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By Brian E. Frydenborg (Twitter @bfry1981, Threads @bfchugginalong, LinkedIn, Facebook, Substack with exclusive informal content) July 10, 2023; see related February 17, 2017 two-part article: Welcome to the Era of Rising Democratic Fascism Part I: Defining Democracy, Fascism, and Democratic Fascism Usefully, and Spin vs. Lies and Trump, the Global Democratic Fascist Movement, Putin’s War on the West, and a Choice for Liberals: Welcome to the Era of Rising Democratic Fascism Part II; because of YOU, Real Context News surpassed one million content views on January 1, 2023, but I still need your help, please keep sharing my work and consider also donating! Real Context News produces commissioned content for clients upon request at its discretion. Also, Brian is running for U.S. Senate for Maryland and you can learn about his campaign here.

SILVER SPRING—I am giving myself the privilege of reading Orwell in Spain, the Penguin Classics edition of Homage to Catalonia by Eric Blair of the immortal pseudonym George Orwell and one of the original antifascists, bookended by a number of relevant letters written by Orwell and those in his circles and with context from editor Peter Davison throughout.  The volume also includes occasional files from archives of the Soviets, who were targeting Orwell, his wife, and his other comrades for a future show-trial just as Orwell and his wife slipped out of Spain; some of his comrades were not so fortunate as he by far.

Orwell went to Spain in late 1936 in the spirit of pitching in for the fight against fascism in the Spanish Civil War (1936-1939) on behalf of the Spanish Republic, supported by numerous liberal and leftist volunteers from around the world and ostensibly supported by dictator Joseph Stalin’s Soviet Union against General Francisco Franco’s fascists, in turn supported by Hitler’s Nazi Germany.  For his efforts, Orwell took a bullet through the neck but survived that and many other hardships, acquitting himself well in having genuinely sacrificed for a cause worthy of such sacrifice, but one that was undermined in part by Spain’s supposed ally, the Soviet Union, whose agents in Spain often focused on settling scores within the international leftist/socialist/communist movement and who turned on many of their supposed allies to engage in purges and trials based on lies and gaslighting.  This would be a main reason that the Republic would fall completely to Franco’s fascist Nationalists in 1939, shortly before the beginning of World War II.

Hitchens on Orwell, Ringing with Urgent Relevance for the Present

As usual, the late legend and one of the few humans who could rightly be described to be at least a partial heir to Orwell, Christopher Hitchens, provides an introduction to Orwell in Spain that is as mind-blowing as it is well-written and pithy (the introduction was also published around the same time as Orwell in Spain as an essay in The Los Angeles Times).  Hitchens’ essay on his hero Orwell’s experiences in Spain includes some points that hit all too close to home in the here-and-now:

The history of the May events in Barcelona in 1937 was certainly buried for years under a slag heap of slander and falsification.  Orwell, indeed, derived his terrifying notion of the memory-hole and the rewritten past, in Nineteen Eighty-four, from exactly this single instance of the abolished memory.  ‘This kind of thing is frightening to me,’ he wrote about Catalonia, ‘because it often gives me the feeling that the very concept of objective truth is fading out of the world’:

But in our very immediate past, documents have surfaced to show that his vulgar, empirical, personal, commonsensical deposition was verifiable after all.  The recent opening of communist records in Moscow and of closely held Franco-era documentation in Madrid and Salamanca has provided a posthumous vindication.

The narrative core of Homage to Catalonia, it might be argued, is a series of events that occurred in and around the Barcelona telephone exchange in early May 1937.  Orwell was a witness to these events, by the relative accident of his having signed up with the militia of the anti-Stalinist POUM (Partido Obrero de Unificación Marxista) upon arriving in Spain.  Allowing as he did for the bias that this lent to his firsthand observations, he nonetheless became convinced that he had been the spectator of a full-blown Stalinist putsch, complete with rigged evidence, false allegations and an ulterior hand directed by Moscow.  The outright and evidently concerted fabrications that immediately followed in the press, which convinced or neutralized so many ‘progressive intellectuals,’ only persuaded him the more that he had watched a lie being gestated and then born.

