branch review and ignored DOJ, which was false. /4
In ruling for
@CREWcrew
in a FOIA case seeking an OLC memo related to whether Trump could be indicted for obstructing the Mueller investigation, Judge Amy Berman Jackson says the (Trump) DOJ lied to her by saying it was predecisional when the decision had already been made. /1
EXCLUSIVE: Biden secretly signed an order in early May authorizing the military to redeploy 100s of Special Forces into Somalia & to target about a dozen Al Shabab leaders. Reverses Trump's last-minute decision to withdraw from Somalia. w/
@EricSchmittNYT
That same time in April he also told Fox News that the FBI had opened its 2016 investigation into whether Trump campaign officials were coordinating with Russia’s election interference “without any basis,” which was false. /5
Michael Dreeben, formerly of the Mueller special counsel's office, has joined the legal team helping the Manhattan district attorney, Cy Vance, fight in the Supreme Court over subpoena for Trump's taxes and related financial records, new filing shows.
In MAL docs special master litigation, Team Trump is filing complaints under seal for some reason, but DOJ is discussing it not under seal, so we can largely infer what Trump is upset about. 1/
4/ The Mueller report strongly suggested that the Mueller team thought Trump dangling a pardon at Manafort to induce him not to cooperate with their investigation met the necessary elements of obstruction.
Bottom line: Rod Rosenstein today is resending a clear signal that if Trump decides to fire Mueller based on anything that has happened so far, Trump would have to 1st fire Rosenstein & go hunting down the DOJ hierarchy for someone willing to do it, Saturday Night Massacre style.
Scoop: Despite Trump’s assurance that the US was taking the most dangerous ISIS detainees out of Syria amid mounting chaos, it only got the two “Beatles.” The Kurds didn’t let the US extract the five dozen other high value detainees—and now it’s too late.
Trump's wall "emergency" lets him save face but will keep lawyers busier than builders. History will record it as one of his most extraordinary violations of constitutional norms, setting a precedent for future presidents who want try to bypass Congress.
Reports that a Russian intelligence unit paid Taliban fighters to kill coalition troops in Afghanistan are true, British security officials have confirmed to Sky News. The news, first published on Friday evening by NYT, is "on the nose" according to source briefed on the matter.
It is amazing Meadows said this just six weeks ago - he had to know that what he was telling the public was literally impossible, and he just said it anyway.
Chief of Staff Mark Meadows says WH aiming to have 100 million doses of Coronavirus vaccine ready to go by end of October. Says goal is to make the the most vulnerable and highest risk people are vaccinated in that first group. Says up to 300 million doses would be ready in Jan.
In my civil procedure class at law school, we were told that the threat of Rule 11 sanctions keeps attorneys from signing their names to bad-faith legal filings.
Trump is so mad about the optics -- people may not understand it was the FBI that spread out the files from Box 2A to take a standard evidence photo -- that he's ignoring the legal implications of coming very close to acknowledging that he knew he had them in his office.
Trump has moved off suggesting things were planted and now says documents were “in cartons” at his house/club…which he says even though his lawyer signed a document asserting all material was in the storage area and went back, per DOJ
Trump's director of national intelligence, John Ratcliffe, has ordered ODNI coms staff to freeze out NYT reporters as punishment for a NYT Magazine article by
@DraperRobert
on the politicization of intelligence re Russian interference in the 2020 election.
People are focusing on the Espionage Act, but another law cited in the warrant is intriguing: 18 USC §1519. It's about document crimes that are part of obstructing an investigation or some other federal matter. So what is the thing that DOJ thinks Trump was trying to impede?
Garland Formally Bars Justice Dept. From Seizing Reporters’ Records - codifies and expands a policy he issued in 2021, after it came to light that the Trump admin had secretly gone after records of reporters for NYT, WP & CNN.
8. Bottom line: If POTUS called on a foreign nation to investigate Biden, it was inappropriate. But so too was Obama asking Putin to help his re-election so he could have more flexibility after the election
NEW: The IG report has primarily been interpreted through a Trump lens. But if we shelve politics for a moment and focus on surveillance policy & civil liberties issues, what it revealed about the FBI's national-security wiretapping powers is devastating.
"Just basic memory functions and also just the level of norepinephrine and the epinephrine in the brain that as you know encodes that neurotransmitter that codes memories into the hypocampus & so the trauma-related experience is locked there whereas other details kind of drift."
/3 An overarching premise is that Mueller did not find evidence sufficient to charge Trump with conspiring with Russia, so there was no underlying crime. (It does not raise the possibility that Mueller failed to get that evidence because his investigation was obstructed.)
Judge Sullivan appoints a former mafia prosecutor and retired EDNY district court judge as amicus to argue against Barr DOJ motion to drop the Flynn case and work through whether Flynn committed perjury.
Late on a Friday night in the midst of the Covid-19 crisis, Trump has fired Michael Atkinson, the intelligence community inspector general who insisted on telling lawmakers about the Ukraine scandal whistleblower complaints. w/
@maggieNYT
@npfandos
Trump's lawyers apparently still haven't figured out how to correctly file to appear in his case. The clerk says their second attempt was also deficient.
Breaking: Three prominent legal analysts ask judge to unseal a long-secret Watergate grand jury report to Congress, saying it offers a model for what Mueller can do if and when he complete his collusion/obstruction investigation.
Rod Rosenstein says if ordered to fire Mueller, "I would follow the reg. If there were good cause, I would act. If there were no good cause, I would not." As of today, he says, he still has seen no good cause to fire Mueller.
A case study in how Attorney General Bill Barr's repeated I'm-not-saying-this-terrible-thing-actually-happened-just-asking-questions insinuations fuel the disinformation machine attacking law enforcement for trying to understand Russia's help to Trump.
