Peter Zeidenberg writes: Prosecutors are not journalists, and their job is not to inform the public of the results of their investigations. Rather, their mission is to gather all of the relevant facts and determine whether a crime was committed and, if so, whether it can be proved in court beyond a reasonable doubt. Their work, when done properly, is done in secret. Indeed, violations of grand jury secrecy can result in serious sanctions from the court.
If, after a full criminal investigation, it was determined that a crime occurred but the critical evidence was not obtainable — say, for purposes of argument, that this evidence was in Russia, unobtainable by subpoena — then it would be improper to seek an indictment. Critically, the entire investigation would then remain secret. It would be a violation of law for a prosecutor to make public the results of a grand jury investigation that did not result in an indictment.
Further, it is entirely possible that there could have been improper or inappropriate contacts between the Trump campaign and Russian intelligence without U.S. laws having being broken. If, for example, a Trump campaign operative actively coordinated with WikiLeaks the release of Clinton campaign emails — originally hacked by the Russians — the public would be justifiably outraged. But that does not necessarily mean the conduct was illegal. Were a special prosecutor to reach such a conclusion, the public would remain entirely in the dark. All they would know is that, after many months — or, more likely, years — of investigation, the special prosecutor had packed up his or her bags and gone home. No special reports. No Comey-style news conferences. Just radio silence.
Needless to say, this would be highly unsatisfactory. The public has a right to know, conclusively, whether their president’s campaign coordinated in any fashion with a foreign power — even if that coordination did not amount to a violation of U.S. law. Conduct can be wrongful — even reprehensible — and still not necessarily be criminal. The remedy for such conduct should be political. [Continue reading…]
Category Archives: Lands
Kushner and Flynn met with Russian envoy in December, White House says
The New York Times reports: Michael T. Flynn, then Donald J. Trump’s incoming national security adviser, had a previously undisclosed meeting with the Russian ambassador in December to “establish a line of communication” between the new administration and the Russian government, the White House said on Thursday.
Jared Kushner, Mr. Trump’s son-in-law and now a senior adviser, also participated in the meeting at Trump Tower with Mr. Flynn and Sergey I. Kislyak, the Russian ambassador. But among Mr. Trump’s inner circle, it is Mr. Flynn who appears to have been the main interlocutor with the Russian envoy — the two were in contact during the campaign and the transition, Mr. Kislyak and current and former American officials have said.
But the extent and frequency of their contacts remains unclear, and the disclosure of the meeting at Trump Tower adds to the emerging picture of how the relationship between Mr. Trump’s incoming team and Moscow was evolving to include some of the president-elect’s most trusted advisers. [Continue reading…]
The Wall Street Journal reports: President Donald Trump’s eldest son was likely paid at least $50,000 for an appearance late last year before a French think tank whose founder and wife are allies of the Russian government in efforts to end the war in Syria.
Donald Trump Jr. addressed a dinner on Oct. 11 at the Ritz Hotel in Paris, hosted by the Center of Political and Foreign Affairs. Its president, Fabien Baussart, and his Syrian-born wife, Randa Kassis, have cooperated with Russia in its drive to end the Syrian civil war, according to U.S., European and Arab officials. In December, Mr. Baussart formally nominated Russian President Vladimir Putin for the Nobel Peace Prize.
Mrs. Kassis is a leader of a political faction endorsed by Russia in negotiations to end the war in Syria. The couple said they don’t represent Russia and are solely focused on ending the Syrian conflict. [Continue reading…]
The vote that could wreck the European Union
An editorial in The Economist says: It has been many years since France last had a revolution, or even a serious attempt at reform. Stagnation, both political and economic, has been the hallmark of a country where little has changed for decades, even as power has rotated between the established parties of left and right.