Hitchens continues later in his introduction:

…‘History to the Defeated’ is the underlying subject and text of this collection of pages and fragments.  Like several others in the ‘midnight of the century,’ the glacial period that reached its nadir in the Hitler-Stalin Pact, Orwell wrote gloomily but defiantly for the bottom drawer.  He belongs in the lonely 1930s tradition of Victor Serge and Boris Souvarine and David Rousset — speaking truth to power but without a real audience or a living jury.  It is almost tragic that, picking through the rubble of that epoch, one cannot admire him and Auden simultaneously.  ‘All I have is a voice,’ wrote Auden in ‘September 1, 1939,’ ‘To undo the folded lie,/The romantic lie in the brain … And the lie of Authority.’  All Orwell had was a voice, and to him, too, the blatant lies of authority were one thing and the ‘folded’ lies that clever people tell themselves were another.  The tacit or overt collusion between the two was the ultimate foe.

Let’s let that sink in: it is not the generally bad-faith “blatant lies of authority” that is “the ultimate foe,” but the “tacit or overt collusion between” those “blatant lies of authority” and that authority on one side with the “’folded’ lies that clever people tell themselves” and those clever people on the other.  As a consistent antifascist, Hitchens himself often energetically dedicated himself to taking on such “clever people:” intellectuals and leaders who should know and act better but in their actions still give aid and comfort to the “blatant lies of authority,” often unintentionally making good faith yet terrible arguments as “useful idiots” (to borrow the phrase attributed to Lenin, perhaps falsely) but other times lying deliberately (hello Ted Cruz).  Thus, Hitchens happily took on fellow leftist intelligentsia members and activists like George Galloway, Julian Assange, and Noam Chomsky (almost?) as fiercely as he critiqued Saddam Hussein, Ayatollah Khomeini, and Kim Jong-il.

Fighting the Rewriting of History from 1937 to 2023

For the Stalinists and their apologists Orwell stood up against (and, indeed, for the fascists of that era as well), the fastidious, near-robotic repetition of baseless lies and disinformation over and over and over again served to give reality to such “alternative facts,” to borrow former Trumpist mouthpiece Kellyanne Conway’s Trumpian phrase.  And, of course, it is altogether fitting to quote that disgraced woman—her own daughter and now former husband even very publicly more honorably refused to support Trump’s lies and hers—because what is terrifying my soul even as I write part of this is that the Trumpist movement—now one of the two largest political factions in the United States of American in 2023—is very much successfully engaging in that tactic Orwell dedicated much of his writing to combatting, a tactic used by the people Orwell spent much of life fighting.

A stark example is the recent Ohio Republican Jim Jordan-led U.S. House Judiciary Committee’s hearing on the so-called “Durham Report”  and the related investigation of Trump’s Justice Department-appointed Special Counsel John Durham’s pathetic, embarrassing, and failed attempt to find proof that the U.S. government’s investigation into Trump’s Russia ties and 2016 election interference was a baseless, politically-motivated witch hunt; this in and of itself is gaslighting and “hypocrisy” in the extreme, as the opposite is true, a truth I spent years of research and writing on in detail.  Short of ending in appalling violence, is there anything more politically Stalinist than an investigation ordered in bad-faith and/or extreme delusion to smear and undermine a good-faith investigation into topics most deserving of investigation, that then twists the results of the failed counter investigation to continue to make claims wholly unsubstantiated by reality??  In this vein, Republicans even spitefully, shamelessly, and wholly inappropriately censured—censured!—Rep. Adam Schiff (D-CA) the same day as the Durham hearing for his work against Trump on impeachment and his efforts to get answers on Trump-Russia, a ridiculous act of distraction from their embarrassing failure of a Durham hearing and in spirit also a pure act of abusive political retaliation: only five members of the House were censured in all the twentieth century and Schiff is only the third member of the House of Representatives this century and only the twenty-fifth member of the House in all of U.S. history to be censured, an act that is for generally serious offenses, including violence or incitement to violence, sexual misconduct, financial misconduct, and—at the time of the Civil War (1861-1865)—supporting the rebel “Confederacy.”

