By Brian E. Frydenborg (LinkedIn, Facebook, Twitter@bfry1981) March 25, 2019 (Updated April 20, 2019)

James Berglie/Alamy

April 20, 2019 Update: The Mueller report very much confirms my analysis presented herein, and Russia still looms menacingly large. As I had accurately surmised well before the report was released, Mueller has handed the baton to Congress and voters: what happens now?

AMMAN — After a nearly-two-year investigation that has been the focus of Washington like nothing since the Watergate scandal, the long-awaited report of Special Counsel Robert Mueller has arrived (at least at the desk of Trump’s newly confirmed Attorney General, William Barr).  Two days after its submission by Mueller to him, Barr has presented a summary of his own crafting to key congressional leaders that has been made public.

What’s Missing Is Just As Important As What’s Included

There will be (even already are) attempts to spin, distort, and flat-out misrepresent the summary and, eventually, whatever else of “the report” is made public.

In Deputy (and then Acting) Attorney General Rod Rosenstein’s May 17, 2017, letter creating Mueller’s Special Counsel probe, the main lines of investigation that Rosenstein authorized Mueller to pursue were “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.”  Yet in both his Friday letter confirming receipt of Mueller’s report and in his Sunday summary of Mueller’s report sent to senior relevant congressional leaders, Barr noted the scope of Mueller’s report to be focused on “Russian interference” in the 2016 election, noting in the latter that the title of Mueller’s submission was “Report on the Investigation into Russian Interference in the 2016 Presidential Election.”  Specifically, Barr’s letter quotes the Special Counsel’s report that its “investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”

What has been little noted, however, is how wide of a gap there is between how Muller chose to frame his final report and the and how Rosenstein initially framed the scope: if we limit discussion to Team Trump’s having “conspired or coordinated with the Russian government” this can leave out 1.) less formal intermediary channels that are a hallmark of Kremlin operations (e.g., see Konstantin Kilimnick and Oleg Deripaska) and 2.) any other issues—sanctions, Ukraine, NATO, the EU, political strategy, etc.—that did not specifically involve election interference.

This is a pretty big deal.  And it needs to sink in.

Read Carefully: Mueller As a Beginning, Not an End

Again, Barr’s summary of Mueller’s report hardly concludes that there was no collusion between the Trump campaign and the Kremlin, just that no one “conspired or knowingly coordinated” with Russia to the end of election interference, and Barr noted that Mueller’s team even explicitly noted that, when it came to obstruction of justice, “while this report does not conclude that the President committed a crime, it also does not exonerate him.”

Some important things to note here: as has been oft-repeated, Mueller’s only main public obligation as far as issuing reports is limited to whether or not it recommends criminal charges against the president or senior officials beyond those people it has already charged.  The burden of proof for these charges would have to be backed by evidence supporting conclusions of provable criminal guilt beyond a reasonable doubt, and when it comes to conspiring with foreign powers to interfere with U.S. elections, Barr’s letter notes that if any American “joined the Russian conspiracies to influence the election,” such actions “would be a federal crime.”   But when it comes to collusion on other issues—sanctions, Ukraine, NATO, etc.—in and of themselves, such actions would at best most likely be a crime under the Logan Act, an obscure 1799 U.S. law that prohibits those not delegated by the U.S. government to run foreign policy to engage in making foreign policy; only one charge from 1803 ever materialized under the Act, and that charge was never brought to trial.  In other words, trying to establish criminal wrongdoing with evidence that leaves no reasonable doubt by going down this path is a far shakier, more challenging task.  And it seems a path that Mueller, at least as far as his report recommending criminal charges or not recommending them, has decided to avoid traveling, which is not the same thing as finding those questions not worth asking.

This actually seems to be sound strategy on the part of Mueller: going down that path in terms of criminal prosecution would be going down lengthy rabbit holes in which the likelihood of finding actionable evidence that could convict U.S. persons under U.S. law was likely going to be minimal and the investigation would have gone beyond two years into three or more, creating even more buildup for what would probably be a similarly inconclusive payoff.  And as things stand now, Mueller has clearly farmed out and laid the groundwork for other federal, state-level, and international law enforcement to take up the banner on a whole host of issues related to Trump and/or Russia.

But the point is that Mueller seems to have decided to limit the scope of his massive investigation in ways that make it impossible for anyone to claim that his report proves there was no active collusion.  And by conspicuously limiting the scope in this way, he is all but handing the baton to others rather seeing his investigation as the end to all relevant lines of inquiry.  Mueller, unlike former FBI Director Comey, seems to understand the sensitive political environment in which he operates: for a single powerful investigation to take down a legally elected president is no small matter and partisanship has only increased exponentially since the Nixon era.  With this approach, Mueller has helped shield the Department of Justice from further politicization and delegitimization and ensured that these serious issues surrounding Trump and Russia will be less about him, Mueller, as one star prosecutor and more about the federal, state/local, and congressional machinery that must also be a part of reigning in both Trump and Putin and holding them accountable.  It is doubtful that the Barr summary will be the end of what comes out about Mueller’s report, and that doesn’t even get to the Special Counsel’s counterintelligence investigation, which can still be fertile ground going forward.  As former FBI counterintelligence agent Asha Rangappa has repeatedly pointed out, the Special Counsel’s counterintelligence investigation would be far more sweeping than the criminal investigations with which we are far more familiar, but no less important even if much less transparent, as much of the material would be extremely sensitive and since the Special Counsel statue does not call for any public report on its findings like it does with the criminal investigation.

Not the Worst Outcome for Trump, But No Reason to Celebrate

The idea that Mueller was somehow going to find a smoking gun of Trump campaign collusion with the Russian government or remove Trump from office was always the stuff of anti-Trump pipe dreams.  That Trump’s people would celebrate this is just another sign of the plummeting of the proverbial bar to unrecognizable depths.  Mueller and his people may not have found evidence to the degree of quelling reasonable doubt that Team Trump “conspired or knowingly coordinated” with Russia on election interference in 2016, but any reading of Barr’s report or the Mueller report that claims this means there was no collusion with Russia at all is flat-out wrong.  As I have noted before, the idea of collusion is so much broader and deeper than prosecutable criminal offenses and the public conversation about collusion has been ridiculously myopic to not make this a major theme, but perhaps with the Mueller report now having been filed, the opportunity to take the understanding of collusion beyond criminal wrongdoing may never be better.

There are still many questions that need answers, and those questions and answers should give Trump and Putin and their supporters serious pause as America moves beyond Mueller to decide our collective future, not least of that being our role in the world, our relationship with Russia, and how we will protect our own elections, as well as freedom democracy around the world, in the face of a concerted onslaught by Putin’s Kremlin, about which our government agencies and investigators have no reasonable doubt, including the Department of Justice and, as noted in the Barr summary, the Special Counsel.

See related article: Crime Too Narrow As Main Lens to View Putin’s Masterpiece of Collusion

© 2019 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

Brian E. Frydenborg is an American freelance writer, academic, and consultant from the New York City area currently based in Amman, Jordan. You can follow and contact him on Twitter: @bfry1981

If you appreciate Brian’s unique content, you can support him and his work by donating here 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter. If you think your site or another would be a good place for this or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Originally published on LinkedIn Pulse June 6, 2018

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter@bfry1981) June 6th, 2018 (based in part on an earlier piece published on October 29th, 2016: Comey Damages Clinton With Horribly Timed Weiner Speculation in Historic FBI Injection Into Election)

Michael Conroy/AP, Cliff Owen/AP

AMMAN — Former FBI Director James Comey might be more of an anti-Trump hero now, but that does not erase the stain of the spectacularly bad he showed throughout 2016 in his handling of the Hillary Clinton e-mail server probe. As Justice Department Inspector General Inspector General Michael Horowitz’s investigative report is about to be released, now is a good time to revisit these issues in a way that finally avoids the myopia of much of the previous discussion that nearly always missed or failed to give enough attention to the issues discussed below.

But first, a quick recap:

After Comey’s unprecedented disclosure eleven days before the election that potentially relevant e-mails may have been on Anthony Wiener’s laptop, two days before the election he let it be known that she was, again, in the clear. 

It was later revealed that Huma Abedin had only forwarded two e-mails to Weiner’s computer relevant to the investigation, duplicate e-mails with classified content that had already been reviewed by the and that ten other relevant e-mails with classified content had been automatically backed up to Wiener’s laptop, also duplicates that had previously been reviewed by the FBI. None of the e-mails were marked as classified.

All that was over just 12 duplicate e-mails. And by itself (hardly ignoring other major factors that could also be characterized the same way, not the least of which involve Russian cyberwarfare, racism, misogyny, and absolutely atrocious media coverage), this can be said to have cost Clinton the election.

*****

Beyond the above, there are deeper, neglected issues with how Comey looked at and framed core issues of the investigation throughout 2016, most notably how he characterized Clinton “extremely careless,” beginning in an extremely controversial (to say the least) 2016, press conference.

Now, before I continue, I want to stress that I still believe Comey was and is a straight shooter and public servant of honesty and integrity, and that it is clear many of Trump’s and Republicans’ attacks against Comey are absurd, disgusting, blatantly false, and hypocritical in the extreme; but all that does not mean Comey is infallible, and Comey was flat-out wrong and myopic in his famously characterizing Clinton and her team as “extremely careless” in the handling of classified information, mainly because of five things:

1.) Numbers

To delve into the topic of classification itself, there are the only three actual levels of classification: CONFIDENTIAL (the lowest), SECRET (the middle), and TOP SECRET (the highest). It has often been erroneously reported that SAP (Special Access Program) is a higher level of classification, but it is actually a special type of TOP SECRET or SECRET information, designed to give people who “need to know” that information access to it but not indicating a higher level of sensitivity within the classification level. These days, SAP often has to do with the U.S. drone program (more on that later).

In 2016, the FBI’s “July” report (released in early September by a clearly-exasperated-with-the-brouhaha-and-political-criticism-Comey) and information provided by the State Department detail how many e-mails had contained classified information at the time they were sent to or received by Clinton’s server: about 200 e-mails in 82 e-mail chains that passed through Clinton’s server out of about 47,000 e-mails were what was at issue in 2016. All but 13 of these chains were turned over by Clinton as part of 30,000 emails Clinton’s team had determined were work-related (most can be read here), and none of those other 13 e-mail chains—which were found among some additional 17,000 unique work and personal e-mails recovered by the FBI—were TOP SECRET.

Overall, of the 82 e-mail chains: 69 were still classified in 2016 (16 of which have been downgraded in their classification level), and 13 have been declassified, suggesting that at least those 16 and 13 are not involving anything particularly serious or particularly sensitive, even at the time.

8 chains were classified as TOP SECRET (7 of those, consisting of 22 e-mails total, were SAP), 37 chains were classified as SECRET, and 37 chains were classified as CONFIDENTIAL. 

So, out of over 47,000 e-mails under consideration, let’s remember that about 200, or about 0.425%, were deemed to have contained classified information at the time of sending and receiving and at least half or more were either the lowest level of classification or concerned publicly available information, and some of them were not even considered classified at all by Clinton’s own State Department. 

This means over 99.5% of the e-mails reviewed had no classification issues whatsoever.

No official in the history of the modern United States has ever so much of her communications material examined (or released so much to the public) so thoroughly and so soon after her time in office, and she used e-mail more than any of her predecessors because of the increasingly technological times in which we live. If most other senior government officials had an audit like Clinton’s it is safe to say that she would hardly stand alone in having less than 0.5% of her content containing some sort of classified information; some would very likely have more, given the problems with overclassification…

2.) Overclassification

The available reporting on the subject suggests that nearly all of the most sensitive TOP SECRET information (7 of 8 TOP SECRET chains) in the classified content that passed through Clinton’s server had to do with SAP-related, publicly available information on the drone program or other publicly available information about North Korea, which might be included in the 7 or could even be the 8th; the State Department did not consider the North Korean e-mail classified at the time, through at least one other agency did. In both cases, anything from an eyewitness account published by an NGO to a newspaper report about drones would be considered classified. This raises the issue of rampant & unnecessary overclassification  in the government, often more about interagency turf wars than national security, to the extent that prolific national security officials of both major political parties have publicly testified that “between 50% and 90% of all classified material could even be disclosed without any detrimental effect on national security.” Objectively, then, much and perhaps all of the information with the highest classification labels in Clinton’s e-mails were objectively not really sensitive or secret in nature. And it should also be noted that CONFIDENTIAL generally describes information that is so mundane and harmless that America’s intelligence chief in 2016, Director of National Intelligence James Clapper, was considering a move to do away with the CONFIDENTIAL classification level entirely, noting that this is something the UK did recently in 2014 “without [adverse] impact.”

The only indications we have in terms of the content of the most sensitive material of the highest classification level is that it was publicly available information.

3.) Labels

Zero of these e-mails were properly marked as classified. All e-mails that are supposed to be classified are supposed to have clear, obvious headings and subject lines indicating that they contain classified information, but not one of the roughly 200 e-mails had anything indicating it contained classified information in any header or subject line. In fact, only 1 classified e-mail chain contained any classified markings whatsoever; this involved one or a few simple “portion mark” “(C)”(s) that preceded material that was specifically classified as and appeared in the body of the emails within the chain (two other e-mail chains had the same markings but the information in question in those chains was not actually classified and should not have been marked in the body with “(C)”s at all).

That’s right: only 1 e-mail chain with classified information had any classification markings, and it was not properly marked, with no headers and only the “(C)” indicator showing up buried in the body.

Practically no one ever reads every part of every work e-mail. Many people probably don’t fully read even a majority of their work e-mails, as so much content is sent and received and often people have to ignore much of the content and many e-mails entirely for the sake of time; still others will be ignored out of simple prioritizing or would even seen as a nuisance.

The idea that Clinton was careless and irresponsible because she a.) did not know that about 200 e-mails out of tens of thousands were classified but had no classified markings and b.) that she did not know that classified material was in 1 e-mail chain that had 1 or more little “(C)”s buried in e-mail bodies that any person skimming could easily miss is preposterous; in fact, it is possible she did not even read some of these e-mails in question or only read them in part, so considering this, holding her responsible for being aware of every detail of every e-mail sent to her has an added layer of ridiculousness.

None of the people involved were expert specialists on classification, and they and Secretary Clinton relied, as most non-classification-specialists would rely, on proper and clear headings to warn that classified information was at hand and that people sending them knew they were following proper procedure. That was clearly not the case here.

As Comey said during congressional testimony, the absence of the classification markings in all e-mail headers meant that it would be “a reasonable inference” to “immediately [conclude] that those three documents were not classified” even for an “expert at what’s classified and what’s not classified.” In fact, it seems it would be reasonable to assume, as Clinton did, that, in the absence of any other markings, such “(C)”s could at a glance seem to be a selection from an alphabetical list. This directly contradicts Comey’s assertion that Clinton was “extremely careless” with classified information.

4.) Sending vs. Receiving

The FBI report only mentions others sending Clinton material that was classified to begin these exchanges, not the other way around, suggesting that she may not have started any of the e-mail chains with classified material, essentially meaning that people were sending this information to her.

Returning to the issue of labels, taking into account that neither Clinton nor her people sent anything properly marked as classified on this e-mail system would actually mean that Clinton and her people were quite carefully trying not to send anything that was and that they knew was classified, contrary to the popular narrative and the conclusion of Comey, who even told Congress that there was no evidence to suggest that Clinton or her people were aware that any of the material passed through that server was classified.

5.) State Isn’t the FBI

Another important thing to note is that agencies often differ as to both what they classify and on levels of classification. Thus, something would still be considered classified even if the State Department did not feel it needed to be but another agency did, as happened with information in some of Clinton’s e-mails; to expect the head of one agency to be aware of other agencies’ classifications of information that that head’s agency did not feel the need to classify is, indeed, quite unreasonable.

The information we do have from the investigation shows that much of the material that was classified and passed on through unclassified e-mail channels was information that senior leaders needed to have to address pressing issues; thus, using standard secure terminals was impractical, impossible, or both, and skirting around that was the common practice under certain conditions.

The last point makes it clear that official procedures for the dissemination of classified information to senior officials when that information is needed in a timely manner are grossly inadequate and impractical to the extent that they are not followed so that important business may be done when it needs to be done. Comey would have to basically call the entire State Department extremely careless, for the classified content being improperly sent and improperly labeled was the product of unofficial but standard practice before Clinton’s tenure, and though he did note that the State Department was “generally lacking in the kind of care for classified information found elsewhere in the government;” that seems to be decidedly less harsh language (“extremely careless”) than Comey used to describe Clinton’s similar (the same?) behavior, even though State overall was just as big a factor in creating the situation as Clinton, if not more so.

Comey’s viewpoint as an FBI man failed to give proper weight to or understand the unique challenges and responsibilities of a global and very fluid State Department and the distinct culture it has in terms of handling classified information as a result of all that and why this unique approach is necessary. The FBI uses and handles classified information in ways that differ greatly from the State Department, and, if anything, it seems Comey imposed the FBI’s standard on Clinton and the State Department, without considering that the different approaches at State were longstanding necessary workarounds for a problematic system that was a particularly bad fit for the State Department.

*****

Conclusion: Clinton & Co. Were Careful, Comey Was Careless in His Characterization

Taking into account the aforementioned five points, at least as much an issue as Comey’s July press conference and his handling of what went down late in October and early November 2016 was his understanding of the underlying issues surrounding the whole Clinton e-mail saga.

In the end, no evidence existed that any sensitive information was given to the wrong people or enemies of America or that America’s national security was compromised in any way by Clinton’s use of a private server or the fact that some classified material passed through it. This was less by luck and more because Clinton and her people actually were careful with how they handled the information as they understood it and could have been expected to have understood it in the condition they received it.

If anything, the focus on Clinton herself has been a distraction from the real problem at hand: the lack of reform of a system that few seem to have confidence in or respect for under certain important conditions, a system that is outdated and not taking into account more rapid forms of information dissemination that are common in the twenty-first century and necessary for modern diplomacy. But that has been lost in the conversation. And that itself is a true scandal, one which Comey’s report would have addressed had he been more careful.

© 2018 Brian E. Frydenborg, all rights reserved, permission required for republication, attributed quotations welcome

Brian E. Frydenborg in an American freelance writer, academic, and consultant from the New York City area currently based in Amman, Jordan. The views expressed here necessarily represent only his own, not necessarily the views of any organization with which he has been, or is currently, associated. You can follow and contact him on Twitter: @bfry1981

If you appreciate Brian’s unique content, you can support him and his work by donating here 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter, and  are many more articles by Brian E. Frydenborg. If you think your site or another would be a good place for this or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Team Trump’s assaults on Mueller and McCabe are only the latest salvos in an intensifying Trump/GOP war on the rule of law and democracy itself

Originally published on LinkedIn Pulse March 19, 2018

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter@bfry1981) March 19th, 2018

Photo by author

Support Brian and his work by donating here

AMMAN/TEL AVIV/HAIFA — One can easily go back to the domestic tyranny of Athenian democracy in ancient Greece, of the will of the demos often trampling over minority rights, to begin a long history of systems that were somewhat democratic and then failed, or democratic in appearance but oppressive in spirit. These systems had little protection for dissenters and/or minorities, and used democracy for some to destroy it for others. They were Tocquevillian tyrannies of the majority, built on exclusion of both “the other” and those not in lock-step with the ruling faction.

Such systems are obvious in Erdoğan’s Turkey, Putin’s Russia, Duterte’s Philippines, but less obvious in many other places.

And today, under the leadership of Donald Trump and an increasingly craven Republican Party, the United States of America is moving in this direction.

I’m old enough to remember a time, not so long ago, when both major parties could be counted on to support the rule of law—a core foundation of true democracy—at a bare minimum. 

That is no longer the case.

At this point, it would be good to understand what we mean when we say “democracy.” In a pure, technical sense, there are no democracies today: every modern national system avoids direct rule by the demos, the people, in favor of a system in which the demos choose from among themselves a number of representatives to govern.

Modern democracy can be understood to transcend the 1.) necessary but not sufficient mechanism of popular elections and to extend to include among the sufficient conditions: 2.) a justice and law enforcement system that is applied relatively equally and not used as a political tool of self-empowerment and oppression of others by those in power (this necessitates some degree of judicial independence), i.e., “rule of law”, 3.) a free press that can hold all parties accountable and provide an accurate picture of reality to the public, 4.) and a population free to express itself and not stupid enough to be manipulated by propaganda and demagogues, that can make at least somewhat informed decisions based on reality (although organized differently, these requirements roughly line up with the UN General Assembly’s list of the “essential elements” of democracy).

The typical political candidate usually asks you to vote for her to use the system and improve it to benefit you, the voter.

Trump and many of his fellow Republicans campaign to go to war with the system, to destroy.

By their virtue and abilities and with the power of the people behind them, they will sweep away the bureaucracy, institutions, politicians, laws, rules, and norms that supposedly hold us back. There is no love or praise of the system or working within it; the system is rotten to the core, there’s nothing to work with, it only has flaws, deserves only anger and contempt. They need to take existing legitimate problems and grossly exaggerate their intensity or to completely fabricate problems that do not exist but that play into people’s preconceived notions and prejudices to create a climate where their obscenities become acceptable.

Orwell would most masterfully present to the world in his masterpiece 1984 with its concept of Newspeak the language of such politics, a formal language of propaganda, deception, and control: “The purpose of Newspeak was not only to provide a medium of expression for the world-view and mental habits proper to the devotees of [the regime], but to make all other modes of thought impossible.” Umberto Eco noted Orwell’s Newspeak makes “use of an impoverished vocabulary, and an elementary syntax, in order to limit the instruments for complex and critical reasoning.”

There can be little doubt that this describes what Trump and his advance guard of language warrior beserkers are doing today in their war on reality. Such propaganda and the sheer stupidity of many people dancing together emerge in a horror of a feedback loop: more and more people are receptive to more and more absurd lies and distortions that only help to increase the numbers of the herd of credulous creatures lapping up lies like manna from Heaven. 

The dire threat to democracy today is the weaponization of the press (with which Trump is already long at war) concurrent with weaponizing the people, who, in turn, weaponize elections, the victors of which, in turn, can weaponize the justice and legal system into a political tool to stay in power, reward supporters and punish opponents, and control or bend the media to its will, corrupting or destroying all four of the key elements of healthy democracy. If this is allowed to happen, it is always with some combination of the ignorance of those voters who buy into the rulers’ propaganda, voters’ tacit approval, and/or voters’ enthusiastic embrace of a system that explicitly favors them and explicitly discriminates and punishes those with differing views and/or identities; it is always because of, not in spite of huge swaths of the population.

Thus, Trump and his Republican allies target the justice system—the FBI, including former Director James Comey, the just-heavily-pressured-to-resign and now formally fired former Deputy Director Andrew McCabe, and the FBI agents conducting the Russia probe; the Department of Justice, including Special Counsel Robert Mueller and his staff and their Russia probe, Deputy Attorney General Rod Rosenstein and his predecessor, Sally Yates, as well as former tough-on-Russia U.S. Attorney for the Southern District of New York Preet Bharara; various courts and federal judges, including the FISA court and its Republican-appointed judges; and other people and agencies—the professionals of which dare to serve the Constitution as their oath demands before serving Trump the man and his partisan agenda. 

The firing of McCabe, the “memo” baselessly attacking the FBI and Justice Department from the ridiculous and disgraced Trump acolyte Devin Nunes, Nunes’s fellow House Intel Republicans nakedly trying to cover for Trump in prematurely ending their Committee’s investigation into Trump and Russia and their baselessly disputing the intelligence community’s strong consensus that Putin acted to help Trump and hurt Clinton in the 2016 election, and now calls from Team Trump to terminate Mueller’s probe (and just after it was revealed that Mueller subpoenaed the Trump Organization for Russia-related documents) along with more Tweets from the president himself attacking those involved in the Russia investigation—including Trump’s first direct attack against Mueller and his team—are just the latest salvos in a clear effort to not only clearly obstruct justice turn the people against true non-partisan public servants in the justice system and to pave the way for partisan hacks eager to do Trump’s bidding, an effort that (of course) has the full and active support of Putin’s Kremlin and its army of cyber-Cossacks.

NBC News

We are seeing with Trump-appointed Attorney General Jeff Sessions a clear lack of vigor in pursuing civil rights and voting rights/suppression cases so central to allowing fair play in our society and elections, a lack of vigor that directly aids GOP efforts to twist elections in ways that tip the odds considerably in its favor. We are seeing that Trump’s allies in Congress seek to undermine everything related to the Russia probe and, instead, call for unwarranted investigations into Trump opponents—including Hillary Clinton—or even those investigating him. Trump and the GOP-dominated Congress will also have the opportunity to appoint and confirm more federal judges in his first term than any president in the last 40 years. All of these bits and pieces add up to a very real danger of a one-party state in which the rules and laws are twisted to allow that party to unfairly maintain control, in which the levers of justice and law enforcement are used as tools to suppress efforts to challenge this unfair use of what is supposed to be “a government of laws, and not of men,” to quote John Adams.

This is what happens in Turkey, Russia, and the Philippines, as well as in many other places more outwardly autocratic when a new leader comes to power and cleans house, installing minions ready to serve the Dear Leader, not the people or the state. In these places, the Dear Leader equates himself with the state and loyalty to himself with patriotism for the nation; Trump isn’t even being careful about his attempts to do just that.

With Rachel Brand, the no. 3 top official at the Department of Justice, resigning earlier this year, if Rosenstein quits or is fired or also has to recuse himself, Trump will likely have the Department’s leadership in his pocket, led by Attorney General Jeff Sessions and whatever likely partisan loyalists Trump appoints and Republicans confirm to replace Brand and/or Rosenstein. This could place Mueller’s entire Russia probe into jeopardy, since, with Sessions having had to recuse himself from the Russia probe (which enraged Trump) because of his own Russian entanglements, the replacements of Brand and Rosenstein could act on behalf of Trump and end the investigation with little to stand in their way. And we now that Trump is even considering firing Sessions and replacing him with Trump loyalist and current E.P.A. head Scott Pruitt, who would not be under obligation to recuse himself and could easily squash Mueller’s entire probe.

This is not normal, and this is entirely unprecedented in American history. The people and the media and elections failed, their pillars crumbling, to prevent a man who so clearly had contempt for the rule of law from becoming president; now, the last pillar that can prevent us from a real danger of becoming a banana republic—a generally professionally-run non-politically-partisan justice system that is faithful first and foremost to the Constitution and its rule of law—is under siege. The women and men manning its ramparts are doing an exemplary job of standing up to tyranny, but they need help from the people and the press and elections that will punish those laying siege, not reward them.

See related articles by the same author on Comey firing: With Comey Firing, Trump Moves America Closer to Banana Republic Status; How We Respond Is Vital to Preserving Our Democracy and on much of the deep history Mueller is almost certainly looking into between Team Trump & Team Russia: Think You Know How Deep Trump-Russia Goes? Think Again: This Chart/Info Will Blow Your Mind; also see his June 22, 2017, article for The Jordan Times: Ideal governance in ‘the rule of law, and not of men’

© 2018 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

If you appreciate Brian’s unique content, you can support him and his work by donating here 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981). If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Originally published on LinkedIn Pulse June 8, 2017

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) June 8th, 2017

Andrew Harnikfi

AMMAN — On one level, I can’t blame the media for having days-long count-downs and hyping today’s hearing as much as any anticipated domestic non-election event in living memory. And there certainly was a singular, unprecedented historical significance in having a recently fired FBI Director who was fired while investigating the associates and administration of a sitting president only a few months later come and testify publicly before Congress and under oath that, essentially, the president was a liar and directed that he as FBI Director back off said investigation. That is certainly a big deal to anyone who can appreciate reality, politics, the rule of law, and what makes the American system of government fairly unique in the world.

