Category: Russia Investigation

Why the Paul Manafort Deal Matters

Perhaps the biggest and longest simmering development in the Robert Mueller investigation was Paul Manafort’s decision to plead guilty and cooperate with prosecutors, after seemingly fighting the charges tooth and nail for months. President Trump points out that Manafort only worked for his presidential campaign for a few months, but those few months were a key stretch of the campaign during which Trump secured the Republican nomination and fought off a potential contested convention in Cleveland.

Keeping in mind that Mueller’s investigation is a leak-proof black box to everyone on the outside, it can be This development can go in all sorts of different directions, some of which don’t involve Donald Trump or his campaign.

I. The Trump Tower Meeting

Paul Manafort was one of three Trump campaign officials (along with Don Jr. and Jared Kushner) who met with Natalia Veselnitskaya and her entourage of Russians at Trump Tower on June 9, 2016.

Manafort’s deal means that Mueller now has a cooperating witness who was in the room. It was already known that Manafort took notes on his iPhone during the meeting, but now he can elaborate as to their meaning and how the conversation went. One of the central outstanding questions in this episode that Manafort would presumably be able to answer is what advance knowledge – if any – did then-candidate Donald Trump have about this meeting, and who told him about it? Did anyone else in the campaign have knowledge about this?

Jared Kushner was already interviewed by Mueller’s team and congressional investigators.  Don Jr. was interviewed by congressional investigators, but not by Mueller’s team.

If anyone misled or lied to the FBI or congressional investigators about the Trump Tower meeting, Manafort’s testimony would probably be key evidence in potential perjury or obstruction of justice charges. (Keep in mind that the Senate Judiciary Committee has already released its transcript and written statements of Trump and Kushner’s testimony, so there is already a public record of what they’ve written or said under oath) If Mueller indicts Kushner or Don Jr, that would significantly raise the stakes legally and politically.

II. Manafort’s Work for Pro-Putin Political Parties and Politicians

Beyond anyone in the upper echelons of the Trump campaign, Paul Manafort as a witness is probably most valuable to Robert Mueller for potentially implicating Russian oligarchs or politicians. Given his longstanding ties and contacts throughout the region, if any of them were involved in the Russian attacks on the American election, and if any of them were coordinating or in communication with the Trump campaign, the odds are it would have been done with Manafort as the point of contact.

III. Changes to the RNC Platform

Beyond the Trump Tower meeting, perhaps no event during the campaign itself has generated more questions than the change to the Republican Party platform to soften its language on assistance to Ukraine. Manafort was still campaign chairman at the time, so if there was anything devious behind this, he theoretically would have been in a position to know.

IV. Obstruction of Justice by President Trump

The New York Times reported last March that President Trump’s then-attorney John Dowd floated the idea of presidential pardons with attorneys representing Michael Flynn and Paul Manafort. If Manafort can testify or prove that these pardons were being dangled in implicit or explicit exchange for his silence during Mueller’s investigation, this would probably be a significant piece of evidence for obstruction of justice by the president and his attorney. It’s also worth noting that Mueller and his team have apparently taken steps to pardon-proof their deal with Manafort.

V. Details of His Lobbying Schemes

Mueller has already outsourced this part of his investigation to the Southern District of New York, and all evidence would indicate they are taking it very seriously.  Among the major names to get sucked into this angle of the story: Democratic superlobbyist Tony Podesta, former Republican Rep. Vin Weber, and former Obama White House Counsel Greg Craig. Manafort and his deputy Rick Gates hired all of them between 2012 and 2014 in some capacity or another in an effort to bolster the image of the then-pro-Russian government of Ukraine. If SDNY needs Manafort or Gates’s testimony to build their criminal cases against Podesta, Weber or Craig, they will have to give it. (Remember, Gates had already cut his own deal with Mueller months ago and was the prosecution’s star witness in Paul Manafort’s criminal trial in Virginia)

VI. Manafort’s Business Partnership with Roger Stone

Once upon a time, Paul Manafort and Roger Stone were business partners at Black, Manafort, Stone and Kelly Public Affairs Co., a political consulting firm that worked on Ronald Reagan’s 1980 presidential campaign and went on to lobby on behalf of countries and organizations with sketchy human rights records – Nigeria, Kenya, the Philippines, and the Angolan rebel group UNITA, according to a 1992 report by the Center for Public Integrity, for which they received $3.3 million. The firm ranked fourth on the Center’s list of lobbying firms that received the most money from what it calls “The Torturers’ Lobby” for the 1991-1992 period.  Manafort was responsible for overseeing the firm’s foreign clients. Stone would go on to become a political adviser in Donald Trump’s orbit, and Manafort would eventually be hired as Trump’s 2016 campaign chairman to hold off a potential contested nominating convention.  Mueller is widely believed to be circling Roger Stone, who has openly said he expects to be indicted.  If Mueller needs potential evidence or back story on Stone going as far back as the 1980s, Manafort would have to provide it.

Keep an eye on Mueller’s court filings as his team continues to build its respective case(s), especially after the midterm elections.