To go back to Durham and his probe, former Special Counsel Durham seems to be at least a partly honorable fool.  On the one hand, Durham seems to incorrectly accept as articles of faith that the Crossfire Hurricane and the Mueller probes were baseless political hit jobs (the first in his deluded mind concocted by the Clintons) and that there is nothing to Trump-Russia to the degree that he is unaware of many of the facts and much of the evidence and context surrounding team Trump’s deeply troubling ties to Russia, his perspective warped enough to believe in the nonsense and/or gaslighting his higher-ups—including then Attorney General Bill Barr—and others fed him and that he fed himself: during the Judiciary Committee hearing, I heard him tell Rep. Madeleine Dean (D-PA) that he did not think Barr’s infamous memo had “blatantly mischaracterized” the Mueller report, which it clearly and obviously very much did, even according to Special Counsel Robert Mueller himself.  On the other hand, Durham more or less carried out an investigation that at least mostly adhered to rules and the law within the confines of his warped worldview even as that worldview was biased, selective, and inaccurate when it came to the issues between Trump and Russia, and that is why his results were so limited along with the reality that the evidence he sought didn’t exist because the investigation’s premises were false.

Both those who put Durham in place as Special Counsel and the rest of the Trump faithful were hoping as much as possible over the course of the four years of the Durham probe of to undermine investigations into Trump, playing politics with legitimate, serious investigations. Durham’s disappointing results—0 for 2 on prosecutions that went to trial, defeated twice by unanimous juries that returned “not guilty” verdicts and one plea deal with no trial for an FBI employee doctoring an e-mail who was determined by the presiding judge not to have acted with any political bias (confirming the previous findings of Inspector General Michael Horowitz’s far more credible report) and who only received a year of probation—speak volumes about Durham’s probe’s credibility despite the spin of his “report” and show just how baseless was his effort to show that the Biden Administration Department of Justice was weaponized as a tool of political persecution.  In the end, it was Durham’s and Barr’s own conduct that actually revealed it was the Trump Administration Department of Justice that fell into being weaponized, yet Jordan, Trump, and many other Republicans and “useful idiots” insist on persisting in gaslighting or making unsubstantiated arguments with their original unsubstantiated claims even after Durham’s probe failed to prove them (ironically, it seems the probe did find enough evidence of possible financial criminal wrongdoing involving Trump that the Durham probe was forced to launch a criminal investigation into that, which, unsurprisingly, we have heard very little about…).

And herein is one of the more horrific aspects of this Jordan’s show-hearing that should be giving us all trouble sleeping at night: some of the Republicans on Jordan’s committee, most notably the vile Rep. Matt Gaetz (R-FL), are furious at Durham not for the degree to which he was inaccurate, ignorant, or possibly dishonest but for the degree to which he did not go into full Stalinist show-trial mode because he did not run wild with lies and falsehoods but, rather, still operated within some level of orbit of reality.

To be clear, this hearing is not a Stalinist show-trial, and does not carry the consequences of them.  But they do share, on the part of today’s Republicans and their accomplices on one hand and the those of the Stalinists and their accomplices of yesteryear on the other, absolute contempt for truth and justice and an absolute commitment to pursuing the party line relentlessly.  And both Orwell’s and Hitchens’s words rang loudly in my mind throughout my viewing of the hearing as I digested it in terror, far more profoundly for having recently read certain pages of Orwell in Spain.

The gaslighting is also strong with the claim that Trump is being persecuted unfairly and Hunter Biden might get off with a “sweetheart deal” should a submitted plea deal between Hunter and the government be approved, which was reported the day before the Durham hearing and Schiff censure.  Again, the opposite is true: people in a position similar to Hunter Biden when it comes to gun possession while being an addict are rarely criminally charged or see jail time, as are first-time offenders in terms of the tax violations he had committed and has since paid off his debts in relation to, including back taxes and penalties.  If anything, his treatment has been harsher because he is Joe Biden’s son and the government is going out of its way to avoid any credible suggestion that the son of the sitting president is being treated lightly while the former president, Trump, is not; and, if anything, Trump has been treated with an extraordinarily light touch, given the nature and severity of his crimes and the more than two-years’ worth of blatant obstruction of justice committed by Trump to further his crimes.  The gaslighting only becomes even more ludicrous when Trump’s defenders claims there is a “two-tiered” system of justice, with the Trumps of the world being the victims, a deeply “insulting” claim coming from many white Republicans who have been loath to acknowledge the very real systemic racial disparities in the American criminal justice system—let alone do anything about them—but now whine for “justice” (i.e., impunity and immunity) for Trump.