And yet, there was little new in today’s proceedings: Comey released his main account the day before, and even much of that and other relevant details had dripped out in media reports over the course of previous days, weeks, and months. These media outlets are not perfect, but are by and large credible, and the way these details were reported left only the most conspiratorial among us to flat-out deny their credibility. Still, even with Comey’s public testimony today, we still have a he said/she said situation (Comey said Trump was a liar, then Team Trump said Comey was a liar), and anyone who wants to believe Trump over Comey has seen nothing new today to incline them to believe otherwise: these were still private moments between two men that can’t be legally proven without some sort of recording.

While I give “credit” to the Republicans of the Senate Select Committee on Intelligence for being less nakedly partisan than many GOP senators serving on other committees, we still saw today plenty of evidence that Republicans, by and large, are finding ways to more subtly cover for Trump and shift the focus to leaks or Hillary Clinton’s email server woes (oh, McCain…) rather than to hold Trump accountable, and many other Republicans are being far less subtle. More importantly, we need to acknowledge that this hearing, for all its hype, is unlikely to actually change much, if anything, outside of experts and aficionados recognizing its unprecedented nature.

Not “the public” – Doug Mills/Twitter

For one thing, the media made much of the long lines of members of “the public” who were waiting to get a seat in the hearing room before the hearing. In the interest of full disclosure, I lived in the Washington, DC, area for some seven-and-a-half years, including spending four months interning on Capitol Hill, and the pictures and video of the lines made clear that these were not members of the general public; no, just looking at the outfits they were wearing, it was clear these were Congressional interns and staffers, media folks, and other DC politicos (there is a fairly narrow range of how such people dress for work and it is most certainly not the same as the rest of the general public). The point I am making here is, as interested as people like myself are in things like this, and as much as this was undoubtedly a hearing that generated far more public interest than usual, there are still going to be many people who either do no watch this or pay close attention. And most Americans have their mind made up about Trump at this point, one way or another; only a small sliver would possibly change their mind, and, despite all the hoopla about today’s proceedings, there is no reason to think that Trump’s supporters saw or heard anything today that would make them dramatically change their mindset, a mindset that believes the media, liberals, the government, and others are unfairly out to destroy Trump, regardless of the facts.

Sure, the president may see a dip in his poll numbers, but he has plenty of time for new outrages, distractions, even a war to make today’s events seem like a distant memory. I am nowhere near convinced that anyone who voted Trump or Republican in November won’t do so again because of what happened today, let alone switch to the left, or that people not already planning to vote for Democrats will now be convinced that, as of today, supporting the Democratic Party is the course of action to take. Bernie Sanders will not suddenly announce tomorrow that he will formally join the Democratic Party, nor will he stop slamming it or stop prioritizing his “movement” over registering Democrats and strengthening the Democratic Party. It won’t make anyone who voted Green or Libertarian in November even though they knew Trump was worse (or even if they didn’t) start supporting the Democratic Party. And it won’t change the minds of Trump supporters who already don’t trust the media, Comey, or the “Deep State” FBI over Trump.

However, in the near future, we may be able to test is there is any effect: the special election in Georgia’s Sixth Congressional district, exit pollers have a chance to ask if today’s hearing affected anything. Yet even if Democrat John Ossoff beats Republican Karen Handel, that is hardly proof that this hearing made a difference, and I doubt it will do so; if he loses, it becomes harder to make that case, and the possibility that it did make a difference but that it still didn’t affect the final outcome would indeed be a bitter pill to swallow for excited liberals prematurely plotting Trump’s impeachment and reveling in visions of sugar plumbs dancing in a Democratic House.

What we saw today was a preview of what Special Counsel Mueller is investigating, but he has far more information that anything we saw in the reports leading up to today’s hearing or that was “revealed” in today’s hearing. But that investigation is a long way from being completed, and that investigation will carry far more weight and have far more substance than today’s hearing and, if anything is to have a serious impact, that will be what does.

People expecting today’s events to have major substantive effects are simply setting themselves up for disappointment. In our era of hyperpartisanship and alternative realities, it will take more than objectively damning and historically unprecedented sworn testimony from a non-partisan, career civil servant to sway hearts and minds, sadly, much, much more.

What we are generally hearing about as far as Trump’s people being investigated might result, eventually, in some resignations or criminal prosecutions, but that is just part (if more than just a tip) of an iceberg that still remains submerged and out of public view; no, if Trump is brought down, it will be because of his long-term business deals that involved laundering Russian money tied to Putin and the Russian mafia, as I’ve been writing about for close to a year now.

My pre-hearing predictions turned out to be spot on: today’s hearing was a big deal for history and the pundit class, but not myopic Trump voters and purist liberals whose grip on reality and objectivity loosened long, long ago.

See related work:

The Trump-Russia-Mob Connections Details You Won’t Find Anywhere Else

The (First) Russo-American Cyberwar: How Obama Lost & Putin Won, Ensuring a Trump Victory

Welcome to the Era of Rising Democratic Fascism Part I: Defining Democracy, Fascism, and Democratic Fascism Usefully, and Spin vs. Lies

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981). If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Originally published on LinkedIn Pulse May 10, 2017

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) May 10th, 2017

NBC News

AMMAN — In banana republics, in increasingly-dictatorish dictatorships like Egypt, when someone challenges the Dear Leader, they are removed from power. When the dictator feels far more powerful, like Kim Jong-Un in North Korea, that person may be executed with an anti-aircraft gun.

If liberals smug in their “accomplishments” in their marches (I’ve lost track of how many disparate marches there are) think they and the nation are winning against Trump now, it’s time for them to wake the *&^% up, put aside their “boutique issues,” and unite behind the Democratic Party (for all its imperfections), which is the only entity in the here and now able to stand up to Trump besides the bureaucracy within the government (a government that is clearly intent on and is in the process of carrying out a purge of that bureaucracy), before we succumb to what I label democratic fascism.

Liberals and America are not winning. Every temporary win is at the mercy of the presidents’ whims; the Muslim ban? Trump will have plenty of time to appoint new judges to do his bidding and an unusually high number of them. Flynn out? Trump is already souring on McMaster, his replacement, one of the few “adults in the room” in the “axis of adults” that non-Trump supporters desperately try to tell themselves and the public will moderate/are moderating the “madness of King Donald” (and remember, as quickly as Trump “moderated” on any particular issue, he can just as quickly un-moderate). Senate Republicans have zero women working on health reform after the House’s passage of Trump/Ryancare. What does the women’s march mean when women’s health services are gutted, when judges are appointed that will take away women’s access and ability to decide on how to handle their own pregnancies? And Trump and the unhinged überpartisan Republicans will now be able to appoint an FBI director (Giuliani? Christie?) who will, in effect, bury the FBI’s investigation into ties between Trump and Russia and the 2016 election.

To quote Gen. Michael Hayden, former NSA and CIA chief, “I’m trying to avoid the conclusion that we’ve become Nicaragua;” to quote Jeffrey Toobin, CNN’s all-star legal analyst, “this is not normal;” and to quote Bill Maher, to those of you who though Hillary Clinton was merely the lesser of two evils, “go &^%$ yourselves,” because we now have the worst threat to our system of government, to the survival of our republic as a republic, since the days of Nixon, mainly because you couldn’t bring yourselves to support a candidate who was easily closer to your politics and beliefs and instead saw that a serial-lying narcissistic monster of a man-child was installed in the White House after only winning 46.1% of the vote in what was a de-facto two person race, since far too many of you threw your votes away on non-Clinton non-Trump votes.

In fact, the only times anything like this Comey firing has happened with a president was during Nixon’s presidency, during the 1973 Saturday Night Massacre, when Nixon fired the special prosecutor—Archibald Cox—investigating the Watergate scandal, and arguably when Andrew Jackson—Trump’s apparent historical idol—ignored the Supreme Court when it came to removing Native American tribes from America’s Southeast. In Nixon’s time, significant numbers of Republicans put country over party and helped to lead the fight against Nixon’s abuse of both office and power. 

Does ANYONE not drinking GOP Kool-Aid think that today’s farcical Republicans will do the same? Whether the “Benghazi” (really Clinton e-mail) “investigation” (really witch hunt) or the recent Russia hearings where the vast majority of Republicans focused on leaks and unmasking, it’s clear that, no, Republicans in Congress will not put country over party, even when it comes to vital issues of national security. Even as I write this, I am seeing Republican Senate Majority Leader Mitch McConnell defend Trump’s firing of Comey using hackneyed partisan talking points that ignore the current context. I fully expect Republican Speaker of the House Paul Ryan to do the same thing, and I expect the same as well from the vast majority of Congressional Republicans or at least expect their reactions to be far from condemnation, and so far, this has clearly been the case.

If you read Deputy Attorney General Rod Rosenstein’s letter about Comey’s firing, you’d think that Trump fired Comey because of his unfair treatment of Hillary Clinton during the e-mail/server investigation, treatment of which I wrote about repeatedly before the election and which, all things being equal, seems to have cost her the election (not that other factors did not also play into the loss). So, yes, objectively, Comey should have been fired, but fired by Obama long ago, and yet, this would have looked so unseemly for Obama, Clinton, and the Democrats, and been such political suicide for Obama, that that was never really an option. Long after these events in question, Trump apparently expects us to believe that those reasons related to the handling of the e-mail/server investigation are why he fired Comey.

Nothing could be more absurd or further from the truth. 

There are three real reasons for why Trump fired Comey: Russia, Russia, and Russia (and a fourth: Trump feeling he could not control Comey). And Trump made it clear that the investigation of both Trump’s ties to Russia and Russian election interference (cyberwar!)was at the center of his concerns when he mentioned that investigation in his own letter firing Comey.

It is fitting that Trump included what is virtually certainly a lie—that Comey thrice told Trump that Trump was not under investigation—in his own letter; still, I don’t believe nearly enough people are paying close attention; rather, I believe this is how democracy dies. So soon after Star Wars day, Trump is showing his authoritarian Emperor Palpatine colors faster than some would have anticipated.

Oh, and all this is the same day (just hours after!) that federal grand jury subpoenas went out in relation to the Russia investigation, just days after Comey had requested more resources to conduct his Russia investigation, just one day after Sally Yates’s testimony in front of a Senate Judiciary Committee subcommittee had made it clear she was fired just days after she had warned the White House about Gen. Flynn being compromised by Russia, and with Attorney General Jeff Sessions—who had pledged to recuse himself from all Russia/election 2016-related matters because of his own misconduct—acting to help remove Comey, who had been leading the Russia investigation, despite Sessions’ vow of recusal.

This is where we are now, and this is the first truly tipping-point moment in Trump’s presidency: many years from now, historians will look at this moment and look at how the people and their elected political leaders reacted, in particular the leaders of the Republican Party now (especially in the Senate) and the American people when they get to weigh in during the 2018 midterms. If we don’t handle this appropriately, this moment will likely be seen as a moment when the system failed and a lurch toward tyranny happened; even if that lurch doesn’t put us firmly in the realm of tyranny and authoritarianism, it will be a tall task to lurch back in the right direction and it will put us ever closer to even more dangerous tyrannies that may yet be self-inflicted upon our body politic.

The ancient Roman Republic lasted far longer than America’s republic has thus far lasted; looking at its example of the erosion of democratic (small “d”) republican (small “r”) institutions and their eventual collapse, once centuries-long precedents were broken, the ensuing consequences proved fatal for a system that had been stable for longer than America has existed as a nation; this should all give us pause as we wait and see if, or to what degree, the United States has descended/will descend to the level of a banana republic under President Trump, his Administration, and with the help of his supporters, enablers and voters.

© 2017 Brian E. Frydenborg all rights reserved, no republication without permission, attributed quotations welcome

See related articles:

Trump & GOP Destroying the Pillars of Democracy

The Trump-Russia-Mob Connections Details You Won’t Find Anywhere Else

The (First) Russo-American Cyberwar: How Obama Lost & Putin Won, Ensuring a Trump Victory

Welcome to the Era of Rising Democratic Fascism Part I: Defining Democracy, Fascism, and Democratic Fascism Usefully, and Spin vs. Lies

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981). If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Nevada Key: State-by-State Predictions for Election 2016: Barely or BIGLY, Trump Likely to Lose

It could be close, but it may not be: Democrat Hillary Clinton should still win at least 274 Electoral College votes even if she loses big states like Ohio, North Carolina, and Florida, thereby defeating Republican Donald Trump on Election Day, and Nevada is the likely key; below, a state-by-state analysis of every competitive state.

Originally published on LinkedIn Pulse November 7/8, 2016  

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) November 7th/8th, 2016

270towin

AMMAN — I wrote after the third debate that the election was over and that Clinton would win unless there was some kind of major Surprise. Then, FBI Director Comey spoketh… And it’s closer than many thought possible.

As we pass through the homestretch and near Election Day, the discussion inevitably turns to maps and geography more so than any other time in the general election, and Americans get to reacquaint themselves with states other than their own, the existence of which they tend to forget when there is not a presidential election at hand. “Who are these mysterious denizens in distant lands who look at the same sky we do, can agree we both seem the same color, and then agree on nothing else whatsoever?” many ask.

Well, here is your guide to the map, states, and math of the Electoral College that will determine who will be the next president of the United States of America.

In order for Trump to defeat the favored Hillary Clinton, he would have to win almost all the battleground states. Now, this is why Clinton is favored in every major statistical model, and the gold-standard in polling analysis, Five Thirty Eight, has two models—one taking into account only polls and another taking into account polls and a few other factors like demographics and economics; the thing is, it’s not as daunting a task to win for Trump as one might think, hence Five Thirty Eight’s models wisely have Trump at about a 1-in-3 shot to become president.

And keep in mind folks: our magic number here is 270.

The Locks:

First, we have the states that are locks, barring a polling disaster or a political miracle (for all states, the number in parentheses is that state’s—and DC’s—number of Electoral College votes):

Hillary’s got these locked down: Vermont (3), Massachusetts (11), Rhode Island (4), Connecticut (7), New York (29), New Jersey (14), Delaware (3), Maryland (10), Washington, DC (3), Illinois (20), Washington (state) (12), Oregon (7), California (55), and Hawaii (4), for a total of 182 certain electoral votes for Clinton.

Donald’s got these states locked down: West Virginia (5), South Carolina (9), Kentucky (8), Tennessee (11), Alabama (9), Indiana (11), Mississippi (6), Missouri (10), Arkansas (6), Louisiana (8), North Dakota (3), South Dakota (3), Nebraska (5, but only 4 are certain because the state splits its votes), Kansas (6), Oklahoma (7), Montana (3), Wyoming (3), and Idaho (4), for a total of 116 certain electoral votes for Trump.

Locked electoral votes: 182 Clinton, 116 Trump

The Near-Locks:

For Clinton:

Then, we have states which look like they could be competitive in theory, but will not be unless something crazy happens: Virginia, Georgia, Minnesota, Texas, New Mexico, Alaska, plus Nebraska’s 2nd Congressional District; let’s go through each by which candidate is an overwhelming favorite and why.

Virginia (13): Before Obama won Virginia in 2008, the last time Virginia voted for a Democrat was in 1964, but since 2008 it’s been solidly blue, only sending Democratic U.S. Senators to DC since and reelecting Obama in 2012. Its main population growth has been in the DC suburbs, an area with a young, diverse increase in population mainly working for or contracting with the much-reviled status-quo “Establishment” government; they are the system and won’t vote for someone who advocates tearing it down. So while Clinton’s pretty steady lead is modest, don’t expect it to succumb to a Trump assault. Virginia will almost certainly stay in Clinton’s camp.

New Mexico (5): While Trump appears within striking distance in New Mexico, don’t let that fool you: only once since 1992, in 2004, has New Mexico voted for a Republican for president, and both of its senators and 2 out of 3 House seats are Democratic. Also, Clinton’s polling lead there has generally fluctuated between modest and good, but her lead has been steady. And, of course, Trump’s ridiculous comments about Mexican immigrants has riled up the normally relatively apathetic Latino bloc: Latinos—and Mexican-Americans especially—are coming out to vote for Clinton in record numbers, and New Mexico is fertile ground for this trend to keep it solidly in her column on Election Day. It should very much end up in with Clinton’s in the end.

Minnesota (10): Minnesota is the most liberal state not on a coast in the country: it hasn’t gone for a Republican presidential candidate since Nixon in 1972 and did so only two other times—each time for Eisenhower in the 1950s—since 1932. In addition, 6 of its 8 House (and both Senate) seats are in Democratic hands—the only state in between the coasts with such an imbalance in favor of Democrats other than New Mexico—and Minnesota polls have shown a consistent and generally sizable lead for Clinton there. Keep dreaming, Trump.

This gives us an addition 28 electoral votes that are almost certainly going to Clinton

28 near-lock + 182 lock = 210 in Clinton’s column total

For Trump:

Georgia (16): The polling has been mighty close in Georgia, but, for the most part, it’s been a consistent lead for Trump, if only a small one; but Democrats shouldn’t kid themselves: while Georgia is changing demographically and is becoming a more diverse state, the state-level political machine is very much dominated by Republicans, who have ensured that only about 28.5% of its House delegation is Democratic and both of its senators are Republicans even though nearly 45.5% of its voters voted for Obama in the 2012 election; the state system is clearly stacked against Democrats. There is a reason the Voting Rights Act (VRA) preclearance provisions were so focused on the South: white conservative southerners had used the state and local governments for generations there to disenfranchise southern blacks; with the conservative Roberts Supreme Court striking down the preclearance provision of the VRA, in 2013, overall in the South it is quite clear that Republican state authorities are engaging in systematic attempts to make it harder for people to vote in heavily Democratic and heavily African-American areas, with at least 655 polling locations closed since the Supreme Court decision in the six southern states where data is available. Georgia is not included in the available data-set, but Georgia can almost certainly be sure to be part of this trend and, especially with African-American turnout seemingly down compared to when Obama was running, it would take a miracle for Clinton to win Georgia.

Texas (38): Yes, a large number of polls show that Clinton is within striking distance in Texas (and, personally as a Democrat, I can’t wait for that state to go purple and then blue), but it’s not going to happen in 2016, barring some crazy miracle. And yes, while unlike African-Americans, Latinos will be turning out in historic numbers for Clinton, with Republicans firmly in control of the state (the state hasn’t voted for a Democrat for president since 1976, only about 30.5% of its House delegation are Democrats and both its senators are Republicans both even though almost 41.4% voted for Obama in 2012) and trying to suppress voter turnout (at least 403 polling places have been closed in the state since the 2013 VRA decision), it would take something pretty crazy for her to top Trump in Texas.

Alaska (3): Though polls have shown a highly unusually close race in Alaska, and Five Thirty Eight’s models show Clinton with roughly the same chance of winning Alaska as Donald Trump has of winning either Wisconsin or Michigan, calm down, people, Trump is still up and it’s Alaska: this state only voted for a Democrat once, in 1964. Alaska is a diverse state, with Alaskan Natives/Native Americans a large portion of Alaska’s population—nearly 15%—and though they vote heavily Democratic, they have some of the lowest voter turnout rates of any group in the United States and hopes of Clinton taking the state would ride largely on the difficult task of turning them out. Don’t stay up late expecting Alaska to surprise anyone; it’s almost certainly going to be Trump territory.

Then there’s Nebraska’s 2nd Congressional District (1), which famously voted for Obama in 2008, but not in 2012; whispers of Clinton having a shot have been heard, but in the scant polling we do have, nothing showed Clinton to be competitive, and there is no other evidence that this will be the case. Yes, there’s so little data that anything is possible, but take it to the bank that this is going stay Trump territory.

This adds another 58 electoral votes that are pretty definite for Trump

So 116 lock + 58 near-lock = 174 total for Trump total

So, certain/virtually certain Electoral Votes: 210 Clinton, 174 Trump

Now, below is where it gets more interesting…

The Upsets-Are-Very-Possible-States

Departing from the above states, we have a number of states where one candidate is moderately favored but where an upset is quite possible: Maine, Pennsylvania, Michigan, Wisconsin, Iowa, Utah, and Arizona. Let’s break them down by which candidates are favored.

Advantage Clinton:

Maine (4 at stake in total, 3 at stake for the 1st Congressional District and overall winner): Overall, Maine is surprisingly close, and while a few polls have it very close, most have given Clinton a healthy lead; still, Maine is a very white state, and the whitest states have been her weakest during the primaries against Sanders and are also her weakest during this general election at the same time, but unlike most very white states, Maine’s population is relatively well-educated, a trait that hurts Trump’s chances. It is not very populous state, so any swing can make a big difference; Clinton is still an overwhelming favorite, and the state hasn’t voted GOP in a presidential race since 1988, but don’t count Trump out. Trump is far more likely to get 1 of Maine’s 4 electoral votes, from the state’s 2nd Congressional District (see further below), than he is to win the state outright.

Pennsylvania (20): While Pennsylvania has tightened in recent days, Clinton’s lead here has been averaging a very consistent moderate one, though one that has shrunken a bit in recent days. It’s not big enough to close the window on Trump but isn’t so small that it doesn’t make her a clear and substantial favorite. Yet possibly lower African-American turnout could mean Clinton doesn’t get quite the boost she is hoping for from Philadelphia.

Ballotpedia

And another point, and this is where we get into the whole early-voting situation and FBI Director Comey’s letters: Pennsylvania is one of a handful of states where there is no early voting and where only a specific set of reasons allow a person to absentee vote. Before Comey’s latest public statement, released yesterday, which exonerates (for a second time) Clinton of any prosecutable wrongdoing in her e-mails/server situation, I would have said that his previous incredible statement of October 28th—that new e-mails were found in the process of a possible sex-crime investigation on Anthony Weiner’s laptop, which he apparently shared with top Clinton aide Huma Abedin, which may be relevant to the Clinton investigation but which neither Comey nor the FBI has begun examining, meaning there was no evidence to report yet (a statement that altered the race, hurt Clinton, and helped Trump)—could have led to a dip in Clinton’s support in general and especially in states that do not allow early voting, since very few people there would have been allowed to vote before that damaging statement from Comey came out, and since people voting on Election Day would have had this e-mail thing as likely the last revelation of the 2016 campaign and the piece of information most fresh in their minds in the voting booth. 

In other words, in a close race, that October 28th Comey revelation could have made it closer or even changed the outcome. With the new revelation exonerating Clinton from wrongdoing coming only 48 hours before Election Day, on one level, this probably reduces some of the damage from the earlier statement; but the fact is that that previous statement gave America a week of non-stop negative coverage of Clinton and this new one came so late it might not make much of a difference at all: people might even miss the information depending on how busy and engaged they were/are with just two days left (a further question that will be very difficult to answer is: how many people would have voted differently during early voting if they had known now that they know from Comey’s latest revelation and/or if they had never heard the previous Comey statement; that is a mighty difficult question to answer, yet it is still very troubling that we even need to be asking this question, much to the discredit of Comey and the FBI). Another thing to consider is that even though this is “good” news for Clinton, it is still news that keeps the spotlight on this e-mail/server issue, one of Clinton’s worst, and not the issues, not her positives, not Trump’s negatives. Especially in a close race that does not allow early voting, the whole FBI e-mail stuff is still what has colored the last stretch of the campaign, so even with the latest exoneration this stuff probably hurts, more than helps, Clinton.

Still, Pennsylvania looks good for Clinton, and the state hasn’t picked a Republican for president since 1988, but it doesn’t look that good for her, and Trump has a decent chance of winning, or failing that, quite a good chance of making Pennsylvania a very tight race and much closer than expected. Bet on Clinton, but don’t bet the house.

Michigan (16): Michigan is quite an interesting state; on paper, it’s generally shown a steady and moderate Clinton lead in the polls, but with a few exceptions. However, Michigan became one of the greatest polling disasters in polling history—and the greatest in primary history—during the Michigan Democratic Primary, when Bernie Sanders ever so narrowly upset Hillary Clinton; it was the surprise Brexit (so far) of the 2016 election season. There are plenty of reasons—lower black enthusiasm, higher white enthusiasm, anger at trade deals, etc., that Trump won big in the primary and Clinton lost to Sanders—to look at a Trump upset as a serious possibility in this state. Plus, the state-level government is totally controlled by Republicans. And oh, Michigan is another state without early voting and which is strict with absentee voting, raising the possibility of Clinton’s e-mails weighing disproportionately heavily on voters’ minds here. She is definitely favored, and Michigan hasn’t gone Republican for president since 1988, but the people at the Clinton campaign sure aren’t taking Michigan for granted; nor should they. 

Wisconsin (10): With a generally steady and moderate lead for Clinton, Wisconsin isn’t quirky like Michigan, and it isn’t as close in polling as Pennsylvania, but that doesn’t mean it is out of Trump’s reach: the state government is totally controlled by Republicans, with controversial Gov. (and former 2016 presidential candidate) Scott Walker at the helm. Conversely, if Michigan is possibly weaker for Clinton because she narrowly lost to Sanders there, it must be mentioned that former 2016 Republican presidential candidate Sen. Ted Cruz trounced Trump in the Wisconsin Republican Primary; additionally, Wisconsin hasn’t voted for a Republican president since 1984. Both Michigan and Pennsylvania are better bets for Trump, though he still has a decent, if smaller, shot at Wisconsin.

This adds 49 more electoral votes to Clinton’s column, probable but far from certain or even close to certain

49 likely + 210 lock/near lock = 259 looking good for Clinton overall

Advantage Trump:

Iowa (6): For a while it seemed like Iowa would be pretty competitive, but as the campaign draws to a close, the polling trends have moved decidedly in Trump’s favor; Clinton still has a shot, but that shot has become smaller just when she would have hoped the opposite would be true. Expect Trump to prevail in Iowa.

Utah (6): Utah undoubtedly has to win the novelty prize of “most interesting race:” For a while, the state was host a tight three-way race between Trump, Clinton, and independent conservative and one of the last true standard-bearers of the conservative #NeverTrump movement, Mormon Utahn Evan McMullin. Unlike the vast majority of conservative Christians—who have proven themselves little more than rank hypocrites in supporting Trump after harping so long on “family values” as an issue, Mormons have admirable actually demonstrated a fidelity to their principles and have never warmed up to Trump; in fact, they really don’t like him. But polls in the last few weeks have shown Trump with a moderate and steady lead, and Utah seems to be his to lose. Still, with many Mormons being so principled and passionate in their feelings against Trump, it’s quite possible that anti-Trump Mormons may turn out in higher numbers than expected and vote for their fellow Mormon. McMullin has been surprisingly impressive, and still has the ability to shock and be the surprise of the election, but it is still an uphill battle for him, and even more so for Clinton in a conservative state, no matter how close they are; expect Trump to win but allow room for a surprise.