Until now. This year’s presidential election, the most exciting in living memory, promises an upheaval. The Socialist and Republican parties, which have held power since the founding of the Fifth Republic in 1958, could be eliminated in the first round of a presidential ballot on April 23rd. French voters may face a choice between two insurgent candidates: Marine Le Pen, the charismatic leader of the National Front, and Emmanuel Macron, the upstart leader of a liberal movement, En Marche! (On the Move!), which he founded only last year.
The implications of these insurgencies are hard to exaggerate. They are the clearest example yet of a global trend: that the old divide between left and right is growing less important than a new one between open and closed. The resulting realignment will have reverberations far beyond France’s borders. It could revitalise the European Union, or wreck it.
The revolution’s proximate cause is voters’ fury at the uselessness and self-dealing of their ruling class. [Continue reading…]
UN details Assad and Putin’s war crimes in Aleppo
Michael Weiss reports: In a report released today on the recapture of East Aleppo by pro-Syrian government forces, the United Nations Human Rights Council concludes that the much-touted “evacuation” of civilians from the rebel-enclave last year was actually a “war crime of forced displacement” because it was carried out for strategic reasons rather than any regard for protecting non-combatants or for military necessity. The population transfer had in fact been overseen by the International Committee of the Red Cross.
The 37-page report, based on the work of a Commission of Inquiry, lays blame on both sides of the conflict for failing to take sufficient safeguards against against the loss of life or the destruction of vital infrastructure, although it finds that the Syrian and Russian air forces wrought a particularly devastating toll.
Warplanes targeted hospitals, bakeries and schools in a non-stop bombing campaign that lasted for months, beginning in September 2016. ”Approximately 300 people — including 96 children — were killed in the first four days of the offensive alone,” the report states. [Continue reading…]
Sessions is flagrantly lying about his contacts with the Russian ambassador
The New York Times reports: Democrats escalated their demands late Wednesday that Attorney General Jeff Sessions recuse himself from overseeing an investigation into contacts between the Trump campaign and the Russian government after a disclosure that Mr. Sessions himself spoke with the Russian ambassador last year, seemingly contradicting his testimony at his confirmation hearing.
And some Democrats went further, suggesting that Mr. Sessions had perjured himself and demanding that he resign.
“Sessions is not fit to serve as the top law enforcement officer of our country and must resign,” said Representative Nancy Pelosi of California, the House Democratic leader. “There must be an independent, bipartisan, outside commission to investigate the Trump political, personal and financial connections to the Russians.”
But the Trump administration rejected the accusations as partisan attacks, and Mr. Sessions said in a statement issued shortly before midnight that he had not addressed election matters with the ambassador, Sergey I. Kislyak.
“I never met with any Russian officials to discuss issues of the campaign,” Mr. Sessions said. “I have no idea what this allegation is about. It is false.” [Continue reading…]
The Washington Post reports, “Officials said Sessions did not consider the conversations relevant to the lawmakers’ questions and did not remember in detail what he discussed with Kislyak.”
This is the definition of obfuscation.
Sessions claims to have a clear recollection of what was not spoken about yet doesn’t recall the actual content of the conversations.
Moreover, his denial of discussing “issues of the campaign” is narrowly circumscribed.
When he says, “I never met with any Russian officials to discuss issues of the campaign,” he appears to be referring to the prearranged purpose of such meetings since it’s reasonable to assume that such officials would not show up unannounced.
Once face to face, however, whether the conversation in parts then pertained to the campaign, that’s a possibility Sessions leaves open and also conveniently obscures with his blanket failure of recollection.
This morning, he continued attempting to weasel his way out of the corner he’s in, mindful perhaps that even inside the Trump administration — but outside the Oval Office — publicly exposed liars can be forced to resign.
NBC News reports:
Attorney General Jeff Sessions denied meeting with any Russian officials during the course of the presidential election to talk about politics, he told NBC News in exclusive remarks early Thursday.
“I have not met with any Russians at any time to discuss any political campaign,” he said, “and those remarks are unbelievable to me and are false. And I don’t have anything else to say about that.”