The gaslighting is also front-and-center when Trump’s insanely ridiculous classified documents case for which he has been indicted by Special Counsel Jack Smith is claimed to be equivalent or close to the Biden classified documents case or Hillary Clinton’s (conspicuously omitting Pence’s case, which is pretty similar to Biden’s), all the other cases including Clinton’s case were dramatically different especially regarding intent and when the Biden/Pence examples only turned up a comparatively small number of documents which were promptly returned and both of them agreed rapidly to have their respective locations searched, bearing no resemblance to Trump’s obstructionist and gaslighting conduct and the severity of the material at issue.

And those are merely a few current examples…

Orwell and His “Power of Facing”: A Ghostbuster to the Gaslighting Ghosts of Nazism and Stalinism Rearing their Ghastly Heads Today

We fought a world war some eight decades ago against a totalitarian fascism that I have previously noted gaslit reality to the point of being at war with reality itself, and we triumphed some four-and-a-half decades later against a Soviet totalitarian communism that similarly gaslit reality and also, like the Nazis it defended its homeland against in the earlier world war, used disinformation as a preferred weapon of choice in its losing ideological struggle against the capitalist democratic West.

After the West’s victories in World War II and the Cold War, how depressing is it, then, that, in 2023 the West finds itself embroiled both internally and externally with major forces practicing and embodying much of the same spirit of the Soviet Union and Nazi Germany when it comes to waging new wars on reality, with its biggest centers of gravity in Putin’s fascist Russia—resurrecting the Soviet war on reality as the successor state to the Soviet Union—and in the Trumpist fascist movement and its media and political allies within the West (if you doubt the appropriateness of the label fascist for Trump or Putin, read my two-parter [part I and part II] and realize that was written well before the violence of January 6, 2021 or the massively increased levels of violence and war crimes Russia has been perpetrating in Ukraine since February 24, 2022).  While the Chinese Communist Party helms a Chinese state that is increasingly totalitarian under the leadership of Xi Jinping and also embraces a war on reality, it is not nearly as aggressive with this tactic on the international stage as Russia, thus, China’s current relative restraint means its threat to the West is, for now at least, far less potent than that of both Russia and Trump as it is Russia that routinely engages in electoral and political interference in the West and Trump’s brand of fascism and its like-minded allies are a clear and present danger within the U.S. and elsewhere in the West, with fascists having real chances of gaining political power—even the U.S. presidency once again, though I do not believe they will succeed in this coming American election in 2024.  Other countries, such as France and Italy, are far more vulnerable, and some, like Hungary, Poland, Turkey, and Israel, are veering hard in that direction.  Indeed, while I have been warning of this possibility since just after Trump’s inauguration in 2017 and even earlier in 2016, it brings little comfort to see the modern versions of fascism and their accompanying wars on reality staring us down directly in the face while also staring deeply into the past at horrors that we had vanquished twice in living memory, drawing power from their zombie-Frankenstein cousins from the Cold War and World War II.

Orwell would truly be rolling over in his grave were he aware of what was happening today, after so much blood and toil and sacrifice in the twentieth century to defeat fascist and communist regimes, to transcend their lies and assault against reality, and yet, he could take comfort in his words standing the test of time, not only validating his prescient view of past evils, but that his words could still be so useful and relevant today.  Yes, this is bittersweet, for we should have transcended those phantoms from past eras, but at least we have in Orwell the perfect guide to fighting these nefarious forces, that honesty, reality, truth, persistence, and simple eloquence can confront the enemy and defeat their lies, sometimes even without the forces of arms.  Orwell did risk life and limb (and was even shot) in Spain against Franco’s fascists (and Soviet agents), but it was in his writing that he made his largest contributions in the fight for freedom against fascism and communism.  Like Orwell and like his admirer and perhaps his heir Hitchens, we can and must be unflinching in the face of the gaslighting of Trump and Putin and their allies who constantly assert “that two and two are five” and that things that happened “never happened” (from the January 6 U.S. Capitol Insurrection—team Trump claiming “it was Antifa”—to the Russian military torturing and executing civilians in Ukraine—Putin saying, ludicrously, that: “The Russian army does not strike at civilian facilities. There is no need for that.”).  Though Orwell had “the feeling that the very concept of objective truth is fading out of the world,” he never gave up and never ceased articulating the truth through his brave and, it seems, timeless writing.