IF McMullin does pull off an upset—hardly inconceivable—his victory could throw a monkey wrench into the whole Electoral College math in some interesting scenarios where neither Trump nor Clinton hit 270 Electoral College votes, sending the election… to Congress? See more at the end of my article (coming soon)…

Arizona (11): Arizona has only gone once for a Democrat in a presidential election since 1952: Bill Clinton, in 1996. This time around, there has been a mostly steady and moderate lead for Trump, though a few more relatively recent polls have it very close and a few even have Clinton up a sliver. It should still go Trump, except… as mentioned, there is a dramatic increase in Hispanic voter turnout this election, and this could put Arizona in play. But there is also an increase in white turnout, as well, which may even outpace the big bump in Latino participation. And Republicans control the entire state government, having at least 212 polling places been closed in the state since the 2013 Supreme Court VRA decision. Even with a Latino surge, with the polls the way they are, a competing white surge, the state dominated by the GOP, and a longer-term national Republican strategy of voter suppression already in place, Arizona is likely to remain with Trump.

This gives another 23 likely, but hardly certain, electoral votes to Trump

23 likely + 174 lock/near lock votes = 197 for Trump

So far, that’s 259 for Clinton and 179 for Trump

The Battlegrounds

Finally, true battleground states where things are most in doubt are Florida, North Carolina, New Hampshire, Ohio, Colorado, and Nevada, as well as Maine’s 2nd Congressional District; we’ll divide these into leans and true tossups.

Leans Clinton

Colorado (9): Clinton had a good-sized lead in Colorado for most of October, but after the Comey announcement of October 28th, polling showed the race here tightening considerably. Still, even though the race is closer, she is shown to have a clear if slight lead, and the fact of the matter is that the demographics of Colorado are very much against Donald Trump, not just because the state is diverse, but because much of the white population is young and Millennial-heavy, profusely college-educated, and liberal. It may be a very close race, but this ground is not favorable to Trump, not enough to give him a victory without a lot of luck and a big surprise. Colorado is a state that has changed a lot and now seems firmly on a path that will keep it a blue state in terms of presidential politics for the foreseeable future.

Nevada (6) TIPPING POINT: The polling in Nevada—perhaps the most difficult state of all to poll for a mix of reasons—has been balanced out to being pretty much tied (not so much with actual ties but with a number of polls canceling each other out), and it would be easy to include it in the tossup category… Except that a lot of early voting data suggests that the race is basically over, that Latino and Democratic turnout has so exceeded expectations in favor of Clinton and without an increase in whites large enough to offset this, that the race can already be called for Clinton in the eyes of the most reputable authority on Nevada politics, Jon Ralston, especially considering that the vast majority (70%) of Nevada voters voted early in 2012.

So Clinton might have already won Nevada before Election Day, with the Nevada State Democratic Party and Harry Reid’s political machine delivering her a victory through an exceptional early-voting-drive effort; it would be fitting particularly for Reid, since it was arguably his machine that delivered Nevada to Clinton in the contest with Sanders, and, as I have pointed out, that was the point where Clinton effectively defeated Sanders for the nomination, even if many others did not realize this at the time. Yes, this would be quite a curtain call for Reid, set to retire after suffering a terrible head injury while exercising back on New Years’ Day in 2015.

Given what we know from early voting, it’s very hard to see Trump winning Nevada.

This means that looking at how uncertain other parts of the race are, considering how in-doubt Nevada was until early voting data came in and how Colorado was thought to be much less competitive than Nevada, if we look at the map and do the math, if we consider Colorado a state more secure for Clinton than Nevada, then we can basically say that Nevada is the tipping point, because it is with Nevada secure—the least secure of all the contests for her in which she is favored—that she has enough Electoral College votes to win the election regardless of who wins New Hampshire, North Carolina, or Florida, the outcomes of which are far more in doubt; Nevada in this case is the kingmaker, then, or, rather, we should say queenmaker.

So 15 electoral votes (with Nevada being the final 6) + the 259 we already gave to Clinton = 274.

Game over.

*****

But, let us finish our analysis:

Leans Trump

Maine’s 2nd Congressional District (1): Polls previously had this very rural, extremely white part of Maine solidly in Trump’s camp, but over the last month is has tightened and now the polls indicate it will be a toss-up. But aside from very being white, it is also not as well-educated as the rest of Maine, making it fertile ground for Trump; thus, even with the numbers indicating a tie, in the end, the demographics suggest that Trump is more likely to prevail than Clinton.

Ohio (18): Ohio always seems to be a crucial state in elections: since 1804—its first election—the state has only failed to vote for the winning presidential candidate 9 times, and only twice in the 20th century, in 1944 (weirdly enough) and 1960.  But there’s a pretty good chance that Ohio will pick the loser in 2016, for the first time in 56 years. Clinton has a decent shot, but not a great one: for most of the last month, Trump has had a steady and moderate lead, but very recently a number of very close polls came out; if not for these polls, I would have had Ohio in the previous category. On one level, Ohio is mad about Bill Clinton’s NAFTA trade deal, plus African-Americans, as mentioned, have been coming out to vote in lower numbers than in 2008 and 2012, Ohio included; on another level, Clinton still managed to beat Sanders soundly here in the primary, while Trump was embarrassed by then-rival and sitting governor of the state John Kasich, who refused to vote for Trump and wrote in John McCain’s name in early voting. Still, the Republicans control the entire state government and Trump is definitely favored here: Clinton has about as good a chance of winning Ohio as Trump does of winning the whole election: according to Five Thirty Eight models, about one-in-three. It could be really close, but Trump should win here.

This means we have 19 electoral votes that lean trump

19 leans + 197 likelies, locks/near locks = 216 electoral votes for Trump

That’s 274 electoral votes for Clinton, 216 for Trump even before the most in-doubt races are factored into the mix, but let’s go into them anyway, since the above numbers are likely, but hardly guaranteed.

True tossups:

New Hampshire (4): Clinton had a relatively steady lead here, but polls tightened over the last week or so, and even though she still seems to have an overall edge in polling, there are many contradictory polls; given New Hampshire’s famous propensity for bucking trends and defying prediction, being independent-minded, and having a strong libertarian streak, it’s just too hard to predict this one. Clinton got crushed here by Bernie Sanders, and Trump dominated his opponents here on the other side of that primary, but the state also voted for Obama twice and voted for Kerry in 2004. The state is also overwhelmingly white, but also very educated. On top of it all, New Hampshire is one of those few states that does not have early voting and has strict absentee voting, begging the question of how the whole FBI/Comey stuff will play out. New Hampshire, you’re tough, and I honestly don’t have a prediction to make.

North Carolina (15): Going into the final few weeks, a number of conflicting polls emerged, with a majority showing Clinton with a slight-to-moderate lead, but a strong minority giving Trump a lead, and most of those a slight one; the final poll showed a tie. If this wasn’t confusing enough, North Carolina is a relatively educated state, with a strong number of college-degree holding whites and a large African-American population; conversely, white turnout is up in North Carolina and African-American turnout is down in the state after the GOP closed a number of polling sites, and the state government is totally controlled by Republicans, who have been exposed there as systematically trying to “target African-Americans with almost surgical precision” with voter suppression in a federal appeals court rulingfrom late July that struck down some of the North Carolina Republicans’ attempts to restrict voting, a ruling which a 4-4 deadlocked Supreme Court was unable to overturn at the end of August (had Scalia survived, he certainly would have made that a 5-4 decision overturning the federal appeals court ruling). The state voted for Obama in 2008 (the first time a Democrat won the presidential race there since Jimmy Carter won the state in 1976), but then went for Romney in 2012, and with plenty of reasons for both campaigns to be optimistic and both campaigns to worry, it is unclear how the state will go once all the votes are counted in 2016.

Florida (29): Oh, Florida, it’s always crazy in Florida on Election Day. Polls in Florida have been a bit all over the place, about half showing Clinton with a small lead and half showing Trump with a small lead (plus one) tie. And there are reasons for both sides to be optimistic: Clinton is happy that Florida is a diverse state and that in its vibrant Latino community turnout is dramatically up in early voting, but the white vote is also way up, the Democrats’ lead in early voting is less than it was in 2008, and Republicans control the entire state government, a position from which they may be engaging in voter suppression, as Republicans have been apt to do this election cycle: after Hurricane Matthew hit, Republican Governor and enthusiastic Trump supporter Rick Scott did not even want to extend voter registration, but he was sued by the Florida Democratic Party and a federal judge forced him to extend the deadline. Thus, Florida, as usual, is also too close to call, give the polling and what I laid out.

I really think these last three states are just too close to call, so that’s 48 electoral votes that are anybody’s guess. But this still gives us a range:

Likely closest result: 274 Clinton, 264 Trump

Likely biggest gap: 322 Clinton, 216 Trump 

The Crazy Scenarios if Nobody Gets to 270

Then, there are the crazy scenarios with a realistic chance of actually happening, where neither Clinton nor Trump hit 270.

For starters, let’s say that the states go as I have predicted and say that New Hampshire goes for Clinton with North Carolina and Florida going to Trump, with the exceptions that Trump pulls off upsets in Nevada and Colorado: ladies and gentleman, we would be tied 269-269, and the election would go to the incoming Congress (more on that in a bit, and wow, Maine’s 2nd Congressional District would look mighty important in such scenario).

But then we have other crazy scenario: if Evan McMullin wins Utah (hardly an extremely remote possibility given what I laid out) there are a number of very close scenarios where candidates could be just a few electoral votes shy of getting 270, sometimes just a single vote (Maine’s 2nd Congressional District could be a kingmaker here if it went Clinton) . And, again, we go to Congress.

There are other scenarios where neither Clinton nor Trump reaches 270, but these are easily the most likely, the other being dramatically more remote but hardly impossible (scenarios involving less competitive states above the battleground tier, as outlined above).

I’ll avoid going into those since they are far more remote, but feel free to play with your own maps.

But, under the Constitution, when the election goes to Congress, the president is chosen by the state congressional delegations from the incoming House of Representatives class (extremely likely to be majority-Republican), with each delegation getting one vote: all of Texas’ congressmen are equal to Montana’s one congressman. They would be allowed to choose from the top three electoral vote receivers, and if McMullin’s Utah delegation could pull in other Republican states’ representatives who are hostile to Trump into a bloc, they could prevent enough delegations from picking Trump, who would need 26 out of the 50 delegations to win. Meanwhile, the Senate would select the VP from the top-two electoral-vote receivers for the vice presidency, with senators voting as individuals; if the House could not pick a winner with at least 26 delegations by the inauguration, the VP chosen from the Senate would become president; if Senate was deadlocked, the president would be the incoming Speaker of the House (likely Paul Ryan but not certainly so).

On top of all of this? A Bernie Sanders support who is 1 out of 12 electors in the Electoral College for Washington State, which a lock for Clinton, has explicitly said he will not vote for Clinton in the Electoral College regardless of how his state votes; if he stays true to his statement, then Clinton will lose 1 electoral vote. If some of the aforementioned wackier scenarios play out, this one obnoxious man may decide the fate of the nation, and perhaps Western democracy and the world…

About That Popular Vote…

With lots of close races, it’s going to come down to turnout. Can Obama’s personally hitting the campaign trail help to make up some of the gap between black turnout in 2012 and 2008 compared to reports of lower turnout thus far in 2016? Can Trump turnout whites in record-enough numbers to upset Clinton? Will Latinos, like the Ents in The Lord of the Rings, wake up to their potential power and be kingmakers in key states like Florida, Arizona, and Nevada?

As for the numbers of popular vote, the best pollster in politics, Ann Selzer, just released a national poll which had Clinton at 44%, Trump at 41%, 4% for Gary Johnson, and 2% for Jill Stein; 1% did not know, 3% voted/intended to vote but not for president (think of this as the disgusted vote), and a whopping 4% did not want to tell their choice; as I wrote in my early October prediction of how voters might shift before Election Day (I seemed to have underestimated the collapse of Johnson and Stein, but my best guess from then was about Clinton 45%, Trump 43%, Johnson 6% and 2-3% for Stein, with about 4.5% undecided that I wouldn’t dare guess), I noted how I thought the vast majority of those who said they did not want to share their intentions were probably Trump voters; if I am right here, the popular vote margin could be very close; Clinton could even lose the popular vote while winning the electoral college, something that, given what I just mentioned, seems a more likely scenario that any would have thought previously (I didn’t say likely, just more possible). If I am wrong about those people who didn’t want to share their choice with pollsters, Clinton should win the popular vote by a small but clear margin, but perhaps the Latino surge will outperform these surveys and give Clinton more than a small margin in the popular vote; probably the main reason she will win by a larger margin if so, and, possibly the main reason she will win in general.

It’s also quite reasonably possible that the polls are off by “a normal polling error” across the board, kind of like with Brexit; if this is the case, we could see a decent-sized Trump win, but that could mean a Clinton blowout.

We’ll know very soon. Nothing to worry about here, only the fate of American and Western democracy…

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981), and here are many more articles by Brian E. Frydenborg. If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

Originally published on LinkedIn Pulse October 29, 2016 

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) October 29th, 2016

Michael Conroy/AP, Cliff Owen/AP

AMMAN — James Comey, the FBI, and the media have failed to be fair to Hillary Clinton and to the country and its politics with what amounts to a ridiculous decision to pour gasoline onto a fire that may not even have any wood left burning, and we have a news media that is generally unable to note this when it does its reporting on the subject.

Another Dreadful News Media Fail

Friday it was revealed that e-mails of Huma Abedin—Clinton’s longtime right-hand woman—were found on a laptop of her disgraced separated husband Anthony Wiener in the course of an FBI investigation into this sexual outreach to a 15-year-old girl: FBI Director James Comey that day revealed he had learned a day earlier of “the existence of emails pertinent to the investigation” of Clinton’s e-mails and her server in a short letter of three small paragraphs that he sent to the relevant committee leaders in Congress, 11 days before Election Day.

The New York Times utilized one of its rarer BIG fonts for the headline of its story on this, which was the first headline on its website when it broke yesterday and for much of today (succeeded by related articles). So this means it’s “really important.” Yet, from said article:

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

But that doesn’t stop the drama queens in the media and in the Republican Party from making as much out of this as possible to either bring in viewers/readers or hurt Clinton politically (or both). Supposedly biased-for-Clinton outlets like The New York Times, CNN, and MSNBC all led with this as THE major story; Trump and Republicans exuded glee and relished the chance to go on offense on this familiar ground once again. Thankfully, Newsweek today leads with a sensible take that cuts right to the chase, starting with the article’s first paragraph:

The disclosure by the Federal Bureau of Investigation late on Friday, October 28 that it had discovered potential new evidence in its inquiry into Hillary Clinton’s handling of her personal email when she was Secretary of State has virtually nothing to do with any actions taken by the Democratic nominee, according to government records and an official with knowledge of the investigation, who spoke to Newsweek on condition of anonymity.

The revelation that the FBI has discovered additional emails convulsed the political world, and led to widespread (and erroneous) claims and speculation…

It then continues:

The truth is much less explosive. There is no indication the emails in question were withheld by Clinton during the investigation, the law enforcement official told Newsweek, nor does the discovery suggest she did anything illegal. Also, none of the emails were to or from Clinton, the official said*. Moreover, despite the widespread claims in the media that this development had prompted the FBI to “reopen” of the case, it did not; such investigations are never actually closed, and it is common for law enforcement to discover new information that needs to be examined.

*(Another leak confirmed this to The Los Angeles Times, but a leak to The Washington Post contradicts this and another in The New York Times leaves it an open question, highlighting why it is imperative more information come out ASAP directly through official FBI channels to clear up any confusion)

A Dud of a Bombshell

Newsweek here is more the exception. Its article goes to explain how Abedin had four e-mail accounts: one official account at state.gov that contained the vast majority of e-mails relevant to the FBI Clinton investigation; a second clintonemail.com one she used for assisting Clinton with issues related to Clinton’s private life; a third Yahoo one (presumably Abedin’s personal account?); and a fourth linked to her husband’s e-mail, which she used in support of his work as a congressman. Abedin occasionally used the second of third accounts to print material Clinton needed to have when it was not practical or possible to use her state.gov account. Having seized Weiner’s devices that he shared with Abedin, in all likelihood, the FBI will have probably only have come across her e-mails from that fourth account linked to her husband, and if that is the case, the overwhelmingly likely situation is that only a small portion or even none of these e-mails are going to be relevant to the FBI investigation. If there are any other e-mails related to the case, it is probable that many or all are duplicates of previously reviewed material because Abedin would send the material to be printed from her state.gov account to her other accounts, because they would have been captured in the sweeps of the state.gov accounts and Clinton’s personal server, or because of everyone else’s accounts having Abedin’s e-mails they sent to or received from her preserved on their ends. I would be shocked if anything particularly shocking occurs, and the worst that is likely to happen is that some e-mails which contained information that was classified at the time but had absolutely no classified markings in their subject lines or in them are found and that a few may even be new material, virtually certainly nothing that would have endangered American lives or national security. And officials are unsure if or how many of these e-mails may be duplicates of previously reviewed material.

So this story is a big fat nothing.

Like a teenage boy who just can’t control his hormones, the chance to lead with Weiner’s sex scandals being tied to the Clinton e-mail server scandal was just too great to pass up, despite the fact that there is no indication or reason to believe anything significant will come out of this given how mundane the vast majority of the e-mails reviewed earlier by investigators turned out to be.

Comey Crashes the Election Party

But the real problem here is in Director Comey’s choice to publicly release what he did when did.

Now, before I continue, I want to stress that I still believe Comey is a straight shooter and public servant of honesty and integrity; that doesn’t mean he is infallible, and I have already pointed out Comey was wrong in characterizing Clinton and her team as “extremely careless” in the handling of classified information, mainly because of three things: issues of overclassifcation and differences on what is classified between agencies, because only one e-mail chain out of many thousands was actually classified at the time and had any proper classification markings—a few small “(c)”s in the body, with none of the other proper, required markings in the headers or subject line to give any context to the “(c)” markings—and because Comey’s viewpoint as an FBI man failed to give proper weight to the unique challenges of a global and very fluid State Department and the distinct culture it has in terms of handling classified information as a result of all that and why this unique approach is necessary. Still, I think it is beyond question that overall, Comey oversaw a fair and thorough investigation of Clinton’s e-mails and server and that his decision not to prosecute her was the only rational or fair decision in the eyes of law.

But his releasing this information at this time is a colossal mistake on Comey’s part. In his letter, he wrote that “the FBI cannot yet assess whether or not this material may be significant.” If there is any significance to these newly discovered e-mails, then the American people deserve to know with all possible speed and before the election. But throwing a monkey wrench into this election 11 days before Election Day when it is entirely possible that there is both nothing new and nothing incriminating, when it is known that Clinton herself was not involved in any active way—sending, receiving, or otherwise—with any of these e-mails found on Weiner’s devices, when the FBI has not even begun reviewing these e-mails, creates the appearance of impropriety and wrongdoing when there is zero evidence that these e-mails are indicative of that.

In fact, it is therefore actually misleading.

The FBI needs to prioritize this as much as is humanly possible without setting back any cases where lives are at risk; the review should be round-the-clock and nonstop so the public can get as much information about this as possible before the election, and Clinton herself has called for all the information to be released as soon as possible, the opposite behavior of someone trying to hide something. And this review should have been happening and ideally completed before anything was said publicly but also before the election. 

Because nobody knows what’s in these e-mails, the benefit of the doubt is warranted that until something incriminating is found, the privacy and good public standing of Clinton are also considerations that should outweigh such a hypothetical, speculative statement. And to release no information about how many e-mails are being reviewed in relation to Clinton, to leave that wide open for speculation, is also irresponsible and unfair to Clinton. There is a reason why it is standard procedure to not comment on an ongoing investigation: any partial release of information that does not provide the whole story in context risks prejudicing the public against someone in a way not merited by the full facts and risks hurting that person’s public standing, and that person is entitled in our system to the presumption of innocence; in other words, law enforcement, including the FBI, must take a “do no harm” approach to a person in an investigation until they are certain there is something incriminating or damaging, especially since many in the public are apt to assume guilt when they hear the FBI is investigating anyone in the first place.

The simple fact is that this is damaging to Clinton and yet there may be nothing improper in any of these just-discovered set of e-mails; we can’t know and we shouldn’t be given something so vague and unspecific just days before an election when anything can make a huge difference. If there was some sort of major discovery with evidence of something incriminating, even at this late stage in the election a public update from Comey would be justified and proper, but what has been discovered now is neither major nor incriminating nor even anything that constitutes hard evidence.

Once Comey has actual specific information to report—how many e-mails were classified or not—then it is fair to begin discussing with the public. But now he has done a great disservice to Clinton, the electoral process, and the American people. It may well be that Team Clinton deserves additional scrutiny because of what’s in these e-mails, but right now we have no idea and as such she does not at this point in time—this crucial point in time—deserve additional scrutiny. I do not think Comey intended this as a political move to harm Clinton, and I think he was just doing his job in the way he thought best. But he is 100% wrong here, and he has failed to take into account the realities of politics, the media, and voter psychology even if he thought he was. Some may say that his job is to ignore such things, but you cannot do something like this that damages a person and candidate just days before an election when there is not yet anything incriminating or any evidence of wrongdoing with what you are discussing.

And unlike the last time he issued a public statement on the investigation, after Clinton was interviewed, this time a number of his peers who aren’t engaged in current politicking—former federal prosecutors and Justice Department officials—are condemning his decision to release this information and to release it so close to the election, something generally unheard of in presidential elections; furthermore, this was a decision he was pressured not to make by both Attorney General Loretta Lynch and Deputy Attorney General Sally Yates because it violated longtime Justice Department and FBI rules that barred officials from commenting on politically sensitive investigations within 60 days of an election.

Conclusion: Another Precedent Shattered in a Year of Precedent-Shattering

In the end, Comey’s decision lacks moral, ethical, and practical grounds for being carried out and, as polls have already been tightening whereas before Clinton’s leads seemed safe, he may have done this country immense damage by helping to elect the worst ever major party candidate in American history and helping Republicans in down-ballot races. He may have also damaged the FBI as an institution. In all likelihood, the FBI will not finish its review in time before the election and this may be the last update the public has before then. Whatever happens, it’s going to be a tense few days between now and the election, that’s for sure, far tenser than it would have been without Comey’s monumental and ill-timed blunder.

© 2016 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981), and here are many more articles by Brian E. Frydenborg. If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

 Originally published on LinkedIn Pulse September 23, 2016  

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) September 23rd, 2016 (UPDATED September 24th with further details on server security; see separate post-October-Surprise-Comeygate article here)

Richard Drew/AP

AMMAN — Well, a lot has happened since my last update on this story in January.

Or has it?

More Much Ado About Nothing: Summer of Sadness

The conventional wisdom is that yes, it has. But as is so often with this story, what often seems to be a big deal or raises questions actually is more of the same or has answers that are more boring and mundane than anything else (Occam’s razor, anyone?). 

After an FBI investigation, the Republican and well-regarded FBI Director, James Comey—known for his “independence” and “aggressive” upholding of the law—recommended to the Justice Department in early July that Hillary Clinton not face any prosecution for both her use of a private e-mail server and the fact that some classified material passed through this server, and publicly explained his decision to not recommend prosecution. The recommendation was followed on by the Justice Department and no prosecution of Clinton has been pursued.

Republicans, outraged that they did not get the result that they wanted, had Comey testify before the House Committee on Oversight and Government Reform soon after his announcement. Repeatedly throughout the hearing, Republican lawmakers seemed far more concerned about their feeling that Hillary Clinton should be prosecuted than with any proper understanding of the evidence or how that evidence would or would not merit prosecution under a proper understanding of the relevant statutes and their broader history of application.

Espionage Act: 18 USC 793(f) and Its History

AP

A brief explanation should make Director Comey’s decision and why it was the right one clear for our readers…

The law under which Clinton could have been prosecuted was a statute dating back to WWI, the (problematic) Espionage Act of 1917, an anti-espionage law enacted during the height of war with Imperial Germany, and in nearly 100 years of its existence, no one has ever been convicted in civilian court of violating the statute without demonstrating clear intent to do material harm to the United States. Intent has been one of the major required components in determining in civilian court culpability within a formal understanding of the law that has existed ever since a ruling from the U.S. Supreme Court in a case dating back to 1941. This can be confusing based on the wording of the 18 USC’s relevant section 793(f) alone, but a key element of the overall law of which that section is a part is that the whole law was supposed to be based on prosecuting those intending harm to the United States in the form of espionage, sedition, or worse. In fact, only once has anyone ever been charged by the Justice Department purely on gross negligence without intent—an FBI agent who was arrested in 2003 for having an affair with a Chinese mistress and who unknowingly gave her access to classified information by not locking or paying attention to his briefcase when spending time with her—and, in the end, this charge was dropped in 2004 when he settled and was thus not convicted of that charge but another, lesser crime. It is certainly within the realm of possibility that officials, aware of the law and its application history, may have regarded conviction of that charge as unlikely or even impossible, but may have included it in an array of charges thrown at the defendant in order to help intimidate him into accepting a plea bargain, which he did. 

Military courts-martial did twice charge and obtain two convictions without using the intent standard under section (f) of the statute—one stemming from an incident in 1979 and one from another incident in 1989, the only two court convictions unearthed thus far under this statute without the intent factor over a nearly 100-year history of this law’s existence (neither person found guilty served more even a full year of time)—but it is important to note a few things: 1.) military personnel are generally held to, and military courts generally use, a stricter interpretation of the law and enforce stricter penalties than their civilian counterparts, 2.) the cases were dramatically different than Clinton’s and each included clear, indisputable obstruction, which tends to make prosecutors go for harsher penalties, 3.) at least one of the cases including overruling earlier precedent, an overruling on which the conviction likely depended, and 4.) the cases were not subject to civilian court appeal rulings, and, given the Supreme Court’s ruling and precedent established in 1941 and other civilian court rulings, it is quite possible these convictions under 18 USC 793 (f) could have been overturned should civilian courts have dealt with them.

The point is that as a civilian official operating in the civilian legal system, Director Comey was completely right when he stated that “No reasonable prosecutor would bring the second case in 100 years based on gross negligence” because the case history is clear and the only cases where charges were brought under such pretenses, including military cases, bear no resemblance to the circumstances of Clinton’s case; when myopically accused of by Republican congressmen of a double standard in not prosecuting Clinton, he noted that the “double standard” would be “If she were prosecuted for gross negligence,” and that such an act would amount to “celebrity hunting.”

Of course, none of this matters to the bulk of Republicans, who have been predetermined to find criminal wrongdoing with the Clintons for decades (again, only perjury relating to Monica Lewinsky has ever been proved). With Hillary, when the GOP was unable to prove any specific wrongdoing after nine Benghazi investigation, they were only too happy to discover this e-mail server and the classified contents that passed through it in the course of their ninth Benghazi investigation, which was such a sham that by the end it tended to focus more on Clinton’s e-mails than anything else, since everything else they threw at her on Benghazi either stood on incredibly flimsy ground or was demonstrably false, as I noted before. Basically, the whole e-mail situation looked bad and raised some questions, but now those questions have been vigorously pursued by professional investigators, and what may have looked bad turned out, upon closer inspection, to not contain anything criminally prosecutable, and no matter how much Republicans want it, the aura of something bad or questionable is not enough to warrant prosecution, certainly not in our American justice system.