When asked about the calls by Democrats to recuse himself from investigating any alleged ties between Trump’s surrogates and intermediaries for the Russian government, Sessions added: “I have said whenever it’s appropriate, I will recuse myself. There’s no doubt about that.”
Since Sessions and his staff claim they’re having trouble piecing together the details about these conversations, perhaps the FBI can help them out through the findings of its counterintelligence investigation on contacts between Russian officials and Sessions.
At the end of the day, what may prove more consequential than the conversations themselves was that then-Senator Sessions, testifying under oath, purposefully misled his fellow Senators.
Obama administration rushed to preserve intelligence of Russian election hacking
The New York Times reports: In the Obama administration’s last days, some White House officials scrambled to spread information about Russian efforts to undermine the presidential election — and about possible contacts between associates of President-elect Donald J. Trump and Russians — across the government. Former American officials say they had two aims: to ensure that such meddling isn’t duplicated in future American or European elections, and to leave a clear trail of intelligence for government investigators.
American allies, including the British and the Dutch, had provided information describing meetings in European cities between Russian officials — and others close to Russia’s president, Vladimir V. Putin — and associates of President-elect Trump, according to three former American officials who requested anonymity in discussing classified intelligence.
Separately, American intelligence agencies had intercepted communications of Russian officials, some of them within the Kremlin, discussing contacts with Trump associates. [Continue reading…]
Sessions met with Russian envoy twice last year, encounters he later did not disclose
The Washington Post reports: Then-Sen. Jeff Sessions (R-Ala.) spoke twice last year with Russia’s ambassador to the United States, Justice Department officials said, encounters he did not disclose when asked about possible contacts between members of President Trump’s campaign and representatives of Moscow during Sessions’s confirmation hearing to become attorney general.
One of the meetings was a private conversation between Sessions and Russian Ambassador Sergey Kislyak that took place in September in the senator’s office, at the height of what U.S. intelligence officials say was a Russian cyber campaign to upend the U.S. presidential race.
The previously undisclosed discussions could fuel new congressional calls for the appointment of a special counsel to investigate Russia’s alleged role in the 2016 presidential election. As attorney general, Sessions oversees the Justice Department and the FBI, which have been leading investigations into Russian meddling and any links to Trump’s associates. He has so far resisted calls to recuse himself. [Continue reading…]
How Trump is beating the Russia rap
John R. Schindler writes: … you need to know a lot of things to grasp the full scope of Russian spy-games against America and how they impact our politics right now.
You need a deep understanding of Russian spycraft, what Moscow calls konspiratsiya (yes, “conspiracy”), which goes back a century and more. The good news is that Kremlin spy-games have remained remarkably consistent over time; the bad news is they’re very intricate and long-term. Russian intelligence agencies are far more aggressive and risk-taking than Western counterparts and they are much more patient. In Moscow, successful espionage operations are measured in decades, not years.
You also need a deep understanding of how the Russians conduct offensive counterintelligence operations, particularly the recruitment of moles inside the enemy’s spy services. The Trump presidency is one piece of a complex Putinist puzzle which includes the long-term, far-reaching penetration of American intelligence agencies by Russian spies. Here the Snowden Operation forms a portion of a much bigger espionage story which must be unraveled to understand how 2016 happened.
Last, you need a deep understanding of how Russian intelligence disseminates propaganda, what the Kremlin calls Active Measures, against their foes. Particularly important is the use of disinformation, which the KGB and its successors have perfected over decades, and they now can disseminate it quickly and easily online. Above all, what’s required to get to the bottom of the Trump mystery is a well-honed ability to unravel the full scope of interlocking Russian spy-games in their strategic — not just tactical — complexity.
The good news for the White House is that the number of people in the West who can grasp all that is rather small. Even in our Intelligence Community, this specialization is rare and customarily considered somewhat odd. You need to understand the Russian mindset, which means you should speak their language and comprehend how they think. You need extensive knowledge of Kremlin spy-cum-propaganda operations going back many decades. That expertise is hardly ever achieved by scholars, so we’re talking about people with a lot of education but also practical experience in high-level counterespionage against the Russians.