As Hitchens wrote in his magisterial and pithy Why Orwell Matters:

‘I knew,’ said Orwell in 1946 about his early youth, ‘that I had a facility with words and a power of facing unpleasant facts.’  Not the ability to face them, you notice, but ‘a power of facing’.  It’s oddly well put.  A commissar who realizes that his five-year plan is off-target and that the people detest him or laugh at him may be said, in a base manner, to be confronting an unpleasant fact.  So, for that matter, may a priest with ‘doubts’.  The reaction of such people to unpleasant facts is rarely self-critical; they do not have the ‘power of facing’.  Their confrontation with the fact takes the form of an evasion; the reaction to the unpleasant discovery is a redoubling of efforts to overcome the obvious.  The ‘unpleasant facts’ that Orwell faced were usually the ones that put his own position or preference to the test.

In the spirit of Orwell and (even if to a somewhat lesser degree) Hitchens, we must wield a similar “power of facing” in the face of the fascisms of Trump, Putin, and their lesser emulators.  In particular, the “clever people” and “progressive intellectuals” that Hitchens and Orwell single out who “tell themselves” Auden’s “’folded’ lies” that, when in “tacit or overt collusion” with “the blatant lies of authority,” become “the ultimate foe.”

Prominent “useful idiot” fools on such matters include Noam Chomsky, Elon Musk, Seymour Hersh, Glenn Greenwald, Matt Taibbi, Katrina vanden Heuvel, Briahna Joy Grey, Aaron Maté, Max Blumenthal, Michael Tracey, Caitlin Johnstone, Katie Halper, RFK Jr., Russell Brand, John Mearsheimer, Jeffrey Sachs, Joe Rogan, Sen. Rand Paul (R-KY), Jill Stein, Tulsi Gabbard, Cornell West, Jordan Peterson, George Galloway, Scott Ritter, even Peter Hitchens (Christopher’s own rather less impressive brother) and others who fancy themselves public figures displaying freethinking but who ultimately do little more on these matters than to give aid and comfort to fascism and even colonialism and imperialism in the name of supposed “pacificism” or “free speech.”  Those people and their ilk make their arguments in ways that usually show they have little understanding of peace or the U.S. Constitution.  In particular, they often keep parroting debunked Kremlin talking points about Western “escalation” and NATO expansion, which I have debunked myself repeatedly.  Or they will conflate moderation of disinformation on private platforms with unconstitutional “censorship.”  Orwell has the best of possible responses to the first group, the so-called “pacifists,” here in his perfect essay from 1942 “Pacifism and the War” in which he noted that “Pacifism is objectively pro-Fascist.” Orwell therein further elucidated his views:

What I object to is the intellectual cowardice of people who are objectively and to some extent emotionally pro-Fascist, but who don’t care to say so and take refuge behind the formula ‘I am just as anti-fascist as anyone, but—’.  The result of this is that so-called peace propaganda is just as dishonest and intellectually disgusting as war propaganda.  Like war propaganda, it concentrates on putting forward a ‘case’, obscuring the opponent’s point of view and avoiding awkward questions.

He added: “My case against all of them is that they write mentally dishonest propaganda and degrade literary criticism to mutual arse-licking” and that “It is just because I do take the function of the intelligentsia seriously that I don’t like the sneers, libels, parrot phrased and financially profitable back-scratching which flourish in our English literary world, and perhaps in yours also.”  Better descriptions of that crowd’s heirs in the present cannot be written, and, as before in Orwell’s day, many of those in this crowd today are often caught “back-scratching” and “arse-licking” each other in echo chambers.  To listen to them, rather than blatant Russian imperialism and colonialism, the greater evils are supposedly the Western exercise of power in daring to aid a Ukraine that, they will stress, has been dominated by and even been part of Russia for centuries (as if that should matter when Ukrainians themselves have earned their freedom and independence, recognized by formal treaty repeatedly by Russia since the fall of the Soviet Union) and, even more so, in asserting either that there is, in fact, a moral dimension to supporting Ukraine or a false equivalence in equating Russia’s exercise and practice of its power in comparison with the America’s and the West’s: whether knowingly or unknowingly, these supposed and self-proclaimed “anti-imperialists” engage in behavior that dismisses, excuses, deflects from, or even advances Russian imperialism and its supporting false narratives. 