About Those Classified E-mails…

How Many?

The FBI’s “July” report (released in early September by a clearly-exasperated-with-the-brouhaha-and-political-criticism-Comey) and information provided by the State Department on July 6th detail how many e-mails had contained classified information at the time they were sent to or received by Clinton’s server: we know that there was information that was classified at the time of sending or receiving in just about 200 e-mails in 82 e-mail chains* that passed through Clinton’s server. All but 13 of these chains were turned over by Clinton as part of the some 30,000 emails Clinton’s team had determined were work-related (most can be read here), and none of those other 13 e-mail chains—which were found among some additional 17,000 unique work and personal e-mails recovered by the FBI—were the highest level of the three levels of classification, TOP SECRET. Overall, of the 82 e-mail chains: 69 are still classified (16 of which has been downgraded in their classification level), and 13 have been declassified (suggesting that at least those 16 and 13 are not involving anything particularly serious or particularly sensitive, even at the time); 8 chains were classified as TOP SECRET (7 of those, consisting of 22 e-mails total, were regarding Special Access Programs [SAP, more on this below]), 37 were classified as SECRET (the middle level of classification), and 37 were classified as CONFIDENTIAL (the lowest classification level). The report only mentions others sending Clinton material that was classified to begin these exchanges, not the other way around, suggesting that she may not have started any of the e-mail chains with classified material, essentially meaning that people were sending this information to her, and none of the e-mails contained classified material warnings in the headers, as is standard practice (more on that in a bit), so it would have been reasonable for Clinton to assume that the people sending her this material knew what they were doing; in fact, it would be a terrible use of a Secretary of State’s time to parse through every e-mail and ask if material that was not labeled as classified was actually classified: that would be a recipe for endless inquiries and not getting anything else done. Out of the 82 chains, Clinton herself weighed in and responded in 4 chains that were CONFIDENTIAL, 3 that were SECRET, and 4 that were TOP SECRET (all 4 of these were SAP related, see below), and 67 times she passed on information from chains classified CONFIDENTIAL or SECRET (frustrating that the report inexplicably did not detail how many of each!).

So, out of over 47,000 e-mails under consideration, let’s remember that about 200, or about 0.425%, were deemed to have contained classified information at the time of sending and receiving and at least half or more were either the lowest level of classification or concerned publicly available information, and some of them were not considered not to be classified by Clinton’s own State Department. 

*(Side note on above numbers: for the above numbers, I presumed the “July” report—almost inexplicably no specific date is given as to the completion of the report, just the month of July—was more recent/complete than Comey’s press conference on July 5th and testimony on July 7th, in which that information given at those times, combined with the information from State, provided a lower figure of 113 or 114 emails in about 53 or 54 e-mail chains that had classified information in them at the time they were sent/received; the FBI report also states that the number of e-mails and chains is subject to change as the FBI was still waiting on responses regarding some of the content in question from several relevant agencies; the lack of clarity,lack of a clear specific presentation, the inability of the whole of the government to just be able to produce a single, clear figure on this is somewhat remarkable; since the report had larger figures than the one Comey gave in the first week of July, it is reasonable assume to the number was higher because other agencies had provided subsequent updates, thus the assumption that the “July” report came some time after the 7th, when Comey gave lower numbers during his testimony to the House committee; if, somehow, the updates would have involved the less likely scenario of reductions in the number of e-mails and chains identified as classified, Comey’s lower numbers would be more current)

How Serious?

To delve into the topic of classification itself, contrary to almost all the reporting I’ve seen, there are the only three actual levels of classification; I myself erroneously reported that SAP (Special Access Program) was a separate level of classification, and many other major mainstream sources have reported that and that SAP is a level of classification above TOP SECRET, when actually it is just a special type of TOP SECRET or SECRET information, designed to give people who “need to know” that information access to it but not indicating a higher level of sensitivity than the classification level; these days SAP often has to do with the U.S. drone program, and the available reporting on the subject suggests that nearly all of the most sensitive TOP SECRET information (7 of 8 TOP SECRET chains) in the classified content that passed through Clinton’s server had to do with SAP-related, publicly available information on the drone program or other publicly available information about North Korea; in both cases, anything from an eyewitness account published by an NGO to a newspaper report about drones would be considered classified, pushing us to the issue of rampant & unnecessary overclassification in the government, often more about interagency turf wars than national security, to the extent that prolific national security officials of both major political parties have publicly testified that “between 50% and 90% of all classified material could even be disclosed without any detrimental effect on national security,” as I have discussed before; objectively, then, much and perhaps all of the information with the highest classification labels in Clinton’s e-mails were objectively not really sensitive or secret in nature. And it should also be noted that CONFIDENTIAL generally describes information that is so mundane and harmless that America’s intelligence chief, Director of National Intelligence James Clapper, is considering a move to do away with the CONFIDENTIAL classification level entirely, noting that this is something the UK did recently in 2014 “without [adverse] impact.”

How Would Clinton Know They Were Classified? (It’s All About the Labels!)

Another important thing to note is that something would still be considered classified even if the State Department did not feel it needed to be but another agency did, as happened with information in some of Clinton’s e-mails; to expect the head of one agency to be aware of other agencies’ classifications of information that that head’s agency did not feel the need to classify is, indeed, quite unreasonable.

But this next point is a crucial one: zero of these e-mails were properly marked as classified. See, all e-mails that are supposed to be classified are supposed to have clear, obvious headings and subject lines indicating that they contain classified information, but not one of the roughly 200 e-mails had anything indicating it contained classified information in any header or subject line. In fact, only one classified e-mail chain contained any classified markings whatsoever; this involved one or a few simple “portion mark” “(C)”s that preceded material that was specifically classified and appeared in the body of the emails within the chain (two other e-mail chains had the same markings but the information in question in those chains was improperly classified and should not have been marked in the body with “(C)”s at all). Some important things to note here:

1.) As Director Comey said as much during his testimony, the absence of the classification markings in all e-mail headers meant that it would be “a reasonable inference” to “immediately [conclude] that those three documents were not classified” even for an “expert at what’s classified and what’s not classified.” In fact, it seems it would be reasonable to assume, as Clinton did, that, in the absence of any other markings, such “(C)”s could at a glance seem to be a selection from an alphabetical list.

2.) Nobody ever reads every part of every work e-mail. Many people probably don’t fully read even a majority of their work e-mails, as so much content is sent and received and often people have to ignore much of the content and many e-mails entirely for the sake of time; still others will be ignored out of simple prioritizing or would even been seen as a nuisance. The idea that Clinton was careless and irresponsible because she 1.) did not know that about 200 e-mails out of tens of thousands were classified but had no classified markings, 2.) that she did not know that classified material was in 1 e-mail chain (2 including the mislabeled ones) that had 1 or more little “(C)”s buried in e-mail bodies that any person skimming could easily miss is preposterous; in fact, it is possible she did not even read some of these e-mails or only read them in part, so considering this, holding her responsible for being aware of every detail of every e-mail sent to her has an added layer of ridiculousness.

3.) Taking into account that neither Clinton nor her people sent anything properly marked as classified on this e-mail system, this would actually mean that they were quite careful not to send anything that was and that they knew was classified, contrary to the popular narrative and the conclusion of Director Comey. After all, he told Congress that there was no evidence to suggest that Clinton or her people were aware that any of the material passed through that server was classified.

About That Server…

Clinton Did Not Make the Decision to Have Private Server

The FBI report also helps shed light on some other details: while Clinton directed her people to set up a specialized personal e-mail account, the decision to set up a private server in her Chappaqua, NY, basement was not something she directed her staff to do, though she later did become aware that there was such a server after it was established; rather, it was a decision staff made agreed to with technical experts. One thing that is clear is that Clinton and her staff were scarred by such a tumultuous political past of being subjected to so many politically-motivated witch hunts, acting in a very secretive way that actually helped to foster some of the issues about which we have now heard altogether too much. One of the most crucial examples of this is that Brian Pagliano, the IT expert from the Clinton 2008 campaign tasked with setting up the personal server, at first was not apparently not aware that then-soon-to-be-Secretary of State Clinton would even be using this server to host her e-mails, though the FBI was unable to specifically verify exactly what he knew at this time; still, this is an indication he very well may have had no idea Clinton would be conducting any official business using this server, let along using it, at the time. It is ironic that Team Clinton’s penchant for privacy in this case may have possibly prevented Pagliano from having knowledge that may have made him set up the e-mail server differently for a sitting Secretary of State than for a retired president’s staff in ways might have shielded Clinton from some of the criticism levied against her since the e-mail server’s discovery and may have even led to some coordination with the State Department.

The Server Was Not Insecure When Clinton Used It (9/24 UPDATE)

One thing the report makes clear is that the email server was not up and running, or even physically installed, until March 2009, when Pagliano also set up the SSL security encryption. This invalidates a major line of criticism thrown at Clinton, that from when she took office in January and until March, when the SSL encryption was installed on the server, her e-mails were somehow totally unprotected, but we know that the server was not installed or in use before then, and that Clinton’s e-mail domain was being used on the previous Apple Server, installed by Apple; though very little is known know about that server, it is inconceivable that Apple would not have included security protocols, such as SSL, in the process of installing a server for such high-profile clients (Occam’s razor, again, for all you conspiracy theorists that believe Apple would install a server without no security features to prevent hacking; and, frankly, Pagliano would not have gotten as far in his field of IT administration if he is someone who would have had set up a server with no safeguards). This means, contrary to previous suspicions, her server was not insecure for months as headline after headline has trumpeted and countless other articles assumed.

The FBI report notes that the Server was “operational” starting March 19th, and that SSL security was installed by Pagliano on either the 29th or 30th, and Pagliano stated that he was not the one who set up an e-mail account on the new server for Clinton; it seems that another IT specialist working for the Clintons, Justin Cooper, did that, though Cooper could not recall the details but assumed he was the one who performed that task. An e-mail from Cooper to Clinton indicated that in April he was readying to move her Blackberry (and thus, her e-mail communication) over to the new system, meaning Clinton was not conducting work through the new server before April and before the SSL was set up and that the server was not insecure at all when she used it as Secretary of State.

Conversely, the State Department’s state.gov system has been hacked on a regular basis. Perhaps her private system was relatively more secure since nefarious actors would have been extremely unlikely to have known of its existence and, therefore, would have been unlikely to deliberately hack it knowing what and who they were hacking.

No Evidence She Deliberately Hid Anything Work-Related

Another point which has been shamefully and myopically not had appropriate emphasis given on the part of the media is that nearly all of the e-mails would have been backed up by State Department servers: only thirteen people were regularly in touch with Clinton through her private e-mail, and most of those were people using state.gov e-mails, thus, anything sent to her e-mail from a state.gov e-mail or from Clinton to a state.gov e-mail would have been automatically captured and preserved by State’s record-keeping system. So the idea that Clinton was trying to hide her work-related e-mails is ludicrous because it would be incredibly easy to expose her for doing that using State Department records, and, in any case, there is no evidence-based reason to think that she did, considering that the work-related e-mails that have been recovered after being deleted from her server contained absolutely nothing worth hiding or incriminating and many were already captured and publicly released by State.

Which brings us to this Judicial Watch nonsense, what would mercifully seem to be the near-final chapter, at least for some time, in this faux saga. Judicial Watch has long been a right-wing advocacy “investigative” group looking to smear Democrats with a long, partisan history of targetinganything and everything Clinton. The group’s efforts have led to court-ordered releases of more Clinton e-mails, and, so far, they have shown pretty normal operations in terms of deals and influence and arranging meetings despite attempts to scandalize their content. More e-mails will be coming out between now and the election, but, like the other tens of thousands which had no incriminating content, these will almost certainly be more of the same.

There was 1 new e-mail about Benghazi, though: a congratulations from the U.S. Ambassador to Brazil on Clinton’s solid congressional testimony on Benghazi, while 29 other Benghazi e-mails that were part of the recent release were already part of State’s records. The right’s desperation to open any Clinton closet it can find in the desperate hope that something will reflect badly on the Clintons or that the very process of opening the closets will cast doubt on Bill or Hillary and damage their reputations, regardless of reality, is all too apparent (as usual).

Why, oh WHY?

It is also important to remember why there is so much scrutiny about these e-mails to begin with: when eight previous investigations had failed to unearth any wrongdoing on the part of Hillary Clinton or her close personal aides in regards to the Benghazi tragedy, the crusading, witch-hunting Republicans who drove the formation and/or ran the ninth Benghazi investigation and came across the existence of this server were ostensibly convinced that the e-mails contained on the server would confirm their wild conspiracy theories that they had had all along, that Clinton deliberately lied and covered up information about Benghazi and that she ordered rescuers who were ready to save the four fatal victims of the Benghazi attacks to stand down (the e-mails held no such information, in part because none of this ever happened, as I and many others have demonstrated in detail before). I have no doubt that many fanatics within the GOP were convinced at the time they would find such non-existent evidence, but the then-#2 Republican in the House, Majority Leader Kevin McCarthy, foolishly publicly confirmed what everyone already knew: that this ninth Benghazi investigation’s main raison d’être was to damage Clinton politically to lower her chances of becoming president (this screw-up was largely thought to have cost McCarthy his chance at succeeding Boehner for the #1 GOP House spot as Speaker of the House); in this, it was undoubtedly a success, even as it failed to unearth any new dirt on her conduct regarding Benghazi. The Committee’s quest to find quest to find wrongdoing by Clinton vis–à–vis Benghazi had about the same odds of success as Frodo and Sam running around alone in Mordor without Aragorn marching on the Black Gate, and it is telling that the Republicans who ran the hearings were at least subconsciously (and at least some must have been consciously) aware that the the “Benghazi” hearings ended up spending just as much—maybe even more—time on Clinton’s e-mails, her use of a private e-mail and private server, that classified information had passed through the server, and that the server was a possible security risk as they did on anything related to their committee namesake of Benghazi. So much for justice for the victims of Benghazi…

Conclusion: This Is Ridiculous: 15 Takeaways

So, below, we can outline my findings/conclusions which, at the risk of sounding egotistical, are far fairer and sounder that what we’re getting from large swaths of the media and certainly many politicians.

1.)   As Comey made clear, neither Clinton nor her staff or associates gave any indication they knew any material was classified when they were passing it around through the private server or ever had any intention of using this much maligned private e-mail system to disseminate classified information, and the FBI has no evidence to point towards a coverup or Clinton or her people lying to FBI investigators. 

2.)   Only 3 e-mail chains had any indications whatsoever that they contained classified material (only one actually did), and the markings were themselves not clear, were not accompanied by required classified markings in headers and subject-lines, and only referred to the lowest level of classification.

3.)   None of the people involved were expert specialists on classification, and they and Secretary Clinton relied, as most non-classification-specialists would rely, on proper and clear headings to warn that classified information was at hand and that people sending them knew they were following proper procedure.

4.)   The only indications we have in terms of the content of the most sensitive material of higher classification levels is that it was publicly available information.

5.)   Over 99.5% of all e-mails in question had no issues as far as classification was concerned; no official in the history of the modern United States has ever has so much of her communications material examined (or released so much to the public) so thoroughly and so soon after her time in office, and she used e-mail more than any of her predecessors because of the increasingly technological times we live in; if most other senior government officials had an audit like Clinton’s it is safe to say that she would hardly stand alone in having less than 0.5% of her content containing some sort of classified information; some would very likely have more, given the problems with overclassification.

6.)   No evidence exists that any sensitive information was given to the wrong people or enemies of America or that America’s national security was compromised in any way by Clinton’s use of a private server or the fact that some classified material passed through it (remember, the server was not insecure early in her tenure at State while she was using it as had been previously speculated/assumed in many a report).

7.)   Even if Clinton had used state.gov servers for her e-mail and never set up a private server, the information would still have been sent improperly through non-classified channels (her successor, John Kerry, was the first Secretary of State to ever use a state.gov account; why so little interest in Rice or Powell? Oh, yeah, they’re both Republicans and they aren’t running for president).

8.)   Yes, there were issues with having a private server (not initially her decision, which was just to have a private e-mail address) and it was not the best judgment call, but was hardly among the worst decisions made by a cabinet-level-or-higher official in modern history or even recent memory (the Benghazi investigation lasted longer than the Watergate investigation), yet Clinton has been investigated more thoroughly than any other official in the modern era for something that is at best a moderate mistake, not one that caused grave damage to anything other than her reputation and her poll numbers and not one that seemed to put any serious state secrets at risk, because, for all the talk of her “lack of judgement” in this case, we have no information yet that any of the information in question was of major consequence, the release of which could have had serious ramifications for the U.S. In other words, her staff and she were careful not to use the system for anything clearly sensitive, overclassification notwithstanding, at least based on what we know up to this point.

9.)   Basically, Clinton dove into a gray area with the personal e-mail/server that walked a line when it came following the exact letter and spirit of preferred policy, but from my earlier research, it was clear there was no outright prohibition on what she did. In an era of extreme partisanship, she should have known, just like Bill Clinton when he engaged in sexual relations with an intern, that such behavior would open her to serious attacks from her political enemies. It was an error in judgement, but hardly one that would be a tipping point in evaluating her performance as Secretary of State or her record as a public servant overall. 

10.) We can easily see that Clinton’s understandable main motivations were in seeking a convenient way to communicate both professionally and personally using the same device and to shield her private affairs from the public and her political enemies after years of witch hunts conducted by her rivals and the media. Nothing in the Constitution or the law states that senior government officials have no right to private communication for personal business.

11.) So Clinton is not perfect, but if this is the worst thing or one of the worst things we can come up with about her and her judgement and career, well, that’s a historically strong candidate, folks, no matter how you slice or dice it, at least if you slice or dice it in a reasonable way. Which Republicans and the media are not. But more on the media another time…

12.) In fact, I expected the investigation by the FBI would explain in considerable detail whose job it was to have labeled the material as classified and at what stage and when this should have occurred, because by the time any of that info reaches senior official that process should already have been completed; this to me seems a bigger issue than Clinton’s use of a personal e-mail server, because if people had properly labeled this information it would not have passed through Clinton’s server to begin with. There is no attempt to blame any specific officials for not labeling classified information as classified, and the illogical burden of blame has been put on Clinton and her people for receiving information they accepted in good faith mostly from within their own State Department (certainly the blame cannot be on them for that!). Strange that the focus for blame has been on the use of a server and not that the e-mails were improperly marked, which, again, is the only reason they ended up on said server. Also frustrating, if understandable, that major parts of the FBI report dealing with these issues were redacted. Still, contrary to what many have said, including Comey, it does not appear that Clinton herself or her senior staff were careless in the handling of classified information, as, again, they were careful not to use the private server for anything properly labeled as classified. Such conduct does not seem to fit Comey’s words of “extreme carelessness.” 

13.) The information we do have from the investigation shows that much of the material that was classified and passed on through unclassified e-mail channels was information that senior leaders needed to have to address pressing, time sensitive issues, where using standard secure terminals was impractical, impossible, or both, and that this was common practice.

14.) The last point in particular makes it clear that official procedures for the dissemination of classified information to senior officials when that information is needed in a timely manner are grossly inadequate and impractical to the extent that they are not followed so that important business may be done when it needs to be done. Comey would have to basically call the entire State Department extremely careless, for the classified content being improperly sent and improperly labeled was the product of unofficial but standard practice, and though he did note that the State Department was “generally lacking in the kind of care for classified information found elsewhere in the government;” that seems to be decidedly less harsh language than Comey used to describe Clinton’s similar (the same?) behavior, even though State overall was just as big a factor in creating the situation as Clinton, if not more so.

15.) The above may be the most important controversy of all, but the fact that this all arose from investigations borne out of efforts to politically damage Hillary Clinton always meant that she, not these other important issues, would be the focus. It would have been useful to task the FBI investigators with recommendations for reform, but this was not done. If anything, Clinton herself has been a distraction from the real problem at hand: reform of a system that few seem to have confidence in or respect for under certain important conditions, a system that is outdated and not taking into account more rapid forms of information dissemination that are common in the twenty-first century. But that has been lost in the conversation. And that itself is a true scandal.

*****

I’m almost 35, and this is easily the most overblown, blown-out-of-proportion thing I’ve ever seen in politics, and may also be the most poorly-reported-on “scandal” I’ve ever encountered, as well, but more on that another time…

© 2016 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

Related articles: Comey Damages Clinton With Horribly Timed Weiner Speculation in Historic FBI Injection Into Election

THE DEFINITIVE Clinton E-mail Scandal Analysis: The Real Scandals are the Benghazi Committee GOP Witch Hunt & Media Hype

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(Russian/Русский перевод) A major U.S. federal money laundering trial—one related to the Magnitsky murder and the largest ever tax fraud in Russian history—of a Russian firm with ties to both Putin and a major Russian Trump supporter was bizarrely settled without admission of guilt by the Acting U.S. Attorney. The trial could have been a major embarrassment and caused many problems for Russia at this delicate time, and none other than Preet Bharara had been running this case for three-and-a-half years before he was fired by Trump just two months ago. Naturally, questions arise and this looks pretty bad.

 Originally published on LinkedIn Pulse May 15, 2017   

By Brian E. Frydenborg (LinkedIn, Facebook, Twitter @bfry1981) May 15th, 2017; this article was censored when it was posted on a Russian government think tank (see below); see how this story and other Russian money laundering threads tie to Trump’s and Putin’s associates in my Twitter thread here. See related July 27th article with additional information on the Prevezon case, including Kushner’s ties to it: Think You Know How Deep Trump-Russia Goes? Think Again: This Chart/Info Will Blow Your Mind

Alexander Shcherbak/TASS

NOTE: July 12th, The Russian International Affairs Council editorial staff censored my below post that I had posted July 11th on its site (I am a regular contributor and was invited to be so some time ago), sending me the following message:

Dear Brian, 

We regret to inform you that based on the decision of RIAC’s editorial office, it will not be possible to further consider your latest blog post for publication.

We reaffirm your right as blogger to publish material in your blog without negotiating the approval of its content in advance or any censorship. However, we have to make sure all texts are in line with the norms of the Russian law for RIAC information resource acts within Russian legal framework and we are held responsible for any publications on our website.

As an information resource, we are obliged to prevent the spread of extremist information, unreliable data as well as exposure of personal data to the public.

Moreover, serving as a platform for scientific discussion on important, complicated and sometimes highly sensitive issues in the field of world politics, we maximize our effort to prevent the spread of fake news and propaganda, irrespective of who is their source and what motives they harbor disseminating them.

We are thankful for your understanding.

Sincerely, 

RIAC’s editorial office

I wrote the following responses:

Could you please identify yourself and kindly identify in detail the sources used and statements made in my latest piece that “extremist,” have “unreliable data,” and that exposed any “personal data?” Let’s be honest here: you’re censoring analysis that the Putin government doesn’t like that goes against the Kremlin narrative, plain and simple. Every single source I referenced is credible and reliable, and I challenge you to prove otherwise. Conversely, there are many blogs up there with poor research that remain simply because they are critical of American policy and give Putin a free pass or praise. If you do choose to go down this path after being one of the only sites Russia that truly allowed diverse opinion, I will publicize this and draw attention to your hypocrisy.

How does this violate Russian law? What statute specifically?

Was it because of the link to the original article being a LinkedIn article [Russia had banned LinkedIn]?

Here was the next response:

Dear Brian,

This decision was made collectively by the RIAC’s editorial team. your text contradicts RIAC’s internal regulations. We do our best to provide the platform for discussion for all experts regardless of their ideological and political views. The main criterion for us is the academic style of texts and substantial argumentation.

The main problem with the content of your latest piece is the use of data which can not be confirmed by other reliable and internationally recognized sources. The information which was published in your latest piece can put RIAC and you, as blogger, in danger of being accused of defamation.

You are writing a blog at RIAC since 2015 and it is the first time we encounter such a problem.

We hope for your understanding and hope that this incident will not stop you from writing for RIAC’s website.

Sincerely,

RIAC’s editorial office

Clearly, the reasons my post was censored were content-specific. My next message generated no response whatsoever, despite my request for RIAC to identify SPECIFIC information with which RIAC had a problem:

Please be specific and tell me what data cannot be confirmed by reliable and internationally recognized sources. That is false and you must be mistaken and I linked to sources that are only internationally recognized as credible so I await your specific citations and I will be happy to respond to your specific issues with specifics.

There are two possible explanations: something here (most likely the discussion of anything related to Magnitsky) is a red line, even for a blogger on this Russian government-sponsored think tank, or, things are so sensitive now that any post like this would be censored even in such a forum. This is very disappointing.

On July 24th, I reposted this with this chain and I CALLED AGAIN ON THE EDITORIAL STAFF OF THE RUSSIAN INTERNATIONAL AFFAIRS COUNCIL TO SPECIFICALLY IDENTIFY WHAT INFORMATION AND SOURCES ARE INAPPROPRIATE AND NOT BACKED BY CREDIBLE REPORTING. It is sad that even a think tank must be co-opted by Putin’s agenda and cannot allow a free expression of a well-sourced, meticulously researched view that differs from that of Putin, the Kremlin, and the Russian Foreign Ministry.

On July 25th, my post was again censored and my login credentials revoked.

*****

UPDATE July 24th: Bill Browder has filed a complaint with the U.S. Treasury’s Office of Foreign Assets Control (OFAC) against Rep. Dana Rohrbacher (R-CA) and his staff director for violating the Magnitsky Act.

UPDATE July 8th: The New York Times is reporting that on June 9th, 2016, Paul Manafort, Jared Kushner, and Donald Trump Jr. met a lawyer for Prevezon-head Denis Katsyv named Natalia Veselnitskaya, an anti-Magnitsky Act crusader and the wife of a close colleague of her client’s father, in Trump Tower, a meeting arranged by Donald Jr.

AMMAN — THE TRIAL was set to begin in three days, a mammoth trial a decade in the making, one of international intrigue, massive money laundering, the biggest tax fraud in Russian history, posh Manhattan real estate, powerful Russians with connections to Russian President Vladimir Putin, and the murder two people and attempted murder a third, each victim gathering evidence against the Russians. But, instead, the Acting U.S. Attorney for the Southern District of New York submitted a letter on May 12th, 2017, to the presiding judge, William H. Pauley, III, stating that the government had reached a settlement with the defendants, after his predecessor, Preet Bharara, had spent three-and-a-half years building his case.

In case you forgot—with all the Comey firing drama and the new Trump revealing classified information to the Russians brouhaha and dozens of other developing scandals that are unfolding with blistering speed—a newly-installed President Trump back in March fired U.S. Attorney for the Southern District of New York Preet Bharara from his prestigious position, a position from which Bharara played roles in past and current cases involved with and related to Trump (including busting a Russian mafia money laundering ring that was partly run from Trump tower and a current case investigating stock trades of Trump’s Secretary of Health and Human Services, Tom Price) and a role in which he would have been involved in possible future cases had he not been fired. Bharara also had a strong record of taking on Russian criminals, even those closely tied to Putin and the Russian government: he busted two major Russian arms dealers, including the notorious “Merchant of Death” Viktor Bout; he successfully prosecuted multiple Russians involved in hacking, cybertheft, and other cybercrimes; he was involved in cases against Russian spies, including the biggest post-Cold War Russian espionage situation (at least before the hacking) in which 10 undercover Russian agents were arrested and later traded with Russia; and he exposed a plot by dozens of Russian diplomats to defraud Medicaid in order to make extravagant purchases and/or go vacations.