To say nothing of the fact that the Russians routinely use provocateurs and fake opposition to muddy the waters whenever questions arise about nefarious Kremlin activities. Vociferous haters of Moscow and all its works have an odd habit of turning out to be secretly on the payroll of Russian spy services, while the Kremlin has employed provocation on an industrial scale for more than a century to confuse the West in its efforts to understand what the Russians are really up to. Chekists like Vladimir Putin take enormous pride in their seasoned ability to run rings around confused foreigners until they get lost in the vaunted “wilderness of mirrors.” [Continue reading…]
White House staff told to preserve Russia-related materials
The Associated Press reports: The White House counsel’s office has instructed the president’s aides to preserve materials that could be connected to Russian interference in the 2016 election and related issues, three administration officials said Wednesday.
The memo, sent to White House staff on Tuesday, follows a request from Senate Democrats last week asking the White House — as well as law enforcement agencies — to keep all materials involving contacts that Trump’s administration, campaign and transition team — or anyone acting on their behalf — have had with Russian government officials or their associates. The Senate Intelligence Committee also made a similar request to the White House and agencies.
The three administration officials who confirmed that White House staffers were instructed to comply did so on the condition of anonymity because they were not authorized to disclose the counsel’s office memo publicly. [Continue reading…]
Much more to the story of the fallen Navy SEAL Trump praised in his speech to Congress
Yochi Dreazen writes: The simmering controversy over the raid flared up again on Tuesday when Trump broke with decades of presidential precedent and blamed the military for the failed operation — and for Owens’s death — rather than taking responsibility himself.
“This was a mission that was started before I got here. This was something they wanted to do,” Trump said. “They came to me, they explained what they wanted to do ― the generals ― who are very respected, my generals are the most respected that we’ve had in many decades, I believe. And they lost Ryan.”
As Phillip Carter wrote for Vox, most presidents of both parties have stepped up and accepted blame for failed military operations, regardless of whether they were their fault. Trump, Carter wrote, took a very different path:
Still, Trump’s blunt refusal to accept personal responsibility for the Yemen raid burns because it marks such an incredible betrayal of his office and the awesome responsibility that our president must shoulder, especially in the national security sphere. A president who passes the buck is not one we can trust to lead our military or keep us safe.
The president’s decision to lavish so much attention on Carryn Owens, meanwhile, sparked a torrent of angry responses on Twitter, with critics arguing that he was trying to use her grief for political gain. [Continue reading…]
Syrian peace talks flounder as participants ask: Where is America?
The Washington Post reports: The vacuum in U.S. policy on Syria is being keenly felt at the latest round of peace talks aimed at negotiating a political solution to the Syrian war — talks that seem destined to wind down this week without meaningful progress.
Five days into a round of discussions intended to take place between delegations representing the Syrian government and the opposition, government and opposition negotiators still have not met. Instead, the talks, due to end Friday, have become snarled in debates about procedures and process without yet addressing the major issues surrounding the remote possibility of finding a political solution to the nearly six-year-old war.
These talks, known as Geneva IV because they represent the fourth round of discussions aimed at securing a political settlement on the basis of a communique drafted in Geneva by the United States and Russia in 2012, are taking place against the backdrop of a new regional balance of power in which Russia has the leading role in Syria.
For the first time, the United States is not taking the initiative in pushing for a negotiated settlement. The rout of rebels from their stronghold in eastern Aleppo in December was a defeat for U.S. policy as well as for the Syrian opposition, and it effectively left a vacuum of U.S. decision-making on Syria that has yet to be filled by the new Trump administration. [Continue reading…]
After Oscar win, Russian Embassy calls Syria’s White Helmets ‘actors,’ not life-savers
Amanda Erickson writes: When “The White Helmets,” a documentary short about volunteer rescue workers in Syria, took home an Oscar on Sunday night, the group’s press officer was elated. He tweeted: “The world stands with the white helmets. Standing ovation at the Oscars. We have won.”