Russian Military Intelligence Officials Indicted for 2016 Election Hacks

A federal grand jury indicted a dozen members of Russia’s Main Intelligence Directorate of the General Staff – the military intelligence agency more colloquially known as the GRU – on eleven counts in connection with the hacking and publication of Democratic Party and campaign organization emails during the 2016 election. Just Security has a good recap of the six major takeaways from today’s indictment, which is well worth reading. I would also recommend listening to the newest episode of the Lawfare Podcast which focuses entirely on various aspects of the indictment.

This is the latest in a series of indictments produced by Special Counsel Robert Mueller’s office in the 17 months or so since he was appointed to the post.  This makes a total of 191 charges against 35 defendants, according to CNN’s Marshall Cohen. Previous indictments focused on Paul Manafort’s shady foreign business dealings, as well as guilty pleas from members of the Trump campaign’s inner circle, and an indictment of Russian individuals and agencies who were behind the social media effort during the election.

Journalists and observers who have been following the special counsel’s work had expected charges in connection with the hacks.  Why is this one so important? This indictment goes to the heart of the crimes that were committed during the 2016 election.  Remember, the chairwoman of the Democratic National Committee and several senior staffers lost their jobs because of these emails.  Subsequent batches of hacked emails from Clinton campaign chairman John Podesta’s account upended the final month of the presidential race. This operation had an impact in real time, and is at the heart of the collusion accusations.

The timing for the announcement was probably not a coincidence.  Deputy Attorney General Rod Rosenstein was holding a press conference announcing the indictment at the same time that President Donald Trump and his wife were meeting with Queen Elizabeth II and Prince Philip, just days before a scheduled summit in Helsinki with Russian President Vladimir Putin. An anonymous White House official told Politico, “It’s a big FU from Mueller.”

The emerging Democratic position in the wake of the indictment was to call for the President to cancel his meeting with Putin next week. Some Democrats have even gone so far as saying that President Trump should demand the extradition of the indicted Russians, and in the likely event that Putin declines, to use that as an excuse to cancel the summit.

There are a few things still missing or outstanding from the latest indictment, which could turn up later in a superseding indictment or a separate indictment altogether. First, as Lawfare points out, is the thorny issue of what – if any – First Amendment protections WikiLeaks might have as a publisher when considering charges against the organization and its leader Julian Assange. This current indictment did not even address that question, but did make a few passing references to WikiLeaks as “Organization 1” as a recipient of hacked materials from Guccifer 2.0 – an online alter ego for the GRU, according to the indictment.

Assange insists WikiLeaks is a journalistic enterprise, but its actions in this episode suggest otherwise.  According to the indictment, WikiLeaks sent a private message to Guccifer 2.0 on June 22, 2016 reading, “Send any new material [stolen from the DNC] here for us to review and it will have a much higher impact than what you are doing.” A subsequent message from WikiLeaks reads, “we think trump has only a 25% chance of winning against  hillary. . . so conflict between bernie and hillary is interesting.” In other words – they wanted to meddle and create controversy during the election to help Donald Trump win.  If Mueller subpoenaed Twitter to get access to all of the direct messages in the WikiLeaks Twitter account, assume he has more of these messages in which Assange or his subordinates reveal their true intentions.

Second, it should be noted Mueller has probably reached a tipping point where, unless there are more unforeseen names and charges pending, the only logical place left for him to go in this investigation is to start naming and indicting American collaborators. The unidentified American in the indictment who was in contact with Guccifer 2.0 is Roger Stone, who may still be at risk of greater legal jeopardy down the line. Buried at the bottom of page 15 is this tantalizing allegation which pretty much fits the criteria for collusion that journalists have been looking for:

One former Democratic House member from Nebraska went public on Facebook and announced that the Russians hacked his campaign’s emails in the 2016 cycle.  It’s not clear if he was the victim in the instance named in the indictment.

The big guessing game among political and congressional journalists for the next several days will be to try and figure out the identity of the campaign that solicited and received stolen emails from Guccifer 2.0. If this person is an elected state or federal official, he or she will be under tremendous political pressure to resign.  He or she may also face legal jeopardy, depending on what (if any) additional facts emerge.

Beyond the references to Stone and the unidentified congressional candidate, the big question is what happens if Mueller indicts a major figure who is close to the president – for example, Jared Kushner or Don Jr.

Third, is Vladimir Putin an unindicted co-conspirator? This may be a question for Mueller himself once he finishes his investigation, but it will be interesting to see if he takes a play from the Department of Justice’s past and slaps that dubious label on the Russian leader and implicate him directly in the hacks.

Fourth, what is the status of the obstruction of justice probe in connection with the firing of FBI Director James Comey? Rudy Giuliani has repeatedly moved the goal posts to set the criteria to grant a presidential interview, most recently arguing that they won’t allow it unless Mueller presents evidence that the President committed a crime. Mueller could get a subpoena to compel the President’s testimony, which would eventually lead to a protracted legal battle in which Mueller would likely prevail because of the Supreme Court’s decision in Clinton v. Jones.  If the case ever went that far, and an appeals court or the Supreme Court ruled in Mueller’s favor, that would create a permanent, binding legal precedent against the executive branch. The other question about the obstruction of justice investigation would be if and when Mueller would submit a final report to Deputy Attorney General Rod Rosenstein, and if that report were to become a public document. As the calendar gets closer to Election Day, Mueller may wind up postponing any subpoena or report until after the elections.

Watch this space.