Getty

Had he not been fired by Trump, Bharara would now be leading this case, too, and almost exactly two months from the day he was fired, the U.S. government, with his acting replacement acting in his stead, settled with a whimper a case stretching back a decade. It was a case U.S. had been building for close to four years and one in which one key lawyer working against Russian interests, Sergei Magnitsky, was murdered, and in which another lawyer working against the Kremlin on behalf of Magnitsky’s family, Nikolai Gorokhov, was thrown out of his fourth-story Moscow apartment window on March 21st of this year, just one day before a major Russian court appearance concerning the same crimes (such “accidents” are not uncommon with Putin critics); Gorokhov suffered severe head injuries and is apparently still hospitalized; he had provided key evidence for Bharara’s prosecution team and was set to be a star witness in the trial that was to start today, May 15th. Unsurprisingly, Bharara and his team were actually very concerned that something exactly like this would happen to Gorokhov and submitted a formal letter expressing that concern to the presiding judge back in October 2015.

The roots of the case go back over a decade to Russia, and for a thrilling read on its origins, you can pick up Bill Browder’s Red Notice: A True Story of High Finance, Murder and One Man’s Fight for Justice. Browder was running the wildly successful Hermitage Capital Management in Russia throughout the late 1990s and the 2000s. But when he fell out of favor with the Russian Government for trying to take on the corrupt system of doing business in Putin’s Russia, Putin started playing hardball, having Browder deported in late 2005 through the hands of the F.S.B., the K.G.B.’s main successor, labeling Browder, essentially, an enemy of the Russian state. In 2007, Hermitage’s Russian office was raided, one of its employees roughed-up; soon after, Browder’s intrepid lawyer, the previously mentioned Magnitsky, eventually helped to uncover a massive $230 million tax refund fraud scheme in Russia, the largest tax scam in Russian history and one carried out through collusion between (likely senior) Russian government officials and members of the Russian mafia. Together, they conspired to use profitable companies like Browder’s by seizing control of them on false legal pretexts, throwing a bunch of fake lawsuits at them, and then erasing the companies’ profits from the books and claiming the taxes those companies had paid as a refund since the profits generating those taxes had magically disappeared; Magnitsky was arrested for his efforts on trumped-up charges, and, once in custody, was beaten by guards and denied medical care in Russian prison, dying from his wounds and deliberate lack of medical attention in 2009.

Magnitsky’s death turned Browder into a crusader to expose Putin and honor Magnitsky’s memory; in 2012, when a Russian named Alexander Perepilichnyy began working with Browder to help and moved to the UK to do so, he mysteriously died while jogging near his new home, almost certainly the victim of a Kremlin operation, with an investigation into his death still underway; Browder bravely continued his efforts by pushing the U.S. Government to pass the Magnitsky Act in 2012, allowing for harsher punishments and sanctions of Russian officials involved in these crimes and pushing the EU to pass a similar law in 2014. This infuriated Putin, and when the U.S. applied sanctions to dozens of Russians under the authority of the new law in 2013, he responded by banning Americans from adopting Russian children and barring 18 U.S. current and former officials, including—and this is key—Preet Bharara for his earlier moves against Russian criminals. 

Enter Russian Denis Katsyv, the essential head of a Cyprus-based apparent real estate company Prevezon Holdings, which was one of the beneficiaries of the $230 million Russian tax scheme. In charges filed by Preet Bharara in a lengthy complaint submitted in September, 2013 (and in the complaints’ two amendments in November, 2014, and October of 2015), the U.S. affirmed Magnitsky’s findings and accused Prevezon of receiving through a convoluted series of transactions involving shell companies at least (roughly) $2 million (possibly more) of the $230 million of Russian scam money, some of which Prevezon then laundered through the purchase of luxury Manhattan real estate properties, partly because, as I’ve described before, America has famously lax regulations on money laundering through real estate. Among those who would end up helping Bharara with his case against money laundering was Bill Browder.

Office of the U.S. Attorney for the Southern District of New York

Here is where the world of coincidence gets to be a bit astounding: Katsyv is the son of Petr (Pyotr) Katsyv, a former Russian government minister who currently helps to run Russia’s state-owned Russian Railways, which until recently was led by Vladimir Yakunin, a close Putin ally with a history of corruption who began publicly backing Donald Trump’s presidential candidacy since at least June 2016; Yakunin and Petr Katsyv ran Russian Railways together for about a year. Yakunin had also partnered with Denis Katsyv and Republican Congressman Dana Rohrbacher in 2016 to lobby against a stronger version of the Magnitsky Act under consideration that would expand to cover any government officials around the world involved in human rights abuses, with this version known as Global Magnitsky; the efforts to fight it included promoting a controversial “documentary” trashing Magnitsky and Browder and accusing them of the tax fraud, which is Russia’s official version of who is responsible for the $230 million fleecing of Russian taxpayer money. Rohrbacher also met earlier this very month with an old Soviet spy-turned Putin lobbyist named Rinat Akhmetshin and specifically discussed the Prevezon case with him; the two had also worked with Katsyv on opposing Global Magnitsky.

There is also the fact that a prominent Russian activist and lawyer, Andrei Stolbunov, was targeted with very likely false extortion charges by the Russian government in 2014; the Russian government accused him of trying to extort money from Petr and Denis Katsyv and also accused him of working with Bharara’s office and Browder; fearful, Stolbunov applied for asylum in the U.S. even before Russia filed charges against him, seeing the writing on the wall.

*****

At this same time the above Russian laundering scheme at the center of the Prevezon case was underway, at least three other major Russian money laundering schemes were underway, about which I have gone into great detail in my previous writing (any new details I’ve received will have fresh links in this section, but for my other information for the following schemes, please do take a look at my detailed research in my other work):

1.) One scheme was Russian organized crime—led by the Russian “boss of bosses” Semion Mogilevich (who was linked to the money laundering ring partly run from Trump Tower that Bharara shut down)—working on behalf of the Russian government and close associates of Vladimir Putin—including Ukrainian oligarch Dmitry Firtash and the now disgraced former Ukrainian President Viktor Yanukovych—to launder money into the U.S. in Manhattan as part of a major laundering operation worth billions involving the Eurasian gas industry, especially Gazprom. The whole Eurasian gas/money laundering scheme was itself designed to help Russia dominate Ukraine politically by taking profits from crooked deals to bribe Ukrainians politicians and fund the campaigns of Yanukovych and his political party; the political side of these efforts was led then by future Trump presidential Campaign Chairman Paul Manafort, aided by his associate and future Trump campaign employee Rick Gates and with another Trump campaign advisor, Carter Page, advising two key entities on different ends of the scheme at the time; Manafort was key in setting up a series of laundering scams involving real estate in Manhattan, for which he was sued—along with Firtash, Mogilevich, and Yanukovuch—by an imprisoned former Prime Minister of Ukraine who had energetically fought Putin and the gas scheme: Yulia Tymoshenko. Tymoshenko was imprisoned on false charges after Manafort had orchestrated Yanukovych’s 2010 presidential comeback-win, in which the proceeds from that gas/laundering scheme were used to weaken her political power and empower her enemies; this would all help lead to the current war in Ukraine. Manafort apparently was paid some of his Russian money—from this illicit Russian scheme or possibly other illicit Russian schemes to handle the corrupt Yanukovych’s ill-gotten funds or promote abroad the general interests of the Russian Government—through the Bank of Cyprus, then run in-part by Wilbur Ross, Trump’s future Secretary of Commerce (who would also help Russians make deals using the bank to avoid sanctions imposed by the West after Russia’s annexation of Crimea; Ross remained with the Bank until he was confirmed to Trump’s cabinet in 2017). Also of note here is that Firtash is being held by Austrian authorities as the U.S. and Spain compete to extradite him for various criminal charges; a critical question is how vigorously the new Trump Administration officials are pursuing his extradition.

2.) At the same time as this was going on, the son of an alleged Mogilevich capo and convicted large-scale money-launderer Felix Sater (possibly also an associate of Mogilevich himself) set up a real estate office for his company, Bayrock, in Trump Tower in Manhattan, befriended Trump, and, along with a number of Russian/former-Soviet Republic characters, brokered and financed a series of disastrous and scandalous real estate deals with Trump that, viewed together, almost certainly were laundering schemes for dirty Russian money; even after all that scandal, Trump hired Sater to work directly for the Trump Organization and, once president, used him as back channel to push a peace deal very favorable to Russia for the Ukraine/Russia conflict. 

3.) A third concurrent scheme involved Russian laundering to the tune of billions through Deutsche Bank, which just happened to be the only major bank operating on Wall Street willing to loan to Donald Trump for most of the 2000s after a terrible series of high-profile bankruptcies, disputes, and shady, unethical business practices on the part of Trump made him a persona non grata among all other major Wall Street lenders. An internal Deutsche audit apparently found that the money loaned to Trump was not tainted by the dirty Russian money, but there is pressure to have an outside group conduct an open, transparent investigation to verify this. In what may be Trump’s largest conflict of interest as president (Trump owes the bank some $300 million), it is now his Department of Justice, run by his less-than-trusted Attorney General Jeff Sessions—who had to at least stated he would recuse himself on all things Russian and campaign 2016 because of his lies under oath about meetings with the Russian ambassador during Trump’s campaign—carrying on the U.S. investigation into Deutsche, and it remains to be seen how vigorously Sessions’ Department of Justice will pursue its part of the major international ongoing investigations into Deutsche for over $10 billion in Russian laundering and for which it has already been fined over $800 million.

*****

Taken together, all this is very worrying and very incriminating.

And yet, members of the media and the public not in the tank for Trump must be careful not to mistake their justified outrage and terror at the Trump Administration’s conduct any kind truly national feelings existing along the same lines: in a poll taken just after the Comey firing, not even half (only 46%) of Americans disapproved of Comey’s firing, while 39% actually approved of it; a more recent poll, after the firing scandal had had a few more days of exposure, shows 38% disapproving, and only 29% approving, and even with just two data points, there is clearly hardly a groundswell of support for something like impeachment or even being able to claim any kind of a national consensus that Trump’s conduct is outrageous (even though it clearly is). In the first poll, only 13% of Republicans disapproved of the Comey firing and only 8% in the second; in both polls, more independents disapproved than approved, but in neither did the independents’ disapproval figure surpass 45%, a very telling figure indeed. Meanwhile, the Republican numbers line up with two earlier polls from mid-March and mid-April showing that only about 3.5% and 2% of Trump voters, respectively, regret voting for him. It will be interesting to see how much, if any, his base of support drops after the Comey firing or the breaking classified information scandal, and I suspect there will be little to no change, with plenty of time before the 2018 midterms and 2020 presidential election for any wavering supporters to be distracted by new (faux) outrages directed at both the left and the media, whom Trump’s supporters despise.

One very disturbing similarity the circus of events surrounding the arrest and death of Magntisky, who was leading the investigation on behalf of Browder and his firm against the Russian government and their associates (including Russian mafia figures), shares with the current situation with Trump and the firing of the FBI Director James Comey, who was leading the investigation of candidate and then President Trump and his associates (possibly including Russian mafia figures), is the blatant lying the Russian government and Trump Administration engage(d) in regarding their respective situations, with astounding shifts in the rationales presented to the public as if they knew enough of the public would just shrug their shoulders and move on as if nothing important was happening, that they would not even take care to make sure their lies were not obvious to the public because did not respect the intelligence or the integrity of their own people would hold them accountable for their lies.

And those thinking the FBI investigation is some sort of political issue are, to a large extent, being myopic and petty; the issue of Russian interference is clearly one of national security, the only reason it’s become so political is because Republicans are treating this like any other sort of right-left issue, where this would benefit Democrats and hurt their Republican president, so they must start from the premise it’s just Democrats being sore losers—despite the incredible breathtaking breadth and depth of evidence it is not—and work from there, retreating using scorched-earth tactics only when forced to; THAT is where the politics lie, not in standing up to Russia, something which used to be an American thing but is now solidly a Democratic thing, not in any significant way a Republican thing in the era of Trump.

In the context of all of this and especially the many serious scandals and questions involving Russia, and after a key witness was nearly murdered not even two months ago and understanding that this case took nearly four years to prepare, it is very strange, even suspicious, that Bharara’s replacement went with a settlement for less than $6 million (given the long preparation, it is likely the U.S. government spent more than that pursuing the case) when the government initially sought to seize over $20 million in assets, and all with no admission of wrongdoing on the part of Prevezon in the settlement. A federal appeals court had even disqualified previous lawyers for the case last October, and in the final days before the trial, the judge had even ruled to admit important Russian case file as evidence provided by Gorokhov for the prosecution (the day the U.S. asked to have the evidence admitted was the same day Gorokhov was pushed out his window, and its admission be and was challenged by Prevezon, since the evidence was obtained in such an unusual way as Russia was refusing to cooperate and provide the evidence under its treaty obligations) and had also ruled against a defense motion to dismiss the case, so the prosecution even had some steam going into the trial. But then, there was no trial… Thus ended U.S. v. Prevezon Holdings, and though the Acting U.S. Attorney, Joon Kim, declared the settlement a victory, so did Prevezon, and it’s not hard to see why it did.

I have faith that Kim wasn’t corrupted or anything like that, and he seems to be a professional public servant; maybe so new into his position, he was more inclined to think of this settlement as a victory, but I will give him the benefit of the doubt and will not pretend to have any serious sense of his precise thinking. Bharara tweeted support for the settlement, though it’s hard to imagine him publicly criticizing his former subordinate, just as it’s hard to imagine him settling, as Kim did.

So there are some very important questions here:

1.) Did Trump or any of his people suggest—especially Kim’s direct boss, Attorney General Jeff Sessions—recommend, encourage, or pressure Kim in any way to accept a settlement?

2.) Why did Kim decide to settle?

3.) Why won’t the U.S. Attorney’s office comment or respond to media inquiries on the settlement?

These questions should be the subject of at least a Congressional investigation, as the decision to not to take this case to trial is confounding given all the context presented here and is just one more example of Russia being able to feel that, relatively, they have a friend in the Trump Administration.

Correction appended: changes made to reflect the alleged nature of Sater’s father’s ties to Mogilevich 

See how this story and other Russian money laundering threads tie to Trump’s and Putin’s associates in my Twitter thread here!

© 2017 Brian E. Frydenborg all rights reserved, no republication without permission, attributed quotations welcome

See related articles:

With Comey Firing, Trump Moves America Closer to Banana Republic Status; How We Respond Is Vital to Preserving Our Democracy

The Trump-Russia-Mob Connections Details You Won’t Find Anywhere Else

The (First) Russo-American Cyberwar: How Obama Lost & Putin Won, Ensuring a Trump Victory

Welcome to the Era of Rising Democratic Fascism Part I: Defining Democracy, Fascism, and Democratic Fascism Usefully, and Spin vs. Lies

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*****

EXCLUSIVE analysis of information not yet reported in the necessary context shows that Trump the businessman, at best, was an unwitting tool used for Russian (mafia and government-tied) money laundering and that Trump the president is, at best, an unwitting tool for Vladimir Putin; at worst, Trump the businessman was a partner in Russian (organized and governmental) crime and Trump the president is the biggest scandal in American history. Even if Trump is an extraordinarily stupid leader with spectacularly terrible judgment and he is totally innocent of knowing what was really going on, it has been clear for some time that key associates of Trump are far less likely to be innocent when it comes to complicity and collusion and therefore treason, with the latest reports only confirming fire when the smoke was already suffocating. However the fire finally comes to light and whatever his personal involvement, since the best case scenario is that Trump is easily duped and manipulated, Trump is clearly unfit to be president.

Originally published on LinkedIn Pulse March 28, 2017 

By Brian E. Frydenborg (Twitter @bfry1981) March 28th, 2017 (Updated 4/3; Update of my pre-election piece.); War is Boring version in two parts

Built on part on these earlier pieces from July 30/31 2016: Trump, Putin, Russia, DNC/Clinton Hack, & WikiLeaks: “There’s Something Going on” with Election 2016 & It’s Cyberwarfare & Maybe Worse

November 4, 2016: EXCLUSIVE: Top Trump Aides’ Deeper & Linked Roles in Putin Agenda Revealed; Russian Mafia Nexus With Trump & Aides Goes Back Years

See major follow-up piece:July 27, 2017: Think You Know How Deep Trump-Russia Goes? Think Again: This Chart/Info Will Blow Your Mind

Also, see his related piece from December 7, 2016: The (First) Russo-American Cyberwar: How Obama Lost & Putin Won, Ensuring a Trump Victory

Trump, Tevfik Arif, & Felix Sater (of whom Trump testified under oath: “If he were sitting in the room right now, I really wouldn’t know what he looked like”) © Mark Holden/WireImage

AMMAN — This information concerns business dealings over the last decade and then some of Donald Trump, who at the time was hurting for investors and investment as Wall Street had all but shut down its loaning operations to him; this information involved criminal dirty money laundering coming from Russia, Russian organized crime, and associates of Russian President Vladimir Putin at a time Putin, his government, his close associates, and future associates of Trump—most notably Paul Manafort, his future Campaign Chairman—were involved in a massive Eurasian natural gas and criminal money laundering scheme worth billions of dollars that was part of Putin’s grand plan to control Ukraine. Updates also discuss context involving lobbying efforts, financing for Trump’s projects, and new or related developments that, in terms of Russian intrigue, incriminate even further both associates of Donald Trump and his successful presidential campaign (and, therefore, perhaps even his very presidency).

At best, Trump himself may have had no knowledge of this money laundering and these ties, but even this scenario highlights serious deficiencies in Trump’s judgment in terms of who he did business and politics with and how he did business and politics, pillars of his management style and of urgent interest to the American people as Trump manages the nation as president.   

While there is no direct proof of Trump’s knowing involvement or collusion in any single aspect of these dealings when it comes to laundering money or tilting a U.S. election with Russian help, the sheer number of them over a period of years and his close association with a number of key players in these crimes, combined with his positions and public statements as a presidential candidate that are the most pro-Russian of any major presidential candidate or sitting president, create a picture that stinks to high heaven and makes it more likely—not less—that something nefarious is going on between Team Trump and Team Putin. 

We may never know exactly what happened or exactly who is responsible or exactly what Trump was and wasn’t aware of, but, despite ludicrous claims to the contrary, this has nothing to do with the media or with irresponsible speculation; with so many questionable people, actions, and circumstances, the only sane and responsible course forward is to continue to vigorously demand more answers to the questions Trump and his associates have raised because of their actions and no one else’s, especially since their accounts of these events and people keep shifting as more and more evidence comes to light. After all, contrary to American civil criminal law, in the court of public opinion, the burden is on a sitting President with so many questionable connections to shed light on his dealings and to clear any hint of suspicion if he wants to earn the benefit of the doubt.

Time to go over what we do know, and what, when put together and given proper context, what that information makes clear and what it suggests.

Executive Summary

In earlier work, I revealed significantly deeper relationships than previously understood from all other previous public reporting between associates of Donald Trump, his presidential campaign, and entities related to them on one hand and associates of Russian President Vladimir Putin, his Russian government, and entities related to them on the other hand, relationships concerning efforts to advance the Putin’s interests, Russian government interests, and Russian organized crime interests. 

Two figures in particular, former Trump Campaign Chairman Paul Manafort and former Trump campaign foreign policy advisor Carter Page, were involved in major geopolitical events and entities that convulsed Ukraine beginning in 2004 with the Orange Revolution and through a massive Eurasian gas and money laundering scheme designed to facilitate Russian dominance of Ukraine whose effects are still being directly felt up through today with the war in Ukraine. 

Manafort and Page were linked by lines of power and influence connecting them through a short chain of major players and entities, and their presence and roles in the region overlapped in key areas for several years as they worked for Putin’s key allies to enact a plan designed to corrupt and dominate the Ukrainian state and to serve the purposes of Vladimir Putin’s anti-Western, anti-American agenda. 

Page operated on one end as an advisor not only to the Russian energy giant Gazprom, whose pipes much of the gas involved in the scheme passed through on its way to Ukraine (a fact well-reported), but also to another major Russian company, a large domestic power company called RAO UES (which I was the first to report in the context of Putin’s gas scheme) that ended up using some of the Gazprom gas—after passing through Putin-allied middlemen—to power its Russian power plants in a circular scheme returning the fruits of the gas to their country of origin.

Manafort’s part—far more pivotal, central, and direct than Page’s—was working with pro-Russian, pro-Putin Ukrainian political elites (especially Ukrainian on-and-off-again President Viktor Yanukovych, which the Orange Revolution had exposed and deposed, and his Party of Regions, for whom Manafort was the top political advisor) and business elites (especially oligarch Dmitry Firtash) and with Russian political and business elites (especially oligarch Oleg Deripaska); Firtash was linked to Putin friend and Russian mafia godfather Semion Mogilevich, who worked together to launder billions to profit themselves, Yanukovych, and Yanukovych’s political allies so they, flush with cash, could be bribed to do Putin’s bidding, bribe others to do the same, outspend rivals, and thus, overall, dominate Ukraine’s political system.

Manafort himself worked with Firtash and Mogilevich to set up a massive money laundering scheme in 2008 involving a Manhattan development project that defrauded its partners of millions and for which all of them were later sued by the former Ukrainian Prime Minister Yulia Tymoshenko, whose loss in Ukraine’s 2010 presidential race to Viktor Yanukovych and subsequent politically motivated imprisonment at the hands of his government were facilitated in part by the Manafort-led Manhattan scheme. Manafort also worked with Deripaska to help launder millions in order to hide/protect the personal fortunes of Yanukovych and his allies. For these efforts, Manafort was paid many millions. A partner of Manafort’s—Richard “Rick” Gates—was also involved with burnishing his efforts there and in efforts to lobby U.S. official to help Yanukovych’s comeback government and hurt the imprisoned Tymoshenko’s reputation.

Manafort, Gates, and Page ended up on Trump’s campaign, from which they are easily among the prime suspects responsible for Trump’s and his campaign’s unprecedented pro-Putin, pro-Russian positions that have made them the most pro-Russian (and pro-Putin) candidate and campaign in American history.

Additionally, but hardly of least concern, Mogilevich is the link from the realm of the first scandal set to another roughly concurrent scandal set that ties directly to Trump at the time it unfolded (a fact not reported elsewhere before my earlier piece): a series of at least three real estate deals—one in Manhattan, one in Fort Lauderdale, and one in Phoenix—all spearheaded by a company called Bayrock and that all ended in scandal and disaster. One of the point-men for Trump on all of these deals was the son of Mikhael Sheferovsky—AKA Michael Sater—an alleged Mogilevich capo (an allegation not reported by any major news outlet before my previous piece); this son, one Felix Sater, has a mysterious but clearly Russian mafia-linked violent criminal past of his own that may have even involved working for Mogilevich. Sater and his Bayrock business partner Tevfik Arif helped bring in significant financing and financiers who were either Russians/former Soviets with Putin and/or Soviet ties and/or people with shady and/or criminals pasts, often tied to money laundering, especially Tamir Sapir, Alexander Mashkevich and the now-notorious FL Group of Iceland.   

Through Mogilevich and cores of illicit Russian funding and financiers, then, three international illegal money laundering schemes—the Ukrainian Eurasian laundering plot, its related Manhattan money laundering deal, and the series of Bayrock deals with Trump that all either involved, likely involved, or were likely set up for money laundering—are all linked together at roughly the same time for the first time here.

But in this case the devil—and the Trumps—are in the details.

Setting the Stage in Ukraine: Page & Manafort Arrive

To begin to understand the big picture, one has to go back to 2004.

In 2004, Carter Page moved to Moscow and set up Merrill Lynch’s branch there. His bio on the website of Global Energy Capital LLC, which Page founded and where he is currently a managing partner, states that “[h]e spent 3 years in Moscow where he was responsible for the opening of the Merrill office and was an advisor on key transactions for Gazprom, RAO UES and others.”

As Page was setting up shop in Moscow, Paul Manafort began running Victor Yanukovych’s political life. 

Yanukovych is a notorious, scandal-ridden Ukrainian politician that first attracted global attention in the Ukrainian presidential election of 2004. Leonid Kuchma, the outgoing president during these elections, had appointed Victor Yanukovych as his prime minister late in 2002 and had backed him as a pro-Russian (and pro-Putin) candidate in the 2004 election, even to the point of trying to rig and steal the election for Yanukovych, which sparked the Orange Revolution that, in turn, led to the Ukrainian Supreme Court-ordered redo election that resulted in the defeat of Yanukovych and victory for the more pro-Western Viktor Yushchenko, who had almost been killed by a mysterious poisoning incident (with poisoning hardly an unheard-of fate for opponents of the Kremlin and Putin). 

Yanukovych had already developed a reputation for extreme corruption by this time, but that did not stop Paul Manafort from running Yanukovych’s campaign late in 2004 for the redo election. Despite the loss, Manafort stuck around and was hired to take charge of both rehabilitating the disgraced Yanukovych and strategizing for his political party, the Party of Regions, helping them helping them over the ensuing years to gain power at the expense of Ukraine’s pro-U.S., pro-Western, post-Orange Revolution government.

This type of work was hardly out of the ordinary for Manafort, as his client list includes dictators like the Democratic Republic of the Congo’s (then Zaire’s) Mobutu Sese Seko, the Philippines’ Ferdinand Marcos, Somalia’s Siad Barre, Sani Abacha of Nigeria, and Kenya’s Daniel arap Moi; other clients include Jonas Savimbi (the leader of the Angolan human-rights-abusing rebel guerilla group UNITA), and the Kashmiri American Council (a front for the terrorist-dealing Pakistani government intelligence service ISI that had helped create the Taliban, among other nefarious activities).

Interestingly enough, the Associated Press (AP) just a few days ago revealed a bombshell of a story in which it was revealed that Manafort proposed (through a formal memo, no less) a massive lobbying effort designed to discreetly help promote Putin, the Russian government, and their agenda while undermining their critics, with efforts concentrated in the United States, Europe, and former-Soviet republics and targeting government officials, political groups, the news media and journalists, and businesses by acting to “influence politics, business dealings and news coverage inside the United States, Europe and the former Soviet republics to benefit the Putin government.”

The proposal was pitched to Oleg Deripaska in 2005, a fabulously wealthy Russian oligarch with ties to Russian organized crime who has a very close, generally good—if not always great—relationship with Putin and who, as I noted before, was then working with Manafort to promote Russian interests in Montenegro in a campaign designed to get Montenegro to secede from its union with Serbia and allow greater Russian (and Deripaskan) influence with that result (Montenegro would secede anyway in 2006 but not under Russian auspices, and it is quite telling that only a few months ago a Russian plot to overthrow Montenegro’s government and assassinate its prime minister, who is now trying to join NATO, was exposed and foiled). 

Under the terms Manafort proposed, a contract was agreed upon in 2006 and lasted until at least 2009, one in which Manafort was paid $10 million a year and Manfort used a Delaware shell company—LOAV Ltd.—of his to conduct official business and transactions.

AP obtained numerous documents, memos, and wire transfer records to corroborate its story. 