The film follows three volunteers from Syria Civil Defense, more commonly known as the White Helmets, as they do the heartbreaking work of rescuing civilians from the rubble. (At one point, they pull a 1-month-old “miracle baby,” unharmed, from a collapsed building. He’d been trapped for half a day.) The group was founded by locals along with a former British army officer and United Arab Emirates-based consulting firm called Analysis Research and Knowledge. Its membership is overwhelmingly Syrian, though it has received training from ARK and a Turkish NGO. The White Helmets receive funding from U.S. and European governments, operating on a budget of about $26 million.
The organization says it has saved about 60,000 lives. More than 140 of its volunteers have been killed. For these efforts, the White Helmets have been nominated for a Nobel Peace Prize.
The documentary has garnered good press and glowing reviews. But not everyone reacted so positively to the win. The Twitter account run by the Russian Embassy in Britain attacked the film Tuesday morning, calling the documentary a fiction populated by actors. [Continue reading…]
Immigrants, including the undocumented, make America a safer and more prosperous country
The Criminalization of Immigration in the United States, by Walter Ewing, Ph.D., Daniel E. Martínez, Ph.D. and Rubén G. Rumbaut, Ph.D.
FBI had an agreement to compensate former British spy whose investigations resulted in the Trump dossier
The Washington Post reports: The former British spy who authored a controversial dossier on behalf of Donald Trump’s political opponents alleging ties between Trump and Russia reached an agreement with the FBI a few weeks before the election for the bureau to pay him to continue his work, according to several people familiar with the arrangement.
The agreement to compensate former MI6 agent Christopher Steele came as U.S. intelligence agencies reached a consensus that the Russians had interfered in the presidential election by orchestrating hacks of Democratic Party email accounts.
While Trump has derided the dossier as “fake news” compiled by his political opponents, the FBI’s arrangement with Steele shows that bureau investigators considered him credible and found his line of inquiry to be worthy of pursuit.
Ultimately, the FBI did not pay Steele. Communications between the bureau and the former spy were interrupted as Steele’s now-famous dossier became the subject of news stories, congressional inquiries and presidential denials, according to the people familiar with the arrangement, who spoke on the condition of anonymity because they were not authorized to discuss the matter. [Continue reading…]
New evidence links the Kremlin to efforts to destabilize Montenegro and slow its path to NATO
John R. Schindler writes: For Vladimir Putin, NATO expansion is a major bugbear and any chance Russia gets to thwart further expansion of the Atlantic Alliance is an opportunity not to be missed. Not to mention that the breakup of Yugoslavia — which the Russian leader has repeatedly held up as an example of what Western governments do to smaller Slavic states — is viewed with shame in the Kremlin. Here, too, Putin wants payback.
Just how serious Moscow is about Montenegro was revealed in a sinister plot that was unmasked last fall, shortly before its execution. In mid-October, Montenegrin authorities arrested some 20 people, most of them citizens of neighboring Serbia, for conspiring to overthrow the government in Podgorica and assassinate Prime Minister Milo Djukanović, the wily politician who ruled Montenegro from 1991 until 2016. Soon it emerged that the plot ringleaders were two Russian nationalists. While Montenegrin officials were careful not to point fingers directly at the Kremlin, questions lingered about what really happened.
The two Russians were quickly expelled from the country. That several of the Serbs and Montenegrins who were arrested for their role in the plot had served with Russian forces fighting in eastern Ukraine — where Moscow’s proxy war has included the use of foreign mercenaries, including Slavic nationalists from Eastern Europe — appeared to be more than a coincidence. Security services in the Balkans and beyond suspected that Russian intelligence was the hidden hand behind the plot, which seemed plausible given the large amounts of cash and the late-model communications gear found in the possession of the coup plotters.
