December 15, 2018

THANKS FUSION!:

The Steele Dossier: A Retrospective (Sarah Grant, Chuck Rosenberg, December 14, 2018, LawFare)

Elsewhere, Steele reports that former Ukrainian President Viktor Yanukovych "confided in Putin that he did authorize and order substantial kick-back payments to Manafort as alleged but sought to reassure him that there was no documentary trail left behind which could provide clear evidence of this."

The official record supports this second allegation: Manafort's work for, and bankrolling by, Yanukovych is at the core of the criminal charges against him--conduct he has admitted. The superseding indictment filed by Mueller's office in the U.S. District Court for the District of Columbia goes into extensive detail about Manafort's ties to Yanukovych and other Ukrainian political and business interests, but in short:

Defendant PAUL J.  MANAFORT, JR. (MANAFORT) served for years as a political consultant and lobbyist.  Between at least 2006 and 2015, MANAFORT, through companies he ran, acted as an unregistered agent of a foreign government and foreign political parties. Specifically, he represented the Government of Ukraine, the President of Ukraine (Victor Yanukovych, who was President from 2010 to 2014), the Party of Regions (a Ukrainian political party led by Yanukovych), and the Opposition Bloc (a successor to the Party of Regions after Yanukovych fled to Russia in 2014).

MANAFORT generated tens of millions of dollars in income as a result of his Ukraine work. From approximately 2006 through 2017, MANAFORT, along with others including Richard W. Gates III (Gates), engaged in a scheme to hide the Ukraine income from United States authorities, while enjoying the use of the money.

Manafort's ties to Ukraine are relevant to the Russia investigation, as most readers will know, because he worked closely with an individual--Konstantin Kilimnik, a named co-conspirator in the superseding indictment against Manafort and a star player in Mueller's submission last week regarding Manafort's breach of his plea deal--suspected of ties to Russian intelligence. Manafort and Kilimnick worked on behalf of pro-Russian parties and lobbied within the United States to advance what were not merely Ukrainian interests, but Russian interests as well. Among those interests, according to the dossier, were "sidelin[ing] Russian intervention in Ukraine as a campaign issue," "deflect[ing] attention away from Ukraine," and building political support in the U.S. for "lift[ing] Ukraine-related western sanctions against Russia."

The Kremlin also pursued that last interest through, among others, Trump's campaign advisor and first national security advisor, Michael Flynn. Flynn pleaded guilty in December 2017 to one count of making materially false statements to the FBI, in violation of 18 USC ยง 1001(a), and is due to be sentenced on Dec. 18. Among the things he lied about to the Special Counsel's Office were his discussions with Russian ambassador Sergey Kislyak about the Trump administration's intent to lift sanctions:

During the interview, FLYNN falsely stated that he did not ask Russia's Ambassador to the United States ("Russian Ambassador") to refrain from escalating the situation in response to sanctions that the United States had imposed on Russia. FLYNN also falsely stated that he did not remember a follow-up conversation in which the Russian Ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of FLYNN's request.

The dossier does not allege significant communications between Flynn and Kremlin-affiliated individuals during the campaign--as it does for Manafort, Cohen and Carter Page--but does remark upon Flynn's visit to Moscow in December 2015. Steele reports:

[A] Kremlin official involved in US relations commented on aspects of the Russian operation to date. Its goals had been three-fold--asking sympathetic US actors how Moscow could help them; gathering relevant intelligence; and creating and disseminating compromising information ('kompromat'). This had involved the Kremlin supporting various US political figures, including funding indirectly their recent visits to Moscow. S/he named a delegation from Lyndon Larouche; presidential candidate Jill Stein of the Green Party; Trump foreign policy advisor Carter Page; and former DIA Director Michael Flynn, in this regard and as successful in terms of perceived outcomes.

The redacted addendum to the sentencing memorandum filed by Mueller's team in Flynn's case explains that Flynn has cooperated extensively with the Special Counsel's Office and provided information relevant to at least three different investigations: one criminal investigation, about which all information is redacted; the special counsel's investigation into interactions between Russian government figures and the Trump campaign; and a third, completely redacted investigation. With respect to the special counsel's investigation, the addendum notes that Flynn "assisted the [Special Counsel's Office's] investigation on a range of issues, including interactions between individuals in the Trump Transition Team and Russia," and other topics which are redacted. This indicates that the relevant information Flynn is providing to Mueller's team is not limited to the post-election discussions about sanctions relief about which he previously lied.

Notably absent from the dossier is any reference to George Papadopoulos, another Trump campaign foreign policy advisor who pleaded guilty last fall to lying to the FBI about his contacts during the campaign with individuals tied to the Russian government and recently served a 12-day sentence after proving himself unhelpful to the Special Counsel's Office. (He was sentenced to 14 days but was released two days early, prior to a weekend.) The statement of offense asserts that over the first half of 2016, Papadopoulos had multiple in-person interactions and email communications with several individuals connected to the Russian government or whom Papadopoulos believed were connected to the Russian government, including a London-based professor, later identified as Joseph Mifsud; a female Russian national who was introduced as a relative of Russian president Vladimir Putin; the Russian ambassador in London; and an individual claiming to be affiliated with the Russian Ministry of Foreign Affairs. In April 2016, Papadopoulos learned from the professor that the Russians possessed "dirt" on Hillary Clinton, in the form of thousands of her emails. Over the course of approximately five months, strongly encouraged by his contacts, Papadopoulos aggressively pursued a meeting between Trump and/or senior campaign officials with Russian government officials. He communicated the idea and his progress on a number of occasions to various high-ranking Trump campaign officials. When interviewed by the FBI in January 2017 in the course of its investigation into Russian interference into the 2016 election, Papadopoulos lied about the extent, timing and nature of his communications with these individuals.

Again, Papadopoulos is not mentioned in the Steele dossier. We revisit his case because it resonates with one of the themes of the dossier, which is the extensive Russian outreach effort to an array of individuals connected to the Trump campaign. Steele's sources reported on alleged interactions between Carter Page and Russian officials, but Papadopoulos's conduct would have fit right in. In any event, Papadopoulos is noteworthy as the first figure in the Trump campaign--as far as we know--approached and informed by Russian proxies that the Russian government had obtained Clinton's emails.

To conclude, we return to Carter Page, about whom there is a great deal in the dossier. We will not recount the details here because the allegations have not been corroborated in filings by Mueller's team. The only nod at confirmation we have from an official source is a heavily-redacted memorandum from the House intelligence committee minority. In it, Ranking Member Schiff describes the FBI's wholly independent basis for investigating Page's long-established connections to Russia, aside from the Steele dossier, and emphasizes that the Justice Department possessed information "obtained through multiple independent sources that corroborated Steele's reporting" with respect to Page.

As we noted, our interest is in assessing the Steele dossier as a raw intelligence document, not a finished piece of analysis. The Mueller investigation has clearly produced public records that confirm pieces of the dossier. And even where the details are not exact, the general thrust of Steele's reporting seems credible in light of what we now know about extensive contacts between numerous individuals associated with the Trump campaign and Russian government officials.

Posted by at December 15, 2018 8:33 AM

  

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