Later, as I also wrote about before, Deripaska and Manafort had a dramatic falling out c. 2014 that resulted in a Cayman Islands court battle over $19 million related to their efforts to launder money for Yanukovych and his allies, but not before the aforementioned working relationship was well established. The recent AP story broke just hours before CNN reported that FBI officials have information describing how “associates of President Donald Trump communicated with suspected Russian operatives to possibly coordinate the release of information damaging to Hillary Clinton’s campaign.,” and AP soon after reported that U.S. Treasury officials are investigating Manafort’s offshore financial dealings. 

If these interactions seem dramatic, Manafort’s machinations involving Ukraine are even more so.

Criminal Scheme #1: Part I: Manafort & Putin Allies Oversee Flooding of Ukraine with Dirty Gas Money to Establish Russian Dominance

Court documents allege that Manafort first became acquainted with Yanukovych in 2003, a time when he also began cozying up to some of Ukraine’s and Russia’s most powerful oligarchs, at least ones allied with Yanukovych and Putin. Throughout the rest of the decade, Manafort entered into a variety of shady business deals with some of these oligarchs and others, deals that generally seemed to have some ulterior motive in advancing Putin’s agenda in the background. In particular, around the same time he began interacting with Yanukovych, Manafort befriended Ukrainian oligarch, natural gas businessman, and Putin ally Dmitry (Dmytro) Firtash, according to court documents. Firtash, featured in the Panama Papers revelations, had been the main middleman bringing in both Russian and Central Asian natural gas to Ukraine since 2002 and was linked to the essential head, or “boss of bosses”, of the Russian mafia, Semion Mogilevich, also a friend of Putin’s and on the FBI’s Ten Most Wanted list from 2009-2015.

A Swiss-registered company called RosUkrEnergo (RUE) was created in mid-2004 by the outgoing pro-Russian Ukrainian President Kuchma and the not-going-anywhere Putin to replace the company represented by Firtash that was handling Ukraine’s Russian-related natural gas imports. The imports ostensibly came from the former Soviet republic of Turkmenistan but through shady deals that seemed mostly orchestrated and subsidized by Gazprom, the Russian gas giant company then dominated, and soon to be majority-owned, by the Russian Government and close Putin allies; additionally, the gas traveled through pipes wholly owned by Gazprom that went mostly through Russian territory. But not much changed with RUE in that Firtash ended up owning 45% of the new company, a stake that is partially a front for Mogilevich to control the company. A total of 50% of RUE was owned by Gazprom, making clear the incestuous nature of the entire arrangement.

But there was a bigger picture, a greater purpose, to all these machinations than just Gazprom dominance of the region’s gas industry, and the specifics of the deal make the following scheme quite easy to understand: Gazprom would basically sell billions of dollars of gas to Firtash through RUE at a steal of a price; Firtash would then sell billions of dollars of the gas at hiked-up prices to Ukraine; the profits would then be used to fund pro-Russian politicians in Ukraine with billions of dollars; and, finally, bankers that were close Putin allies would open up lines of credit for Firtash in the billions of dollars so that Firtash could buy key Ukrainian assets and multiply his influence even further.

It’s no coincidence that this scam came into being not long after Yanukovych’s defeat at the hands of a more pro-Western candidate and as that candidate-turned-president’s relatively pro-Western government was trying to limit Russian influence in Ukraine. Unsurprisingly, some of the disputes between Ukraine and Russia involved fighting over gas deals. This all culminated in a January, 2006, shut-off of Russia’s gas flow into Ukraine and therefore into much of Europe as well, which received the vast majority of its gas from pipes passing through Ukrainian territory. 

Soon after the shutoff, a new arrangement was made: RUE would now be the exclusive and direct supplier of all natural gas coming from Central Asia (Turkmenistan, Uzbekistan, and Kazakhstan) and Russia, and, along with Gazprom and Gazexport (Gazprom’s export subsidiary selling non-Russian produced gas), it would sell to the Ukrainian market to all of its industrial customers through a joint venture with Naftogaz Ukrainy, Ukraine’s state-owned energy company, the joint venture being called UkrGazEnergo (or UkrGaz-Energo), and would sell gas to Naftogaz to distribute among Ukrainian households and municipalities.

But there was another key factor in the deal: RAO UES—Russia’s major and majority-state-owned power company—would buy and import Ukrainian-generated electricity into European Russia, with the Ukrainian government providing that energy from the gas that RUE was being paid by Ukraine to import from Turkmenistan into Ukraine that had been purchased by the joint-venture UkrGazEnergo to sell within Ukraine; the government of Ukraine would deliver the electricity to RAO in exchange for the gas needed to generate it, with RUE (or another Firtash firm) apparently acting as the intermediary, buying the gas from UkrGazEnergo; that gas would then be delivered to Ukrainian power plants, which would produce the electricity that would then be sold to RAO to sell in Russia. One of the reasons for this confusing complexity is that at each stage along the way there was the possibility of marking up or down the price when it suited the purposes of those who set up the system in the first place.

Naturally, this overall deal was so unpopular with Ukrainians—who felt cheated at getting sold gas at hiked-up prices and allowing entities with little (or no?) supervision in a process that presented opportunities for massive corruption—that Ukraine’s parliament voted against the deal, albeit it ended up being a nonbinding vote and the agreement went ahead anyway. This arrangement would last from 2006 through early 2009, when another dispute derailed it.

A Page-Manafort Connection Through Gazprom, RAO UES, Firtash, & Mogilevich?

It is important here to note that Carter Page’s tenure at Merrill Lynch was from 2004-2007; the only two companies his aforementioned current bio mentions in relation to this tenure are Gazprom and RAO EUS, claiming that he was an advisor on “key transactions” of theirs; it is hard to imagine transactions more “key” than those involving gas being transported from Central Asia and Russia to Ukraine and Europe and being sold to both, than the creation of RUE, than RAO’s subsequent deal with Ukraine; if Page is telling the truth about his role, it is virtually inconceivable—considering that he advised both Gazprom and RAO and the way they would be tied together starting in 2006—that he would not be aware of what was going on. 

After all, as someone with a PhD and an MBA and a graduate of the U.S. Naval Academy, Page would certainly have been aware of the geopolitics of these deals and that they went against American interests at a time when Ukraine was trying to align itself with America and Europe and thus escape the stranglehold of the Kremlin.

However, Julia Ioffe’s profile of Page raises important questions about whether Page is exaggerating his role, and is filled with anecdotes from people knowledgeable about these types of deals who had never heard of Page and people who did know (of) him suggesting he was actually a nobody (though the veracity of their claims are unverifiable as well, some perhaps being of the sour-grapes variety, others perhaps not wanting information on him to get out and acting to throw the curious off his trail, others saying nothing to confirm that they had actually worked closely or directly alongside Page); maybe Page himself deliberately kept a low profile, staying under the radar purposefully. Without a more formal investigation, it is impossible to know what the full picture is; even if Page exaggerated his role, if he was still talking to people at both Gazprom and RAO at this time—even if his discussions interactions may have been more informal than formal (he was apparently often tasked with meeting and greeting, setting up meetings and seeing them through, presenting opportunities for many informal conversations and meetings)—it is certainly a realistic possibility that he still knew a lot and performed an advisory role, one that was perhaps unknown by his colleagues at Merrill.

Finally (and I raised this possibility last July), if he knew what was going on and was involved, there is certainly a possibility of interest being piqued if he came to know that another American in Manafort was involved on the other side of these deals, with the same being able to be said of Manafort, and that interest on either side could have led to either one making contact with the other, contact that may have led to some sort of coordination.

This is admittedly speculative, but a real possibility nonetheless, and is certainly not one bit less speculative than an enormous portion of the mainstream media discussion and reporting on both the e-mail/server situation with Hillary Clinton and the Clinton Foundation. The question of about a possible Manafort and Page link, and the fact that they were involved on one level or another in the massive Eurasian gas scheme, deserve more official scrutiny and need to be answered through a formal investigation because it is clear that those in question have no intention of sharing the truth.

Criminal Scheme #1: Part II: Manafort & Putin Allies Use Dirty Gas Money to Prep Yanukovych Comeback

Russian Government

As for the dispute that derailed the 2006 gas deal, the foundations were laid with the popularly unpopular 2006 deal itself. 

A former prime minister and gas tycoon in her own right and a co-leader of the Orange Revolution, Yulia Tymoshenko, rose to become prime minister again in December 2007, and it was clear that she was on a mission to drive out Russian domination of the whole gas system and push against Russian influence in Ukraine overall: this meant taking on Firtash, Mogilevich and the Russian mafia, and RUE. 

The first step was to get rid of UkrGazEnergo, run by RUE and Naftogaz, but then Tymoshenko set her sights on taking RUE and Firtash (and thus Mogilevich and the mafia) out of the loop, an admittedly more ambitious step, which lead to a series of hostile exchanges between Russia and Ukraine. But in October of 2008, Tymoshenko finally worked out a deal with Putin to remove RUE from Ukrainian gas deals, but they were subsequently unable to agree on pricing, leading to another shutdown on the part of Russia of gas going into Ukraine, and by extension, most of Europe, for almost three weeks in January. But on January 19th, a long-term, ten-year agreement was reached, and only a few days later normal flows were restored, much to the relief of not only Ukraine, but also Europe, as it was the middle of winter; additionally, the parties agreed to take future disputes to arbitration in an international commercial dispute court in Stockholm, Sweden.

If it seemed the players of Team Putin gave up too easily on having RUE taken out of the game, they had other plans in motion to counter Tymoshenko’s effort to limit Russian influence in Ukrainian politics…

Criminal Scheme #2: Manafort Key Agent in Laundering Dirty Gas Money to U.S. During Crackdown

Even before Putin agreed to let Tymoshenko kill RUE, his agents—including Firtash, Mogilevich, and Yanukovych (the latter with Manafort acting as his right-hand man)—were already putting in place plans to go around and escape her efforts; some of these involved setting up a fake U.S. investment fund that was initially capitalized with $100 million; Firtash (acting on behalf of himself and Mogilevich) paid Manafort and his people—including Rick Gates, (who had joined Manafort’s efforts as part of his consulting firm in 2006)—$1.5 million to handle the money. The main purpose of said fund was to act as a conduit to launder money from the Firtash/Mogilevich gas dealings that were being scrutinized by the Tymoshenko government.

Among the various fraudulent deals they went into was one in 2008 for $895 million for the site of the famous Drake Hotel on Park Avenue in New York, with Firtash wiring $25 million towards the project to make it look legitimate, and a further $25 million was later laundered through the project, but rather than truly move forward and apply the money to the project, the Drake property was never actually purchased: the deal, like their other deals, never closed and eventually fell through after many third parties had spent a lot of time and money trying to close it out and after many employees were not paid, but not before Manafort, Firtash, Mogilevich, Yanukovych, and their allies were able to keep substantial funds away from the prying eyes of Tymoshenko and Ukrainian authorities during crucial periods of her time as prime minister (remember this model, it will return…).

Unfortunately for Firtash, Mogilevich, and their backers, unlike money, natural gas is not something that can be laundered: in early 2009, Tymoshenko orchestrated a seizure by Ukraine’s own state-run Naftogaz—a seizure allowed under the agreement she made with Putin—of 11 billion cubic meters of gas from RUE’s gas stockpiles, a quantity worth billions of dollars at the time; Timoshenko had effectively cut out the middlemen who had been hiking up prices and using those profits to poison and pollute Ukrainian politics for Putin’s plans. 

Playing a longer-term game, Firtash initiated a lengthy arbitration process through Stockholm…

Other planted crops were already bearing fruit: unfortunately for Tymoshenko, though she had risen to be Prime Minister late in 2007, in that election and even in the prior 2006 parliamentary elections, Manafort had groomed Yanukovych’s Party of Regions into a party that campaigned using modern, highly effective techniques and tactics; in both elections, the Party of Regions ended up having the most seats in parliament of any single party by significant margins, but ended up being in the opposition because of alliances made between Tymoshenko’s bloc and other parties. Of course, Manafort and The Party of Regions were operating with a gigantic advantage: the enormous amount of money flowing from the massive Eurasian gas scam. All this meant that Yanukovych’s opposition was certainly within striking distance of taking over the government, and that even by 2006 Manafort and the gas scheme had already achieved great success in rehabilitating Yanukovych and his party and in making them together a smoother political machine with more power and influence.

The distance would close, and that strike would happen, in 2010.

Uniting Criminal Schemes #1 and #2: the Downfall of Tymoshenko & Setting the Stage for War

Early in 2010, Yanukovych won the presidential race (with a lot of money from Firtash, who had made over $3 billion from these crooked gas deals), defeating Tymoshenko in a runoff election, the culmination of over five years of work with Manafort and the whole gas scheme crew. Not long after, Tymoshenko lost her position as prime minister in a vote of no-confidence. Meanwhile, in the wake of his victory, Yanukovych worked to undo many of the Orange Revolution reforms, curbing democratic freedoms in areas ranging from the courts to the press. Most notably, in December, 2010, Tymoshenko was retroactively charged with abusing her power during her recent stint as prime minister, and, after a widely condemned(including by the U.S.) politically-motivated show trial, was sentenced to prison in October 2011. 

Manafort and Gates actually lobbied American lawmakers on behalf of Yanukovych’s government from 2012-2014, defending the imprisonment of Tymoshenko and trying to discredit her, as well as trying to improve the image of their client and his government; they did this without disclosing their lobbying activities as required by U.S. law. Incidentally, in these efforts—paid in part by Rinat Akhmetov: Ukraine’s wealthiest man for the last eight years, one of Yanukovych’s main patrons, and a client of Manafort’s since Manafort’s earliest days in Ukraine and for whom Manafort helped arrange a meeting with Vice President Dick Cheney—they utilized the services of two Washington, DC, lobbying firms, including Podesta Group Inc., run by the brother of John Podesta, Hillary Clinton’s 2016 Campaign Chairman and later victim of Russian-government hacking and WikiLeaks disclosures (the day after this information was made public in mid-August, 2016, Manafort resigned from his role as the Campaign Chairman of the Trump campaign during a week in which his role had already been eclipsed by the addition of Kellyanne Conway and extreme-right-wing Breitbart News’s Stephen Bannon to run the Trump campaign; as for Gates, it was unclear at the time if he had stayed on board or left and the Trump campaign was refusing to clarify the matter). 

Lobbying efforts throughout this period for this circle were also hardly limited to Manafort and Gates, with those efforts for years having for years been tied to prominent Republicans in the United States.

Perhaps most prominent among the lobbyists, former Senator and 1996 Republican presidential candidate Bob Dole—for whom Manafort had been a strategist—was paid over half a million to lobby for Deripaska, who was then, and is still, denied a U.S. visa for his links to the Russian mafia. 

Yuri Boyko, a pro-Russian Ukrainian politician who is a close Yanukovych ally, former minister of several energy related sections of Ukraine’s government, and was heavily involved in setting up the Eurasian gas scheme, paid nearly $100,000 to a Washington lobbyist to meet with top Republicans. 

Barbour Griffith & Rogers, co-founded by the former Republican Governor of Mississippi and major GOP insider/activist Haley Barbour, was paid over $800,000 for lobbying efforts by a lawyer who “structured” the legal aspects of the Eurasian gas scheme. 

Though he had been on the FBI’s Ten Most Wanted List, Mogilevich strangely enough has been able to retain the lawyerly services of Republican William Sessions, who was the FBI director from 1987-1993, to lobby on Mogilevich’s behalf for deals with the U.S. government to clear his charges; those talks, which failed, were arranged by Neil Livingstone, a prominent consultant whose firm, GlobalOptions, serviced many Russians and former-Soviet-republic-businessmen; GlobalOptions was introduced by Barbour Griffith & Rogers to a shell company called Highrock Holding(s) used by none other than Firtash as a prominent vehicle for his money laundering in the Eurasian gas scheme; Highrock paid GlobalOptions for at least two projects, one a mysterious “special operation” as named in a subsequent lawsuit for an unnamed member of the Ukrainian government. And just to give one example of Firtash’s European outreach, Firtash’ relationship with several Conservative MPs in the UK may prompt an official investigation.

For his part in engineering Yanukovych’s comeback and Tymoshenko’s downfall, Firtash also got some $3 billion in gas assets returned to him that had been seized by Tymoshenko’s government as a result of proceedings at the arbitration court in Sweden, as once Yanukovych was in power, Ukraine and Firtash essentially became the same party in the case, with Ukraine’s lawyers dropping opposition to Firtash’s attempts to recover the seized gas, now only too happy to see $3 billion in gas go from the ownership of the Ukrainian people back to Firtash; it was clear in this matter that the Yanukovych government was willing to fight for the interests of Putin and Firtash, but not its own people; without Ukraine’s representatives making any case whatsoever, the court simply sided with Firtash in June of 2010. 

Firtash also got his aforementioned credit lines from Putin’s bankers not long after Yanukovych’s victory, specifically some $11 billion in credit from a consortium of banks arranged by Gazprombank, the flagship banking arm of Gazprom (the corruption is so blatant that the companies apparently do not care that their names announce it to the whole world); Gazprombank would not disclose which other banks were part of this arrangement, but by itself it lent him $2.2 billion, the largest possible amount under Russian law and almost one-quarter of the bank’s total capital, making him Gazprombank’s single largest individual borrower; Firtash used this cash to expand his holdings (especially in the chemical and fertilizer industries) and power in Ukraine, all while staying close to Yanukovych. These moves actually made him the fifth-biggest fertilizer maker in Europe and helped him establish relationships with politicians throughout Europe; when reporters asked him where all the money came from to enable him to do all this, he coyly replied: “It’s a secret.” From January 2011 on, Firtash was again buying Gazprom gas at a discount through shady international front companies, then selling that gas back at a far higher price to his new assets, to the tune of billions in questionable profits to his shell companies, in something of a return to the old system before Tymoshenko had rocked the boat.

But the spirited Tymoshenko was not content to only be on defense during this period; during her trial and from prison, she filed a lawsuit in a U.S. District Court in Manhattan in April 2011; in it she names Firtash, Manafort, Mogilevich, Yanukovych, and their front companies as defendants, including initially RUE (but RUE was switched out to name the front companies that controlled it for Firtash and Mogilevich in later amended complaints); the suit accused them of setting up a series of racketeering, fraud, and money laundering enterprises in the U.S. designed to keep dirty gas money away from Ukrainian authorities when she was prime minister and that such activities resulted in material harm for her since they contributed to the downfall of her government and her unjust trial and imprisonment. After being rejected several times, a fourth and final version of the suit was rejected in September, 2015; while not ruling out criminal wrongdoing on the part of the defendants, the judge ruled that the higher-than-average standards for convictions under the RICO statute were not met; still, in the longer ruling rejecting the third complaint, it was noted that “the Court accepts as true the allegation that some of the money that passed through the U.S. Enterprise was ‘funneled back to Ukraine’ — albeit by unidentified actors — and somehow used as ‘financing’ for Tymoshenko’s ‘persecution.’”

*****

Yes, after the 2010 election, everything was going perfectly in regards to Ukraine for Putin, Yanukovych, Manafort, Gates, Firtash, Mogilevich, and their teams, but, as in 2004, there was one thing that they did not plan well for, and it was the same thing that confounded Soviet leaders for decades and led to the downfall of the USSR: the people had other ideas. 

Many Ukrainians—especially younger ones—realized what was happening to their country, and were hopeful of better opportunities and a better future by having Ukraine orient itself more to the West, towards Europe and the U.S. and less corruption. Yanukovych sought to placate these desires by courting a major trade deal with the EU.

But in November 2013, protests erupted over Yanukovych’s about-face backing out of this long-desired EU trade deal in the face of a Russian counteroffer. In particular, protests erupted in a main square (the Maidan Square) in Kiev, Ukraine’s capital, protests that did not go away and came to be known as the Euromaidan protests. After months of a tense situation, security forces shot and killed dozens of protesters on February 20th, 2014; in response to the government’s use of violence, the protests swelled exponentially, fueled by mass public outrage at the bloodshed, and by the end of February 22nd, the Ukrainian parliament had voted Yanukovych out of office, security forces had melted away in Kiev, protesters had taken over the capital, Tymoshenko was freed from prison (in a wheelchair, recovering from what she said was physical abuse and ill-treatment at the hands of her guards and authorities), and Yanukovych has fled the city; soon, he would flee the country to Russia with the help of none other than Putin; today, he is still wanted by Ukrainian authorities for the deaths of the protesters, but he hopes to one day return to Ukraine again as president, which he still contends he is legally. 

Putin had overplayed his hand: his royal straight flush of an ace of natural gas, a king in Yanukovych, a queen in Firtash, a jack in Mogilevich, and a 10 in Manafort did not anticipate a wild-card joker in the form of Yanukovych’s allies fleeing him; that joker lined up with four 2s consisting of many of the Ukrainian people to make five of a kind, the people beating Putin’s flush. But Putin had invested a lot into Ukraine over many years, into controlling its politics and energy sector through gas, Yanukovych, Mogilevich, Firtash, and Manafort: faced with his whole house of cards collapsing in on itself in the face of popular resistance, and with a government hostile to him and his intentions once again in place after a decade of effort designed to restore and maintain Russian hegemony over Ukraine, Putin went to Plan B: the dismemberment of Ukraine and war.

Which is exactly where the situation is today (and, of course, gas is in the middle of the conflict).

Firtash has fled Ukraine as well, and is also wanted by U.S. authorities for a separate racketeering and bribery scheme; he was living in a sort of exile in Austria, but just late last month, a U.S. extradition request based on bribery and corruption charges in a Chicago-based case was approved in Austrian court (the ruling is almost unappealable), though in a bizarre twist he was arrested mere minutes after the ruling by Austrian authorities on a Spanish warrant related to charges of money laundering and organized crime.

In light of ties to Manafort and the related implications for Trump’s presidency, as well as the scandals and ensuing war in Ukraine, his relationship with the Russian mafia, and importance to Putin, this could be one of the most sensational and important internationally focused trials in many years. And, not to be macabre, but it is highly doubtful that either Putin or the Russian mafia will give Firtash the chance to prove his loyalty or show his disloyalty, as powerful men willing to orchestrate murder for far less have little reason to allow him to be tried and risk so much, especially as they have demonstrated a willingness to act through any means necessary to silence individuals who put them at risk.

In the end, Manafort made millions and Gates profited too to the tune of who knows how much off the activities mentioned here (e.g., hand-written records from the office of Yanukovych’s Party of Regions show the Party had set aside payments totaling $12.7 million specifically for Manafort from 2007-2012 alone; Gates was also involved with Manafort in the $19 million Cayman Islands fiasco with Deripaska, who accused both of the other two of illegally bailing out on him the fate of that $19 million is still unknown; all this is totally apart from the newly-revealed annual $10 million Manafort got from his Deripaska-brokered deal), profiting to an obscene degree all while helping to weaken and corrupt Ukraine’s democracy, assisting massively crooked international energy deals, undermining U.S. interests, helping Putin and his allies profit enormously, and helping Russia dominate Ukraine. The culmination of their work for over a decade can be seen in the first war on European soil in two decades. And it was this resume which earned them spots on Trump’s campaign as he sought to become the leader of the free world and succeeded. For some time it even seemed Manafort had more influence on Trump than anyone whose last name was not Trump.

Manafort and Gates have plenty of other questionable dealings, including one particularly scandalous piece of drama with a Russian oligarch featured in the Panama papers revelations and close to Putin. There are at least two U.S. government inquiries into Manafort and one into Page, and Trump associate and Republican political operative Roger Stone is being investigated by the FBI for his ties to WikiLeaks and its founder Julian Assange, who have questionable ties to Russia and who the whole world knows is receiving information stolen by Russian government hacks related to Clinton, Podesta, and the Democratic party. There are also other Trump campaign staff and/or associates with questionable ties to Russia: Michael Caputo and retired Lt. Gen. Michael Flynn, and one American ex-spy alleges a plot by the Kremlin to co-opt Trump against the backdrop of all this.

Less is known about Gates and his role, but after he was brought onto the Trump Campaign by Manafort), he was important enough to be trusted with the vetting of Melania Trump’s Republican National Convention speech—Donald Trump’s wife’s introduction to the nation as a whole—a task at which he famously failed, and failed miserably. It was not clear what the status of Gates was once Manafort resigned, but recent reporting has shown that kept a low profile after and acted a link between the campaign and the RNC; once Trump won, he was apparently planned Trump’s inauguration, and since then he was shipped off to a pro-Trump and strangely quiet-ish nonprofit called America First Priorities (which also landed Trump All Star Katrina Pierson), where he has stayed until this the new reporting on Manafort, after which it seems he was deemed too much of a liability and was nudged out just days ago.

As for Page, it still isn’t even clear who brought him into the Trump Campaign (Julia Ioffe’s account of Page, the most exhaustive yet, illustrates how multiple answers have been given and none have been confirmed, but people sure seem angry about being asked about him); what is known (and it isn’t much) is that he was one of only five foreign policy advisors Trump could actually name in a Washington Post interview from a year ago, suggesting his influence on Trump could be far from insignificant. As his relationships with important Russians are being looked into by the U.S. government, to simply dismiss him as being a charade would be premature, indeed—especially in light of information on Page apparently meeting with Russian officials coming out of the as of yet only partly-substantiated dossier from an ex-MI6 intelligence officer—despite questions of how serious his role was at Merrill and how deep his ties to Gazprom and RAO UES actually were. What is certain is that questions about his role remain, questions which need to be answered, especially in light of his incredibly anti-American, pro-Russian views that could just as easily be coming from Russian Foreign Minister Sergei Lavrov or a “pundit” on RT and his continued investment in Gazprom. 

Direct Trump Involvement

Trump might have enough to worry about were it just for what has been described above; still, while both of the previous schemes are relevant to Trump insofar as three future Trump Campaign staff—Page, Gates, one of the most important and powerful people in his entire presidential run: Manafort—were involved in various ways in the just-outlined past criminal schemes and/or in the future acted to further the interests of Putin and his Russian government, now we get into territory where Trump himself was directly involved, and in not just one, but roughly a half-dozen situations linked to Russian organized crime.

A piece of context that is important to note for all of the following cases is that the setting for the following suspicious deals was a Donald Trump and a Trump Organization that was reeling financially.

By the mid-2000s Trump was having a hard time finding investors: he had just declared bankruptcy in 2004 for one of his major casino businesses to the tune of $1.8 billion in debt (and would declare another business bankruptcy in 2009, his fifth and sixth overall business bankruptcies, respectively) and all major Wall Street lenders—whose relationships with Trump had been souring for years—stopped offering Trump loans, in part because of his frustrating and suspicious business practices.

That is, all but one: Deutsche Bank, yet even that relationship “frayed” starting in 2008 because of Trump’s untrustworthiness as a business partner (Deutsche itself would later become involved in major money laundering scandals involving Russia, but more on that later).

So Trump was clearly hurting for investment after that 2004 bankruptcy, and yet, somehow, by 2008, Donald Trump Jr. was able to publicly remark that “Russians make up a pretty disproportionate cross-section of a lot of our assets” and that “we [i.e., the Trump Organization] see a lot of money pouring in from Russia;” yes, this was a time when Trump was aggressively courting Russian business (it should now be obvious why Trump has not released his taxes and why that information could, and likely will be, so crucial to the investigations into his Russia ties and to the public’s evaluation of Trump).