2/ Vol II of the Mueller report detailed numerous episode raising potential obstruction of justice concerns. Barr purported to clear Trump of all of them, but never publicly discussed many of them. Here are some of the most important ones from the report:
We knew Whitaker was a critic of Russia inquiry but turns out to be more: in July 2017 he interviewed with WH Counsel McGahn to be admin's chief defender against it. Trump gave job to Ty Cobb instead, but has now installed Whitaker as Mueller's supervisor.
Trump, whose admin stopped an inspector general from telling Congress about Ukraine whistleblower complaint, says he can override the new law requiring IG for the $500 billion virus corporate relief fund from disclosing if Mnuchin blocks info about the $$$
BREAKING: Appeals court (2 Trump appointees and 1 Obama appointee) grants DOJ request to block part of Cannon's order, restores investigators access to docs marked as classified and excludes them from special master review. w/
@alanfeuer
@GlennThrush
5/ The Barr memo -- which reads like a defense lawyer's brief -- never mentions pardon dangling and characterizes Trump as merely praising or condemning witnesses based on whether they cooperated with investigators.
Hey
@seanspicer
1) Everyone discussed in IG reports gets shown drafts so they can provide feedback. Astute process observation.
2) Remember when you stood at the White House podium and blatantly lied to the public about my story on the draft detention executive order? Good times.
Interesting process point: within minutes of
@TheJusticeDept
#IGReport
@Comey
has lengthy defensive oped in
@nytimes
1) clearly he knew he was going to be found at fault 2) NYT expedited publishing it to provide him a platform which no conservative would ever get
Barr on journalists: "They don't care that they're not telling the truth, because they don't believe truth is a meaningful concept. It's about the pursuit of power. I'd be more tolerant of it if they were informed people, but they're not."
Ahem:
This WP story about how Bill Barr confidently, even pugnaciously, told CNN viewers about a massive mail-in ballots fraud incident in Texas that never happened, is a reminder of some other things like that. /1
EXCLUSIVE: DOJ a year ago quashed its civil-rights investigation into the police killing of Tamir Rice by blocking career prosecutors from using a grand jury -- but has kept it technically open & never told the family it will bring no charges. w/
@ktbenner
50 years ago next month, the NYT began publishing the Pentagon Papers, a seminal moment in the history of the Vietnam War and in leaks of Top Secret information. Its source, Daniel Ellsberg, has made another unauthorized disclosure. /1
Based on a garbled moment, Hur claimed Biden forgot that the US ambassador to Afghanistan was an ally who shared his opposition to the surge. Hur omitted that a few minutes later, Biden brought up the ambassador again in a way that made clear he knew that.
In June, weeks after Trump fired the State Dept's inspector general Steve Linick (at Pompeo's request) during the IG purge, the Trump admin accused Linick of misconduct. The IG Council investigated & on 12/29 found that accusation false/concocted, per this
Biden has quietly ordered the US government to share evidence with the International Criminal Court in The Hague, a major policy shift that followed months of an internal impasse prompted by Pentagon resistance to the step.
Withering words, but in the real world, their "emergency" declarations were about invoking statutes to sanction various bad actors on the intl stage; none were about reprograming funds to finance a disputed policy goal Congress had declined to fund.
The special counsel implicitly acknowledged that White House internet data he discussed, which conservative outlets have portrayed as proof of spying on the Trump White House, came from the Obama era.
New: Talk of the Espionage Act and classified information has dominated the discussion of Trump's hoarding of government documents at Mar-a-Lago. But the crime of obstruction may pose as much or greater legal peril for the former president or his aides.
Since Trump is twitterin' this morning about the Carter Page FISA materials the NYT and others obtained yesterday via FOIA litigation, here are some takeaway observations about the documents /1
“What’s the expression — ‘Where’s the beef?’ I need some beef,” Judge Raymond Dearie, the special master, in a conference call telling Trump's legal team to back up its privilege claims in the Mar-a-Lago documents case.
w/my colleague
@alanfeuer
She links DOJ misleading her about the memo to how Barr was disingenuous the public about the Mueller report, as Judge Reggie Walton has previous explained in depth.
Trump claims he had declassified all the documents marked as classified that the FBI seized at Mar-a-Lago. Even if that’s true, it probably doesn’t matter.
In service of his schtick,
@ggreenwald
is again putting forward a series of bad-faith misrepresentations re the CIA Russian bounty assessment and the NYT reporting on it. I’m going to dissect various ways he is demonstrably gaslighting, after which I'll ignore him. /1
STORY UPDATED: Judge Jackson ruled expansively, saying that former national-security aides (like John Bolton, although she did not name him) are equally required to appear if subpoenaed.
Now updated with some additional campaign finance stuff, a links to the emails. Also affirmative action, Pickering nomination, and advice to a judicial nominee not to talk about specific legal issues when meeting with Democratic senators.
New: The military arm of the intelligence community has searched for information about Americans' movements without a warrant in a commercially available database of smartphone app locational data, per DIA memo for
@RonWyden
.
So sad that the Department of “Justice” and the FBI are slow walking, or even not giving, the unredacted documents requested by Congress. An embarrassment to our country!
New: The chief clerk of court in South Florida tells me the assignment of the Trump case to Judge Cannon was random, but certain factors increased the odds she'd get it. Also confirms that Cannon has the case for the duration absent any recusal.
In apparent victory for special counsel Jack Smith, the DC Circuit has rejected what appears to be the appeal of Judge Howell's order that Trump lawyer Evan Corcoran produce notes of his discussions with Trump re MAL docs.
Judge Aileen Cannon seems skeptical about Trump's lawsuit over the search of Mar-a-Lago, including what exactly he is trying to do and why he filed a separate case instead of just asking Judge Bruce Reinhart to address his grievances in the existing matter.