That said, hard evidence of Moscow’s role didn’t appear immediately. While the Kremlin unquestionably wanted to dissuade Montenegro from joining NATO, assaulting the parliament in Podgorica and assassinating the prime minister to install a pro-Russian government seemed like outrageous behavior, even for Putin’s Kremlin — which is hardly squeamish about employing what Russian spies term wetwork against their enemies abroad.
Now, however, there is solid evidence that the Kremlin was directly behind the plot against Montenegro. [Continue reading…]
Amazon deforestation, once tamed, comes roaring back
The New York Times reports: A few months ago, a representative from Cargill traveled to this remote colony in Bolivia’s eastern lowlands in the southernmost reaches of the vast Amazon River basin with an enticing offer.
The American agricultural giant wanted to buy soybeans from the Mennonite residents, descendants of European peasants who had been carving settlements out of the thick forest for more than 40 years. The company would finance a local warehouse and weighing station so farmers could sell their produce directly to Cargill on-site, the man said, according to local residents.
One of those farmers, Heinrich Janzen, was clearing woodland from a 37-acre plot he bought late last year, hustling to get soy in the ground in time for a May harvest. “Cargill wants to buy from us,” said Mr. Janzen, 38, as bluish smoke drifted from heaps of smoldering vegetation.
His soy is in demand. Cargill is one of several agricultural traders vying to buy from soy farmers in the region, he said.
Cargill confirmed the accounts of colony residents, and said the company was still assessing whether it would source from the community. That decision would depend on a study of the area’s productivity and land titles, said Hugo Krajnc, Cargill’s corporate affairs leader for the Southern Cone, based in Argentina. “But if a farmer has burned down its forest we’ll not source from that grower,” he said.
A decade after the “Save the Rainforest” movement forced changes that dramatically slowed deforestation across the Amazon basin, activity is roaring back in some of the biggest expanses of forests in the world. That resurgence, driven by the world’s growing appetite for soy and other agricultural crops, is raising the specter of a backward slide in efforts to preserve biodiversity and fight climate change. [Continue reading…]
Geert Wilders, reclusive provocateur, rises before Dutch vote
The New York Times reports: He wants to end immigration from Muslim countries, tax head scarves and ban the Quran. He is partly of Indonesian heritage, and dyes his hair bright blond. He is omnipresent on social media but lives as a political phantom under police protection, rarely campaigning in person and reportedly sleeping in a different location every night.
He has structured his party so that he is the only official, giving him the liberty to remain, above all things, in complete control, and a provocateur and an uncompromising verbal bomb thrower.
Geert Wilders, far-right icon, is one of Europe’s unusual politicians, not least because he comes from the Netherlands, one of Europe’s most socially liberal countries, with a centuries-long tradition of promoting religious tolerance and welcoming immigrants.
How he and his party fare in the March 15 elections could well signal how the far right will do in pivotal elections in France, Germany and possibly Italy later this year, and ultimately determine the future of the European Union. Mr. Wilders (pronounced VIL-ders) has promised to demand a “Nexit” referendum on whether the Netherlands should follow Britain’s example and leave the union. [Continue reading…]
Revealed near Mosul: An enormous ISIS mass grave
The Daily Beast reports: Even before it became the scene of the Islamic State’s greatest crime, the Khasfa sinkhole stood out among the crevasses that pockmark the uneven desert plains west of Mosul.
Villagers from the surrounding hamlets could not see the bottom of the pit when they peered cautiously into the abyss. In 2003, a farmer’s boy fell into sinkhole, which lies next to a road cutting through the parched landscape, a mile off the Baghdad-Mosul highway.
When the rescue services tried to retrieve the child’s body, a rope 450 meters long was not enough to reach the bottom, local legend goes.
In June 2014, when ISIS took control of Mosul, the second largest city in Iraq, it quickly began to use this dark place for an even darker purpose. The terror group began hunting down policemen and soldiers almost as soon as the city fell, and an orgy of killing ensued as it slaughtered anyone affiliated with government security forces. [Continue reading…]