In fact, a report from Reuters from less than two weeks ago noted how in just seven Trump luxury towers in southern Florida, 63 Russian passport/address-holders have bought $98.4 million in property; they include “politically connected businessmen and other elites,” though “none of the buyers appear to be from Putin’s inner circle;” one buyer, Alexander Yuzvik, was senior at Spetstroi, a Russian state-owned company that has done construction for Russian military and intelligence, including the G.R.U. and the F.S.B. intelligence agencies that were heavily involved the 2016 American election hackings, with Yuzvik only stepping down in March 2016, after the hacking operations had begun, though as of now, no evidence has surfaced linking him to these operations.

The above figures may even be a conservative estimate: at least 703 out of 2,044 of the units in the seven towers were owned by limited liability corporations (LLCs), often designed to mask their owners’ identities; many owners’ nationalities could not be identified; and Russian-Americans without a Russian passport/address were not included.

*****

At the same time the aforementioned Eurasian gas and Manafort-led New York real estate dual schemes were taking place, and while Donald Trump was losing investors in the U.S., Trump was cultivating Russian/former-Soviet business relationships. One of his point men in these efforts was Felix Sater, the son of an alleged mob captain of Mogilevich’s Russian mafia operation; the offices of Bayrock, Sater’s real estate company where he was Chief Operating Officer and eventually the dominant force within, were even in Trump Tower itself.

Sater, a man with a violent, criminal, mafia-rife past of his own, had himself previously been caught up in an elaborate 1990s $41 million stock fraud scheme on Wall Street that had used the Russian mob to launder money at a time, it should be noted, when Mogilevich was active in large-scale stock fraud and laundering in North America. Sater ended up assisting U.S. authorities for years, even, apparently, on CIA-related national security issues involving missile terrorism-related purchases in either Afghanistan or Russia, and the details on all this remain something of mystery: his operations with the government remain secret and the juiciest details of the Wall Street case were sealed and remain so despite repeated efforts to unseal them (they were sealed at the time, interestingly enough, by then-U.S. Attorney for the Eastern District of New York, Loretta Lynch, who just stepped down as U.S. Attorney General the day Trump was inaugurated president). 

As a result, there is also virtually no information on the specifics of the Russian mafia’s activities in Sater’s Wall Street scam, but there is a reasonably good chance or even higher that Mogilevich was running the Russian mob’s involvement in it, or was at least involved, since he was actively pursuing similar schemes in the U.S. at the time, possibly had a connection to his alleged old capo in Sater, and since Mogilevich was already such a major figure in the Russian mob at this point, keeping in mind that hierarchy matters quite a bit in organized crime; in fact, it is far less likely that the Russian mafia would be involved without Mogilevich when considering the points just mentioned. 

Now, that last point should not be taken lightly, considering that, just a few years later, Mogilevich was a primary actor in laundering billions of dollars on behalf of Firtash, Manafort, Yanukovych, and Putin; is it more or less likely that he would turn to an old connection—one with experience laundering money who had come to have the favor of the U.S. government, no less—to help with the laundering? Even without the Wall Street capers, Sater would have been an attractive candidate based on (possible) family ties alone, as would his nominal entry into real estate, as the real estate market in the U.S.has been an ideal avenue for money laundering for some time and is a top concern of U.S. officials, in part due to lax state, local, and federal laws.

Sater began working with Trump in in the early 2000s, trying to help him land real estate deals in Moscow, even showing Ivanka and Donald Jr. around the city in 2006 and introducing the Trumps to influential Russians. None of these potential Moscow deals ever went through…

Criminal Scheme #3: The Trump/Sater/Bayrock Deals

But a number of deals in the United States between Trump and Bayrock produced a far more interesting—and incriminating—history. 

Perhap’s Sater’s most famous partnership with Trump was an infamous deal to develop a SoHo property in Manhattan. The deal was concocted in 2006 by Trump, Sater, and two other partners from former Soviet states: one was Bayrock chairman Tevfik Arif, an ex-Soviet government official from Kazakhstan who’s rise to fortune is at least somewhat questionable; the other was Tamir Sapir from Georgia, who had decades ago established ties to numerous important Soviet officials after immigrating to the U.S., who may have very well been (once) part of—or even come to the U.S. secretly working for—the Soviet Ministry of Internal Affairs (at whose academy he had apparently studied), whose source of his wealth had long been subject to rumor-fueled suspicion, who introduced Trump to Bayrock, and whose former business partner had pled guilty to racketeering conspiracy charges spanning 13 years with the Gambino crime family (incidentally or not, at the time of the SoHo deal, it seems Sapir was not exactly mentally fit).

It turns out that the SoHo deal had a significant portion of its Sater-and-Arif facilitated financing—some $50 million specifically approved by Trump for it and three other projects—flow from a firm in Iceland, FL Group, linked to the Panama Papers revelations and one apparently known as a hub for the money of Russians “in favor with Putin.” Financing for these projects was also secured from Alexander Mashkevich (or Machkevich), a Kazakhstani billionaire with a history of money laundering.

Considering Sater had helped pave the way for this investment and recalling his possible Mogilevich connections, it is hardly unreasonable to assume that there is a high probability that some of the money coming in from Russians was in one way or another tied directly or indirectly to the giant Eurasian gas scheme worth billions, as this period was especially a time when Russians tied to Putin and operating through Manafort, Firtash, and Mogilevich were aggressively trying to funnel money away from prying eyes of the likes of Tymoshenko. Besides the Russian financing, some of the transactions involving the property were clearly carried out by shell corporations for the purpose of laundering money, transactions from which Trump profited. Furthermore, the SoHo deal was structured to cheat the U.S. government out of tens of millions in taxes, as the investments were illegally restructured as loans (not incidentally tax-free) to avoid paying hefty taxes on them, loans that would also give FL Group a big chunk of theoretical future profits over time. 

In the end, the deal went terribly for Trump, who was sued for fraud—his children Eric and Ivanka had inflated the level of interest in order to attract buyers—and in a 2011 settlement, he refunded 90% of the deposits on the building’s condos. 

One must wonder why likely Russian investors were so eager to invest $50 million in this deal, and if it was an excuse to launder money, rather than an actual investment, as was the case with the Park Avenue deal involving Manafort & Co, and that model would seem to be repeated by Bayrock again and again, Repeated in deals with Trump and with Sater serving again as a point-man.

Even as construction on Trump SoHo began in 2007, another of the Trump/Bayrock projects was rising in Fort Lauderdale, Florida; this one, the Trump International Hotel & Tower, would also result in disaster and led to over a dozen lawsuits, with over 100 condo buyers suing for $7.8 million. The project was supposed to have been completed by the end of 2007 but fell way behind schedule; Sater and his Bayrock partners secretly and seemingly cashed out their stakes in this project and several others—including the SoHo deal—in a deal with the aforementioned Icelandic firm, FL Group. Trump eventually pulled his name from the project, and when its buyers learned this in May, 2009, this only increased their outrage and added to lawsuits already in motion accusing Trump and Bayrock of fraud. As in the SoHo deal, confidential settlements, this time with dozens of buyers, ensued, and Trump refused to accept any responsibility, blaming the problems on the economic crises. Florida courts declined to rule that Trump or his partners had committed fraud, including a state appeals court just last year. The project finished years late, cost some $200 million, and was eventually sold for merely $115 million at a foreclosure auction. And while the evidence of money laundering in this case is not as explicit or solid as the information publicly reported on in the SoHo deal, it is still a similarly structured deal with the same partners that led to a similarly dubious result, making it more likely, not less, that similar laundering was taking place.

Another Bayrock partnership with Trump in Fort Lauderdale (not part of the FL Group ventures) was originally conceived of as the Trump International Beach Club; an initial $2 million in capital was provided by Arif in 2003, and from that point, Sater and Arif conned a friend of Arif’s who was also Sater’s landlord, Elizabeth Thieriot, lying about the value of the club, hiding their own investment in the project, and convincing her to provide a $1 million investment for a mere 4% of the Club, 12 times what they had paid for that percentage and allowing them to make a 1,125% profit on her investment; as in the SoHo deal, they illegally labeled the investment a loan to avoid paying taxes on it and were using their fraud to hide skimming $1 million off the top; on top of that, when there was income finally generated in 2005, they defrauded their partner Thieriot of her rightful share; eventually Theiriot figured out some of what was going on and sued her scammers in court in 2006, and they pulled similar scams on other investors/members in the Club. The project was apparently eventually reconceived of as the Trump Las Olas Beach Resort, but was suspended in a declining market by Trump himself in October 2007.

Another deal among the four which received FL Group financing was a failed project that never even got off the ground in Phoenix, Arizona. Trump began eyeing the Camelback area of Phoenix, Arizona, for a luxury residential tower back in late in 2003, a project similar to the others; Trump’s team, and then Trump himself, met with the mayor, who wasn’t impressed with Trump, and at a meeting in January, 2005, when plans were unveiled, local residents showed up to argue against the development, yet by September, the appropriate city bodies had approved the plans. It seems Sater’s people organized intimidation, bribery, and deception as tactics to deter residents from gathering enough signatures to force a public referendum that could have overridden the city bodies’ approval; under this pressure, the city council voted to reverse its decision and pressed the developers and the neighborhood association to reach a compromise, at which point Trump himself abandoned the project, not wanting to be part of anything that would be scaled down any further in scope and ambition. Ernie Mennes, the owner of the Camelback property who had gone into a partnership with the Bayrock/Trump developers, sued Bayrock in 2007 in federal court, accusing Sater of both threatening to “cut off his legs and leave him ‘dead in the trunk of his car’” and of stealing money from the project for himself. The judge oversaw a settlement and the case was sealed, likely because of Sater’s special relationship with the government. This property was part of the $50 million pseudo-offloading to FL group, and by June of 2009, Bayrock was relieved of the property, which it had left $36 million in debt, when it was “sold out from under” the company at a trustee auction for a mere $10 million.

The final in the group of four projects of Bayrock tied to FL’s “investment” involved a Waterpointe property in Queens (apart from approving FL’s money, Trump was otherwise not involved as far as we know). Bayrock bought the property in 2008 for $25 million, but the soil was contaminated and had to be replaced, which Bayrock did with other soil that was even more contaminated and was fined $150,000 for doing so; when Bayrock defaulted on a loan in 2011, the lender took over Waterpointe and sold it for roughly $11 million, less than half what Bayrock had paid.

As for FL Group, it failed in spectacularly 2008, along with Iceland’s other major banks/funds and many others in the world during the great global financial meltdown.

In a 2013 NY State Supreme Court lawsuit rising from a process that began in 2008, former and then-business partners of Sater’s at Bayrock—Jody Kriss and Michal Ejekam—sued Sater and his accomplices for damages and nonpayment related to Sater’s hiding of his past and his use of Bayrock primarily as a vehicle for criminal activities; in it, Donald and Ivanka Trump and the Trump Organization are named as defendants and the federal government is accused of illegally concealing Sater’s past and crimes in a way that defrauded previous victims from 1998 scam—including Holocaust Survivors—and subsequent victims of the other above schemes of many millions in restitution. The NY State Supreme Court removed the Trumps and their Organization from the suit; the plaintiffs had only sought declaratory relief in regards to the Trumps, i.e., they asked the court to determine what liability the Trumps had in regards to the case, and they were removed “without prejudice,” meaning the removal was no comment on their guilt/responsibility/innocence and that they could be sued again on the same grounds later. 

*****

Taken together, these examples amount to catastrophic losses and colossal mismanagement on the part of Sater and Bayrock and, at the very least, gross negligence and incompetence on the part of Trump; at most, he might have been aware of some of what was going on and turned a willful blind eye, or, even worse, he might have been in on it, though no evidence exists that proves this).

Actually, the performance of Bayrock was so bad, one would not be faulted for concluding they did not care at all about performance. And that seems to be right on the mark: it seems, if anything, these schemes were designed to move large amounts of money, often Russian-tied, into temporary projects that never came to fruition, but that would benefit Sater, Trump, and others high-up in the deals, but rarely if ever the investing partners outside this upper echelon; it seems these other duped partners and especially Trump would lend an air of respectability to clearly criminal schemes that were so poorly managed that the only logical conclusion is that Sater and his friends at Bayrock did not care about the future success of the projects nearly as much as they cared about laundering money and skimming from the top. Furthermore, since FL Group was a stupendously bad performer even by the standards of the 2008 financial crisis, and given its close ties to Kremlin-connected Russian money, one could also be forgiven for thinking there was something more going on there than met the eye. We may never know all the details or whose money was laundered and for what reasons—and if I had a magic wand I’d love to see if any the Manafort/Yanukovych/Firtash/Mogilevich Eurasian gas scheme money made its way into any of these Trump ventures—but it seems clear a lot of dirty Russian money was involved.

When considering Sater, it is important to remember that he has been busted multiple times by law enforcement and yet has not served jail time in America (with the exception of one year for stabbing a man in the face with a margarita glass and severing a nerve in the man’s face, or, as Trump put it under oath, Sater “got into a barroom fight, which a lot of people do.”) and enjoys the favor of the U.S. government, suggesting he is anything but a generally and especially stupid person; also remember that Sater has a long history of money laundering. 

So, in fact, once you look at the Bayrock deals and Sater assuming Bayrock’s primary reason to exist is for RICO money laundering, these deals that were once seemingly mind-bogglingly stupid all of a sudden make a lot of sense, and, in series of lawsuits beginning primarily on behalf of two of Sater’s Bayrock partners—Jody Kriss and Michael Ejekam, who weren’t in on the fun—for money they say is owed to them, Bayrock is precisely described as a RICO criminal organization, of which money laundering is one of its primary activities (in the main complaint, the word “launder” or one of its derivatives appears 39 times in the document).

Sater Saga

After Sater left Bayrock in 2008, none of this stopped him from being brought into the Trump Organization in 2010 as a “Senior Advisor to Donald Trump” even after Trump was made aware of Sater’s criminal past, and circumstantial evidence points to Sater still being connected to the Russian mafia. For his part, Trump has issued his typically contradictory and slippery statements—more aptly called lies—in regards to these dealings and, in particular, his relationship to Sater, with Trump lying repeatedly about his relationship with Sater and Bayrock in an attempt to falsely minimize them. And there is no distancing Trump from Bayrock: one of Bayrock’s flagship presentations from as late as 2008 list its three Trump-named projects discussed above before all others and lists The Trump Organization as its first “strategic partner” (followed by FL Group), Donald Trump as its first “reference,” and “Trump Tower” in New York as its address.

The Huffington Post also recently discovered just a few days ago that Sater owns three shell companies—Global Habitat Solutions (GHS), United Biofuels Company LLC, and Sands Point Partners GP LLC—that are apparent fakes that “sell no products and have no customers,” ideal for being used to launder money; GHS had collaborated with another company named Titan Atlas in promoting itself, a company co-founded by Donald Trump Jr. and in which Trump Jr. also invested; Sater used promotional images from Titan Atlas’ website for GHS’s own after Trump Jr. introduced him to Titan Atlas’ other co-founder, Jeremy Blackburn (with an unsurprisingly troubled corporate past), and Tital is now owned by another company controlled by the Trump Organization, run by Trump Jr. since his father became president. .

Sater even donated the maximum amount allowed to Trump’s 2016 presidential campaign, and the White House is even using Sater as a back-channel diplomatic go-between for Trump’s person lawyer, Michael Cohen, and a heavily-pro-Russian/pro-Putin Ukrainian legislator, Andrii Artemenko, who are discussing a Ukraine “peace plan” being pushed by close Putin aides; Artemenko also claims he has information damaging to Petro Poroshenko, Ukraine’s anti-Russian president facing off against Putin and his proxies in the Ukrainian Civil War. In an only partially-verified-by-U.S.-officials 35-page dossier on Trump and his people compiled by a respected ex-MI6 British intelligence officer, Christopher Steele, Cohen is said to have secretly met with Russian government officials during the late stages of the presidential campaign, though it is not clear if this—or what—specific information has been corroborated by U.S. officials, with journalists having been unable to thus far verify the information on Cohen, who denies playing this role.

The reason a lot of what is known about Sater and his past misdealings is publicly available, besides a then-revelatory late-2007 New York Times article, is because of the intrepid efforts of two of the lawyers who often represented plaintiffs against Sater in court: Richard Lerner and Frederick Oberlander.

Going back to that 2013 lawsuit, because Assistant U.S. Attorney Todd Kaminsky was included in these accusations for allegedly illegally aiding and covering up for Sater, U.S. Attorney for the Southern District of New York (SDNY) Preet Bharara (more on him on in a bit) ended up being involved tangentially in defending him in his capacity as a U.S. Attorney, playing a role in trying to moving the suit from the state court system to SDNY jurisdiction, but it was ultimately moved because of Sater and his ties to the government, not Kaminsky. Once in the hands of the federal court, Kaminsky was removed without prejudice from the proceedings.

Which brings us to one of the untold stories of this election, and one which may never be told in full: how Sater’s cooperation with the government gave him government protection from being held liable in many cases for his misdeeds while also helping to suppress information about him and these misdeeds, and how, had his past and crimes been front and center over the past decade, this knowledge could have done much to derail and discredit Donald Trump, his brand and family at a time when he was building a national following with his hit show The Apprentice, which he even used to promote his fraudulent, money-laundered SoHo deal. 

That the public, including Trump’s and Bayrock’s clients and customers, were kept in the dark about Sater—a fact which undoubtedly helped all of these related deals and others advance, which was not lost on partners of Sater’s, and which is at the heart of much of the legal action against Sater—and were kept in dark because Sater cooperated with the U.S. government, adds quite a what-if twist to the tale of Trump and his dramatic rise over the last decade to become the most powerful man in the world: what if the government hadn’t protected Sater, and all that evidence was out in the open while Trump and Bayrock were courting buyers and were fighting court battles? What would that have done to Trump’s reputation if he became most known for defrauding customers and money laundering with a Russian mafia-deluged violent felon, to his hit show The Apprentice (one can just imagine NBC saying “You’re fired!” to Trump), and to his political aspirations? 

In a much less chaotic, less exciting world than the insanity that confronts us today, one can be sure such a salacious story involving a playboy New York tycoon would have been front, center, and dominant in national and international media coverage; lawsuits, trials, and investments may also have gone differently for Trump if such information was common knowledge, too; he may have just faded away in disgrace, or least into a sideshow, if not landing in jail.

Yes, if not for the favors the U.S. government did in protecting and, thus, abetting, Sater, it is far more likely that Trump would have collapsed in scandal than risen to be our current president. This abetting may very well be unwitting, but the two aforementioned lawyers—Lerner and Oberlander—believe differently, that the government cooperation with Sater yielded disappointing results, that Sater fooled and tricked the government into helping him in exchange for dubious assistance of questionable value and that this arrangement may have been such an embarrassment for the government that they covered up this and his past to save face and protect the careers of those involved. No court rulings have affirmed these assertions, yet it is notable that in the U.S. Supreme Court proceedings involved in arguing over Sater’s information being withheld from the public, the Court tacitly admitted that at least some of the points made by Lerner and Oberlander were valid when they ordered many of the documents surrounding Sater be made public, the only reason that much of information about him is now publicly available.

Epilogue of Intrigue

As for Arif and Mashkevich, two other major players in the whole Trump/Bayrock/FL Group saga, Arif was arrested in Turkey in September 2010 when he was at a sex party with apparently underage girls on board a Yacht (which had been once belonged to none other than Atatürk) under suspicion of running a complex prostitution and human trafficking ring in a scheme of which it seems Mashkevich was also a part, though Arif was later acquitted under mysterious circumstances and Mashkevich was not charged.

Going back to Trump’s sole major Wall Street lender, Deutsche Bank, since 2012, it has loaned trump over $300 million, a sum that is still owed. This amount presented a major conflict of interest for the newly inaugurated President Trump in late January 2017, because Deutsche was under investigation by the U.S. Department of Justice (DoJ) for orchestrating $10 billion in illegal fake trades from 2011-2015 that might have been part of a massive Russian money laundering scheme; U.S. and UK officials levied $630 million in massive fines against Deutsche at the end of January 2017, but DoJ was not part of this and is still investigating, raising the question of the independence and impartiality of Trump’s own new Attorney General, Jeff Sessions, himself under fire for possible improper interactions with Russian officials and forced to pledge to recuse himself from any investigations of into the 2016 election and Russian interference in it. Deutsche itself is under pressure to allow an independent investigation into Trump’s accounts with the Bank (his family also has accounts with Deutsche), even after its own investigation apparently found no link to Trump’s accounts and Russia. 

It was just revealed that Deutsche was also involved in another major laundering scam of Russian money to the tune of $24 million, including the specific division that Trump owes $300 million, with the overall laundering scheme—known as the Global/(Great) Russian Laundromat—involving dozens of Western banks and a sum ranging from $20-$80 billion through the years 2010-2014; the hundreds involved in the scheme include Russia’s notorious oligarchs and Russia’s F.S.B., the main successor to the famed Soviet K.G.B. intelligence agency, with Putin having longstanding intimate ties to both and with some of the money in the scheme apparently being used to further Putin’s and Russia’s interests.

As if there weren’t enough bad connections to Trump Tower, Mogilevich-associated Russian mafia boss and apparent all-around celebrity Alimzhan Tokhtakhounov was overseeing an illegal high-stakes international gambling ring for wealthy clientele that in part operated out of Trump Tower in New York. Among other prolific activities, Tokhtakhounov had gained notoriety for apparently fixing 2002 Olympic ice skating matches to help get a gold medal for a fellow Russian, as well as one for a pair of French skaters in exchange for a French visa, but was soon after in Russia and safe from prosecution. The gambling ring connected to Trump Tower, run by two of his capos, Vadim Trincher and Anatoly Golubchik, was popular with Russian and Ukrainian oligarchs in both Russia and Ukraine, and besides the gambling ring, they also engaged in some $100 million in money laundering. Trincher himself in 2009 bought an apartment in Trump Tower just below an apartment owned by Trump himself, in which he nearly held a fundraiser for Newt Gingrich two years later, but had to cancel because of a mold problem and a water leak; it was from this apartment that Trincher ran a branch of said gambling ring. Another linked gambling/laundering ring was run by one of Trincher’s sons, who owned an entire floor in Trump tower, and another son of Trincher’s ran multiple illegal poker rooms throughout New York City. 

An indictment naming Tokhtakhounov and his people was filed by U.S. Attorney Preet Bharara, mentioned earlier, and the same Preet Bharara fired controversially by Trump just last month after Trump had promised Bharara he would not fire him, and it should be noted that several of the past and ongoing cases involving Trump and/or his associates occurred in the jurisdiction of SDNY and that a number of potential future cases would also occur there if they moved forward and would have been handled by Bharara if he had not been fired. It was Bharara’s indictment that led to a 2013 raid on Vadim Trincher’s Trump Tower apartment, and arrests made there and elsewhere nabbed 29 suspects. A mere seven months after he was indicted, a nonchalant Tokhtakhounov was a red-carpet VIP guest at Trump’s 2013 Miss Universe Pageant in Moscow, a city where, to this day, he is regularly seen at trendy public places.

We also have the curious case of the Trump’s fabulously ostentatious mansion—the “Maison de l’Amitie”—in Palm Beach, Florida, that he bought back in 2004 for $41 million. A representative of Trump claimed Trump put $25 million of his own money into renovating the house, but this is doubtful; plans obtained who improvements were relatively minor, and, Typical of Trump, he seemed to be lying through his teeth: when taking a local reporter on a tour, he claimed he installed gold fixtures in bathroom, but when the report scratched a faucet, gold paint came off to reveal not-gold underneath. Trump set his asking price at $125 million when he listed early in 2006, but had trouble finding a buyer; then, in March 2008, he brought his price down to $100 million, but it still wasn’t until that July that he got Russian oligarch billionaire Dmitry Rybolovlev to buy the mansion for $95 million after some haggling in a deal said to be the largest U.S. residential real estate deal ever. If you’re thinking that Trump might have swindled Rybolovlev, that’s very possible: he has a habit of falling for tricksters, especially when it comes to art deals; the house was appraised at less than only $59.8 million in 2013, and though it rose to $81.8 million in the summer of 2016, that was still about 15% less than what he had paid. Just months after he bought the house, he ended up in a messy divorce drama with his wife, who was after the house; there are plans to demolish the house, and Rybolovlev has not even physically entered the house, which may be demolished.

But unlike other major Russian oligarchs doing business with Trump or his allies, either directly or indirectly, Rybolovlev is no apparent friend or ally of Putin or the Russian mafia, which seems to put this story in the category of mere trivial.

But then, multiple reports that Rybolovlev’s private jet had repeatedly been tracked to cities where and when candidate and later president Trump was: Las Vegas in October, just five days before Election Day in North Carolina, and in Miami in February, creating a sense of intrigue. One might be tempted to say this is meaningless, yet on top of this, his accounts of the mansion deal have changed, making people wonder if he has something to hide.

At the very least, this Palm Beach mansion saga is a good reminder that Trump is a swindler and a liar, and if you’re still not convinced, google Trump University, Trump Steaks…

And oh, we just found out that during the campaign, Republicans paid a private intelligence firm that works closely with an ex-K.G.B. officer to dig up dirt in Clinton.

Putting the Pieces Together: Not a Pretty Picture

Sorry, Trump fans, but it’s time a reality check: it’s more likely that you will soon be struck by lighting than that all of these threads together and tied together by a Russian mafia godfather end up as innocent, harmless coincidences when it comes possible connections between Team Trump and Team Putin.

It is also crucial to note that the whole Russian operation in Ukraine—using Russia’s natural resources, deals related to them, and the profits from selling them to dominate and corrupt political elites of neighboring and other countries along with hacking and (mis/dis)information operations—is hardly unique to Ukraine; Putin is trying to do much the same thing throughout Europe, and it was clear he successfully threw his weight around last year during our election to help Trump win in what I called the (First) Russo-American Cyberwar, part of his overall war on Western Democracy and promotion of what I call democratic fascism.

The question is now about whether or not there was treason going on during that (First) Russo-American Cyberwar. If (and we don’t know yet) Putin was able co-opt agents people Manafort, Gates, Page, and/or others, this would simply be current Russian standard operating procedure for how it spreads its power throughout the world in the era of Putin; such hybrid warfare and “Cold War”-type or non-hot warfare being directed at America should not only not surprise Americans, it should be expected. And it seems that, along with Manafort and Page, the record-fast-recently-resigned-due-to-Russian-related-stuff Trump National Security Advisor Gen. Michael Flynn and longtime Manafort and Trump confidante Roger Stone are all under an official FBI “counterintelligence”—to use FBI Director James Comey’s exact word—investigation, and Manafort, Page, and Stone all just volunteered to testify before Congress.

Should those hearings be public, that would be epic.

Conclusion originally a Part II published here

Donald Trump, Paul Manafort, and Ivanka Trump on stage for a rehearsal at the Republican National Convention- NBC

Conclusion: Trump Has Terrible Judgment or Is a (Treasonous) Criminal or Both

I will never forgive the news media or the American people for not caring enough about the aforementioned information when it mattered most and had the chance to change the outcome of this election, since any one of these main three threads alone carried more weight than Clinton’s and yet got only a fraction of the coverage that red-herring of a “scandal” got. Nor will I forgive Comey for his political tone-deafness, the politically-suicidal liberals who empowered Trump by myopically and narcissistically not voting for Clinton, or the Republican Party for so willingly spreading its buttocks for Putin; anyone who doubts me on that last point can watch the disgraceful behavior of Republicans on the supposedly relatively non-partisan House Intelligence Committee, especially its Chairman Devin Nunes and shallow grandstander Trey Gowdy, the latter of whom led the partisan witch-hunt that was the last “Benghazi”—really Clinton e-mail—investigation. Yes, I have no faith in Trump—Team Trump has lied at least 20 times about its ties to Russia as of early March and only continues to do so in the most outlandish and unprecedented and Orwellian of ways, making the possible reality of a serious cover-up more and more likely—but seeing Nunes as the Intelligence Committee Chairman act in such an unprecedented way—blatantly covering for the president—made me tear up and almost cry because his behavior is such a dramatic sign of how our government is failing us and how the last bastion protecting this country from what I call democratic fascism—that bastion now being that the party in power won’t twist every organ of government it can to benefit itself politically no matter the cost—may be crumbling. As historian Douglas Brinkley (who implored the public after Trump won to “give…[Trump]…a chance”) said of all of this: “There’s a smell of treason in the air.”

Trump repeatedly claimed during his campaign he would surround himself with “the best people;” I’m sure he believed himself, and that is the problem. What has been outlined here is probably one of the strongest cases (if not the strongest) against Trump’s judgment as leader, whether in business or in politics; if you surround yourself on a regular basis with mobsters and criminals and those who favor the worldview (or purse) of America’s greatest enemy over America itself, there is no more discussion to be had: Donald Trump is too stupid and too incompetent a leader to be president as he simply cannot be trusted to make decisions about whom to give power to (for every supposed hit there are far more misses and we can’t delegate the fate of our nation a game of chance; sorry, but I’m nearly convinced that Trump picked Gen. Mattis to run the Pentagon simply because he like Mattis’ nickname of “Mad Dog”); Trump’s selection of Paul Manafort alone would be disqualifying enough, and that’s just the beginning.

And that is the best case scenario that he was too stupid to see that his people were playing him for a fool or were abusing their power in a way that could destroy his potential presidency and do the nation irreparable harm. But if Trump himself in any way knew about any possible collusion with Russia, that takes us from disqualifying incompetence into the realm of treason. Even if that is not the case, the newest revelations are making it more and more likely that some sort of treason from within his camp will be uncovered—Comey recently noted that this counterintelligence investigation began in July, some ten months ago, and if it was clear there was no collusion it would probably have ended long ago—and it is increasingly likely that this issue will cripple Trump’s presidency in ways not seen since the later nineteenth-century, when Reconstruction’s war between President Andrew Johnson and Congressional Republicans, as well as the scandals of the Gilded Age, dramatically weakened the presidency.

Russia is as defiant as ever, just in recent months and weeks assassinating—or trying to assassinate-—opponents, arresting hundreds of peaceful protesters and Russian’s main opposition leader (Alexey Navalny, again) during Russia’s largest protests in five years, trying to overthrow democratically elected foreign governments (Montenegro), hacking foreign politicians in ways designed to sway elections (from Hillary Clinton to France’s Emmanuel Macron and beyond), fanning the flames of war in Ukraine, slaughtering civilians in Aleppo, and assaulting the world of norms the West has known since the end of WWII.

And Donald Trump is in the White House and wants to be Putin’s friend.

*****

Sometimes, if there’s enough smoke, it’s undeniable that there is a fire even if the flames are obscured or not visible from afar. Back in July, when I began my in-depth exploration around the same time the FBI did, I wrote that

… it’s possible there is  some sort of coordinated effort going on between Trump or people in his campaign and Putin or people associated with him. But I wouldn’t be terribly surprised if we also have two groups of actors here  acting mostly independently yet with common purpose. I also wouldn’t be surprised if some of Trump’s associates, especially Manafort, are part of some sort of deal (tacit or otherwise) to promote Putin’s agenda within Trump’s campaign between several staffers or just himself on one side and Putin’s agents on the other, given Manafort’s and several staffers’ histories. And it’s certainly believable—in fact,  almost certain—that Putin would like to see Clinton defeated and Trump in the White House, since it would be  hard to envision a leader that would or could play more into Putin’s hands than Trump. 

This may yet backfire on and Trump and Putin, since the  Russian interference is so obvious…

Sometimes I hate being right.

© 2017 Brian E. Frydenborg all rights reserved, no republication without permission, attributed quotations welcome

See related articles:

The (First) Russo-American Cyberwar: How Obama Lost & Putin Won, Ensuring a Trump Victory

Trump, Putin, Russia, DNC/Clinton Hack, & WikiLeaks: “There’s Something Going on” with Election 2016 & It’s Cyberwarfare & Maybe Worse

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981). If you think your site or another would be a good place for this or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!

*****

The story of how Russia won the (First) Russo-American Cyberwar because American President Barack Obama did not fight back and failed to protect America’s democracy from Russian President Vladimir Putin’s well-orchestrated, wide-ranging cyberassault, part of Russia’s wider war on Western democracy

 January 21st, 2019. Originally published on LinkedIn Pulse December 7, 2016  

By Brian E. Frydenborg (LinkedIn, Twitter @bfry1981, YouTube, Facebook) December 7th, 2016 (a condensed, edited version of this article is featured on War Is Boring, and that version was quoted in another article by Radio Free Europe/Radio Liberty [RFE/RL] here and was also mentioned in a morning briefing here by that article’s author; here are the Amazon Kindle, Barnes & Noble Nook, and ePub eBook versions)

Support Brian and his work by donating here.

Reuters

AMMAN — It is fitting that, on the anniversary of Japan’s Pearl Harbor attack, I am publishing an article discussing an attack far worse in its overall effects on America than Pearl Harbor: if December 7th, 1941, is “a date which will live in infamy,” 2016 is a year which will live in infamy.

All things being equal in an election that was decided by, at current count, less than 38,600 votes spread across three states (a few over 22,150 in Pennsylvania, slightly more than 5,350 in Michigan, a few under 11,100 in Wisconsin) out of over 136 million votes cast (under 0.0284% of all votes cast), it is certain that without Russia’s political cyberwarfare offensive in the (First) Russo-American Cyberwar—and Obama’s stunning lack of response to it—Hillary Clinton would now be President-elect.

Full disclosure: I am a liberal Democrat who proudly voted twice for Obama, but I will make clear what no one seems to want to, though it pains me: I tried making excuses before and after the campaign—he thought she would win anyway, he wanted to play it safe, maybe he has something secret in store, etc.—but as the days turned to weeks after the election and I spent more and more mental energy thinking it through, the stubborn truth reared its ugly head: Obama failed miserably in his role as Commander in Chief, protector, and defender of the United States of America in the final months of his eight-year presidency. In doing so, he ensured his own legacy would be destroyed, likely along with the American political system as we know it and possibly (likely?) the U.S.-led international system that has been a bulwark of great-power peace since WWII.

Here is the story of how Obama lost the war.

*****

First Strikes

In June of 2015, a unit of elite Russian hackers known as Cozy Bear, or APT 29, working at the behest of the main security service of the Russian government—the F.S.B., main successor to the famed Soviet-era K.G.B., where Vladimir Putin had served for over 15 years—successfully hacked into the systems of the Democratic National Committee (DNC), the national governing body of the Democratic Party, completely unbeknownst to DNC staff.

The FBI contacted the DNC in the fall of 2015, warning it of possible hacking and asking its people to look for suspicious activity, but not providing any specifics; when DNC staffers responded with a sweep and found nothing, they asked the FBI to provide specifics, but it declined, keeping from them then and in future meetings the fact that U.S. officials suspected the Russian government; if the DNC had known this, it would have taken additional steps that could have limited the damage that came later. Only late in March 2016, did the DNC realize its systems were compromised and later bring in private cybersecurity firm CrowdStrike in April for help.

Also that March, another group of elite Russian hackers known as Fancy Bear, or APT 28—working at the behest of the G.R.U, Russia’s military intelligence service—targeted the DNC as well, in addition to targeting Hillary Clinton’s presidential campaign, namely the e-mail accounts of senior campaign officials, including Chairman John Podesta. The FBI warned the campaign in March about possible hacking, but, again, did not mention anything specific about the hackers; only in April did the campaign realize its systems had been penetrated, something U.S. intelligence chief James Clapper publicly hinted at vaguely in May.

It took until June for the DNC to expel the Russians, and on June 14th, DNC officials and CrowdStrike experts informed the Washington Post of the successful hackings. The next day, CrowdStrike released an analysis that detailed ample evidence of Fancy/Cozy Bear’s involvement. The following day, the Clinton campaign hacks were first reported.

Only days after this, a hacker/hackers going by the moniker Guccifer 2.0—an homage to the Romanian hacker made famous by publicly outing Clinton’s private e-mail server—began publicly posting DNC documents, but it was quickly clear from a consensus of experts citing overwhelming evidence that Guccifer 2.0 was actually a front for Russia’s Fancy Bear.

Soon after, it was also reported that government officials realized in June that the Clinton Foundation was also the target of attempted Russian hacks. The same month, the Russians tried to breach voter databases in Arizona but apparently failed; in July, the Russians succeeded in hacking into Illinois voter databases, stealing information on some 200,000 voters; experts suggested it was likely other states’ voter databases had been hacked undetected.

*****

Information Bomb

The hacking stories largely receded until the evening of Friday, July 22nd, just after Donald Trump’s official nomination and days before Clinton’s Democratic National Convention, when WikiLeaks posted close to 20,000 e-mails from the DNC that had been hacked by Russia. The grossly overblown fallout from that release has been well-documented.

The leaks could not have come at a worse time for Clinton, who was desperate to rally liberals (particularly the conspiratorially-minded among hardcore Millennial Bernie Sanders supporters, whose emotional state demanded an alternate reality where the only possible explanation for their savior’s loss was that Clinton “cheated”) wary of her to her banner for the coming fight with Trump and to display Democratic Party unity at her convention; the leaks slowed and partly prevented this process, creating remarkable public displays of disunity at the Convention and in the streets outside of it and reopening wounds that had only just begun to heal. By the time a later round of leaks came, the ability of Clinton to have built up enough goodwill among many of these people to stay with her in the face of such new leaks playing into their negative stereotypes of her was greatly diminished by this first round of DNC-related leaks.

This was not a coincidence, and it was clear from the beginning that WikiLeaks and the Russians who gave WikiLeaks the hacked information (either directly or indirectly) had designed the release to have a maximum negative impact on Clinton. Julian Assange, WikiLeaks’ extremely anti-American founder and leader, made no secret of his intent to harm Clinton’s campaign and his visceral dislike of her, even while refraining from criticizing Trump, Republicans, and Russia, as he and his organization have a complicated but largely beneficial relationship with Russia.

Putin had far more reason to fear a Clinton presidency than one led by Trump, who has spent many years courting Russian favor, whose positions were the most pro-Russian for a major party candidate in American presidential campaign history, and whose campaign manager at this time, Paul Manafort, was notoriously known to have for years been on Putin’s payroll, even if indirectly.

During the week of the Democratic National Convention, it became even more obvious how intent the Russians were on damaging Clinton and the Democratic Party, and Trump even publicly called on Russia to hack Clinton. That week, it was reported that the Democratic Congressional Campaign Committee and a voter database used by the Clinton campaign and other Democrats were also targeted by Fancy Bear. It was also reported during the same period that both cybersecurity experts and U.S. government officials had determined that that the Russian government was behind the hacking of the DNC (including a consensus of FBI officials), that officials saw this as a full-blown national security issue, and that U.S. government officials had shared this conclusion—and evidence that Russia was responsible—with the White House, which had discussed the hacks prior to the WikiLeaks DNC release; some officials had also concluded that the DNC e-mails’ release was part of a Russian attempt to hurt Clinton’s chances and help make Trump president. 

Numerous Obama Administration officials were concerned enough with the lack of response that they anonymously shared their frustrations with the media. Apart from serious internal pressure on Obama from some of his advisors, the day Clinton accepted the Democratic nomination a bipartisan group of dozens of prominent former military, intelligence, and diplomatic officials and experts called on Obama to act swiftly and forcefully to counter, deter, and punish those responsible for the hacking, describing the attempt to hack and influence the American electoral process in the gravest, starkest of terms. In addition, senior Democrats on congressional intelligence committees called on Obama to publicly name the attackers. 

Later it was discovered that the hacking efforts were on a wider scale than initially thought, including the Democratic Governor’s Association, left-leaning think tanks tied to the Party, and other Democratic insiders and organizations.

Presidential Pensiveness and Paralysis

Despite all of this, Obama was steadfastly refusing to publicly name Russia as the culprit, in part because of fears of igniting a conflict and uncertainty as to how to respond to such attacks. 

The most absurd part of his rationale was that he was worried naming the Russians and taking a strong stance against them would harm John Kerry’s then-ongoing diplomatic efforts to win cooperation with the Russians on Syria, as all recent diplomatic talks with them on Syria had been a farce. The same officials noted that Obama “fear[ed]” additional cyberattacks by Putin, additional military harassment in the Black and Baltic seas, and further aggression in Eastern Europe. 

Yes, incredulously, Obama imagined that turning a blind eye to Russian interference in domestic American elections would somehow invite Russian compromise on other fronts, frustrating some on his team.  I am reminded of the scene in The Lord of the Rings: The Two Towers, when the heroes are trying to convince Théoden, King of Rohan, to stand up for his people against the disinformation and aggression of Saruman; Théoden responds by saying “I will not risk open war,” to which Aragorn retorts “Open war is upon you, whether you would risk it or not;” in the real world, we had Obama playing the role of a Théoden in denial.

His maddening naiveté manifesting hardly for the first time during his presidency, Obama, demonstrated how poorly he understood his adversary, and unsurprisingly, Putin was emboldened on all these fronts.

Even during Kerry’s fastidious diplomacy, on September 19th Russia deliberately bombed a well-known UN aid convoy heading for an Aleppo, Syria, civilian population that was under siege and desperate for supplies; a few days after, Russia and Syria launched a “ferocious” indiscriminate air offensive against Aleppo, an “unrelenting assault” that quickly became the most intense campaign to date in the war and involved systematic targeting of hospitals (today, Russia and Assad are, with impunity, threatening whole parts of Aleppo with mass slaughter); Ukraine also saw Russian escalation.

Kerry’s talks failed because the Russians were never serious about them, much like previous negotiations on both Syria and Ukraine had repeatedly failed. After some two weeks of these Russian war crimes, the U.S. formally broke off negotiations on October 3rd; the day after, the Guccifer 2.0 APT 28 front released fake documents it claimed proved corruption at the Clinton Foundation.

In the face of Russian mockery of Obama’s diplomatic efforts and his continued non-response to Russia’s cyberwarfare, some of Obama’s “top national security officials” grew furious with him and felt U.S. credibility was being severely damaged, especially in the intelligence community and State Department, while even top Democrats in the House and Senate intelligence committees were either criticizing Obama’s caution (Rep. Adam Schiff) or publicly stating that Russia’s goal could be to harm Clinton’s candidacy and empower Trump’s (Schiff and Sen. Diane Feinstein). Calling on Obama to do more, they issued a joint statement on September 22nd publicly blaming Russia and stating its intent was to influence the election; incredibly, the White House had repeatedly urged them to delay the statement.

In fact, for all of 2016, Russia’s own media was decidedly pro-Trump and anti-Clinton. Additionally, all throughout the campaign, up to and through Election Day, it is now quite clear that Russia’s propaganda machine of hundreds of websites and many thousands of social media accounts—some unwittingly duped, others complicit or even an army of paid agents—posted many thousands of anti-Clinton, pro-Trump, pro-Russian, and anti-American comments, posts, and stories. Sometimes they amplified true stories like the DNC hacks, often they promoted only partly true or even totally false stories that were seen hundreds of millions of times by American voters, with a core of some 15 million Americans regularly consuming the propaganda and sharing it with much larger audiences on Facebook and Twitter, to the extent that in the final months of the election, fake U.S. election news produced greater engagement and shares than real U.S. election news, a period for which Trump had just placed the despicable Steve Bannon—a major American master of creating and promoting fake news—in charge of running his campaign. I can personally tell you from my own experience that Russian trolls even have ample time left over to direct their blatant propaganda at someone of my own lowly status often, repeatedly, and energetically.

*****

Bloodless Victory Against a Passive Opponent

Even considering all this, Obama waited the better part of a week after the Syria talks formally ended, and some two-and-a-half months after his administration had reached a consensus that Russia was behind the hackings and at least involved in the passing of the information to WikiLeaks, to finally formally accuse Russia on October 7th, explicitly asserting that the aim of its operations was to “interfere” with our presidential election, the conclusion of 17 American governmental intelligence agencies. 

Later the same day, a recording from 2005 of Donald Trump vulgarly bragging about committing serial unwanted sexual advances appeared; “almost immediately after” it surfaced, Russia and WikiLeaks came to play defense for Trump and offense against Clinton, with WikiLeaks beginning a series of releases of many thousands of Clinton campaign Chairman Podesta’s e-mails, obtained earlier by Russia; they highlighted campaign infighting, transcripts of Clinton’s paid-by-Wall Street-banks speeches, and Clinton’s ties to political and financial elites, all of which generated negative publicity for Clinton. The batches were released almost every day from October 7th through Election Day on November 8th, ensuring they would constantly be in the headlines in the closing month of the election, even as U.S. officials were coming across even further evidence that Russia was feeding them directly to WikiLeaks. Exit polls—especially in the key swing states of Pennsylvania, Michigan, Wisconsin, and others—showed that voters who made their time up during this period broke overwhelmingly for Trump; additionally, they showed that far more voters broke for third-party candidates in Pennsylvania, Michigan, and Wisconsin—as well as every swing state that Trump won—in the final weeks and month than before. For those who had been deeply angered by the DNC leak but were trying to give Clinton a chance, these new Podesta leaks were a reminder of the previous controversy and played into many of the same negative emotions and perceptions these people had harbored about Clinton.

At this point, Obama was considering a “proportional” response to Russia, but such a response still has not materialized, as any appropriate response of any proportion would have sent a public message that the world would unmistakably have heard, being that this Russo-American conflict is playing out very markedly on the global public stage; what has materialized instead is a deafening silence of action from Obama, causing Western democracies to despair. To add insult to injury, weeks before the election Trump claimed America “had no idea” if Russia was behind the hacks at the final presidential debate and Russia even requested it be allowed to send election observers to several U.S. states, which rejected the requests.

Pathetically, Obama warned Putin directly on October 31st on a sensitive nuclear-related hotline not to hack the electoral process (but making no mention of the WikiLeaks DNC and Podesta leaks), only eight days before the election and long after so much damage had already been done, clearly enough to shape public opinion and achieve Putin’s aims without direct election hacks, and the WikiLeaks leaks still continued after this message was delivered. 

Obama laughably claimed the warning amounted to successful deterrence, yet even if Clinton had won, the U.S. was possibly facing massive unrest and a Congress intent on impeaching Clinton, its constituents incensed in part by Russian propaganda. 

In charge of a relatively weaker Russia taking on the most powerful nation in the world and regardless of the election’s outcome, Putin had already won: he took to heart von Clausewitz’s maxim that “War is the continuation of policy [or politics] by other means,” something that Obama seems to have missed. Putin had essentially “weaponized” WikiLeaks (and, in the process, the unwitting U.S. news media) against Clinton, the Democratic Party, the U.S. electoral process, and American democracy itself. And almost overnight, he has largely silenced the Republican Party’s hostility to him and his regime: most Republicans seem to prefer not to attack their new benefactor, while the most vocal GOP critics of Putin are mostly a fading old guard (as a case in point, just a few days ago, all Democratic members of the Senate Select Committee on Intelligence called for the Obama Administration to declassify information on Russia’s interference in the U.S. election; not one single Republican on the Committee joined the call). 

Russia’s hacking and disinformation campaigns coupled with Obama’s dismal failure to respond appropriately to them were themselves certainly more than enough to explain Clinton’s razor thin loss, even as other factors—Clinton’s e-mail server scandal, the way FBI Director James Comey engaged with the public (or did not) during the FBI’s multiple investigations, the Bernie Sanders phenomenon and the behavior of Bernie Sanders, polling errors, the style and focus of media coverage, and, of course, many Americans’ irrational, visceral hatred of Clinton born largely out of still-pervasive sexism and misogyny—undeniably also played a role. Any one of those alone not becoming a factor could have swung the election to Clinton, but they were largely out of the hands of the Clinton campaign. President Obama could have declassified most or all of Hillary’s e-mails and shown the public how innocuous they actually were; he could have reigned in Comey and the rogue actors within the FBI, as they were part of the Executive Branch, though this would have carried considerable political risk and could have at least created the appearance of a president interfering in an official investigation for political reasons; but the single area where the president could have had the most impact and been able to act in a way least tainted by questions of propriety was concerning all things related to Russia.

*****

The Worst Defeat in American History and a Serious Blow to Western Democracy

Russia had simply waltzed into America’s national election, President Obama’s political party, and the campaign of President Obama’s chosen successor Hillary Clinton, did what it pleased for all the world to see, stared us down at our own gala, grabbed the microphone, repeatedly endorsed the savage critic of Obama and rival of Clinton Donald Trump, repeatedly badmouthed both Obama and Clinton, took a crap on the dance floor, the dropped the mic and laughed hysterically while doing a slow waltz out the door.

Wars have been fought for far less, and yet Obama’s response was to avoid confrontation with his legacy and the future of the nation, even the future of Western democracy, very much at stake.

In a follow-up piece, I shall deal with the many options Obama had as Commander in Chief besides doing virtually nothing. But for now, perspective:

The most successful cyberattack in world history also involved the weakest response by any American president ever to foreign aggression. It was also the worst foreign attack on American soil since the War of 1812: neither Pearl Harbor nor 9/11 resulted in a regime change that put in place a President of the United States who is so unwitting a mole for Russia, grossly unfit for high office, and oblivious to how much he will undermine critical institutions and values as Trump. It is the first time a party in power in America was toppled by foreign interference and the first time a foreign power toppled the political leadership of a long-reigning first-tier power since arguably Alexander the Great took over Persia. 

Additionally, Russia’s activities have greatly helped to diminish confidence in the American system, further fan the flames of cynicism, and normalize fake news, making America overall more divided, less governable, and more confused than at any time since the Civil War/Reconstruction period; these acts have also damaged the U.S.-led international system that has been in place since WWII.

It can only said of Putin’s resoundingly successful cyberwar that he played so many segments of American society to his ends without their knowledge that it was a masterful orchestral performance and that Putin was a legendary conductor. This (First) Russo-American Cyberwar will be studied for generations, for centuries, as a brilliant way for a state to take down a democratic nation, no matter how powerful, if its people are divided, and to do so without actually firing a single shot but by turning that nation’s strengths against itself. 

This is part of a larger Russian war against the West that is becoming increasingly brazen: until this year, Syria and Ukraine were the most glaring centerpieces in Russia’s disinformation campaigns; then, Russian disinformation caused a faux scandal early this year in Germany that weakened Merkel and her party ahead of key regional votes; Russia’s propaganda machine went intensely against Remain and for Brexit in the UK’s big vote this year and its efforts were clearly crucial in swaying votes in what was an intensely close decision; Russia has also been active in non-NATO Sweden this year, particularly when it was voting on closer ties with NATO; Finland, which shares a huge border with Russia, has also seen a surge in Russian disinformation; early in November, it even became apparent that Russia may have even been involved in an attempted coup in Montenegro, which is on the verge of ascending to membership in NATO.

Since Trump’s election and just this week, Russia’s tool WikiLeaks is already unleashing its might against Angela Merkel and her party in Germany, which fears far more interference in its 2017 national elections, and Russian propaganda was active in supporting the right-wing parties in Italy’s big vote that was a stinging defeat for it centrist pro-EU leader and his party (he will now soon resign), though efforts were less successful in Austria, where the pro-Russian far-right candidate failed by only a modestly large margin in an election that still signaled a significant weakening of Austria’s political center and in which fake news (not yet directly linked to Russia) played a major role during the campaign. In Russia, lawmakers cheered the developments in both Italy and Austria, seeing them as further signs of the demise of the current European system. Also since Trump’s victory, pro-Russian presidential candidates won in Moldova and Bulgaria, where Russian political meddling has been a significant force in shaping the political climate in the years preceding the recent votes. Additionally, Russia’s neighboring three Baltic states of Estonia, Latvia, and Lithuania—already subject to heavy Russian disinformation operations—have seen a significant increase in Russian disinformation since the U.S. election and many there fear what is to come next. And if that wasn’t bad enough, the leader of close U.S. ally South Korea is now facing impeachment during a period of massive unrest in part provoked by Trump, even as a politician known as “Korea’s Trump” is rising in the polls.

Today, right-wing extremists—now that the Soviet Union is gone and Russia is not a champion of communism and the international left—admire Putin’s authoritarianism and see him as a defender of the West, a newly increasingly illiberal, rather than liberal, West, and Russian support for right-wing pro-Russian parties in Europe is hardly limited to propaganda and disinformation: Russia has been orchestrating loans to right-wing parties all over Europe, including (but hardly limited) to France. And Trump and his advisor Bannon have made no secret that they want to ally with and support the same far-right, anti-NATO, pro-Russian parties in Europe that Putin wants to see succeed. Even in just four, let alone eight, years of a Trump presidency, the damage such a coordinated effort could do to the EU and NATO as institutions should not be underestimated, especially as Russia’s successful disinformation and propaganda operations increase Putin’s standing and support across Europe. 

Putin sits on Europe’s eastern border, part wolf, part vulture, both inflicting wounds and picking those wounds apart, weakening the body politic of the West. And by any standard, 2016 was a year of spectacular success, with Russia’s desired outcomes being achieved in the US, the UK, Italy, Bulgaria, and Moldova, while seeing trends favorable to its interests significantly increased in places like Germany and Austria. Furthermore, U.S. and NATO “ally” Turkey has taken a decidedly sharp anti-democratic and anti-Western plunge and is clearly cozying up to Russia. 

2017 may be even better for the Kremlin, and even worse for what is still referred to as the West.

This is the new face of warfare, one in which the lines between politics and war are erased and in which Russia is dominant and ahead of everyone, and this should be terrifying all of us. I am not going to write that this is a fatal blow for the U.S. or the West, but it is a grievous one, and that it is one that the public and news media seem unable to discover or acknowledge, let alone comprehend or respond to appropriately, makes it all the more dangerous and all the more likely to happen again… and again.

AP

© 2016 Brian E. Frydenborg all rights reserved, no republication without permission, attributed quotations welcome

See related articles: EXCLUSIVE: Top Trump Aides’ Deeper & Linked Roles in Putin Agenda Revealed; Russian Mafia Nexus With Trump & Aides Goes Back Years

Trump, Putin, Russia, DNC/Clinton Hack, & WikiLeaks: “There’s Something Going on” with Election 2016 & It’s Cyberwarfare & Maybe Worse

If you appreciate Brian’s unique content, you can support him and his work by donating here. 

Feel free to share and repost this article on LinkedIn, Facebook, and Twitter (you can follow him there at @bfry1981). If you think your site or another would be a good place for this content, or would like to have Brian generate content for you, your site, or your organization, please do not hesitate to reach out to him!