There can be but one course of action against today’s “intellectual” descendants of Orwell’s critics and enemies among the intelligentsia, and it must be that we especially utilize our “power of facing” to face them because they are usually the ones weakening the front against today’s fascists without claiming to actually be “for” those fascists, they are the ones who might persuade those with less moral discernment who would never think of consciously siding with fascists and who would be susceptible to low-hanging fruit of arguments relying on “free speech” and “peace” that objectively advance bad-faith disinformation and war against those fighting for their actual freedom.  And perhaps, with relentless opposition to their nonsense, some may even realize their folly and find their own “power of facing” directed back at themselves even though this may “put …[their] own position or preference to the test.”

Hitchens opens his introduction to Orwell in Spain with following two magnificent paragraphs:

The grandeur of George Orwell, in our store of moral and intellectual memory, is to be found partly in his very lack of grandeur.  He is remembered, with different and varying degrees of distinctness, as the man who confronted three of the great crises of the twentieth century and got all three of them, so to speak, ‘right’.  He was right, earlier than most, about imperialism, viewing it as an unjust and unjustifiable form of rule, and also as a cause of war.  He was right, early and often, about the menace presented by Fascism and National Socialism, not just to the peace of the world but to the very idea of civilization.  And he was right about Stalinism, about the great and the small temptations that it offered to certain kinds of intellectual, and about the monstrous consequences that would ensue from that nightmarish sleep of reason.

He brought off this triple achievement, furthermore, in his lowly capacity as an impoverished freelance journalist and amateur novelist.  He had no resources beyond his own, he enjoyed the backing of no party or organization or big newspaper, let alone any department of state.  Much of his energy was dissipated in the simple struggle to get published, or in the banal effort to meet a quotidian schedule of bills and deadlines.  He had no university education, no credential nor area of expertise. He had no capital. Yet his unexciting pen-name, drawn from a rather placid English river, is known to millions as a synonym for prescience and integrity, and the adjective ‘Orwellian’ is understood widely and – this has its significance – ambivalently.  To describe a situation as ‘Orwellian’ is to announce dystopia: the triumph of force and sadism and demagogy over humanism.  To call a person ‘Orwellian’ is to summon the latent ability of an individual to resist such triumphs, or at least to see through them and call them by their right names.

We don’t have to take a bullet in the neck like Orwell did in Spain in 1937, but the least we can do is call out the lies, disinformation, and misinformation religiously in the cause of reality, as Orwell seems to have pretty much always done and Hitchens mostly did (even when Hitch Hitch erred—most notably on Iraq—he usually did so for principled and admirable reasons).  We can, sadly, fall into either of the definitions Hitchens enumerates for “Orwellian,” but we must strive to be his latter definition and we can do so by calling out the imperialism, fascism, and Stalinism of today as Orwell did for the versions in his lifetime.  We can also be sure that Orwell’s stances on Trump, Putin, and their movements and allies would not be doubt were he alive today.

Herein, then, has not been any kind of comprehensive catalogue of Trumpist and Putinist attempts to rewrite history—those of you following these stories are all too familiar with too many of those examples—but a clarion call to honor the spirit of those two writers departed from us, whose careers were mostly dedicated to opposition to lies but fidelity to the truth should inspires us even if we, too, feel frightened like Orwell because we have “the feeling that the very concept of objective truth is fading out of the world.”  Orwell consistently and unflinchingly spoke truth to power with “a power of facing unpleasant facts” and so must we.

Brian’s Ukraine analysis has been praised by: Mykhailo Podolyak, a top advisor to Ukrainian President Volodymyr Zelensky; the Ukraine Territorial Defense Forces; Lt. Gen. Ben Hodges, U.S. Army (Ret.), former commanding general, U.S. Army Europe; Scott Shane, two-time Pulitzer Prize-winning journalist formerly of The New York Times & Baltimore Sun (and featured in HBO’s The Wire, playing himself); Rep. Adam Kinzinger (R-IL), one of the only Republicans to stand up to Trump and member of the January 6th Committee; and Orwell Prize-winning journalist Jenni Russell, among others.

See all Brian’s Ukraine coverage here

© 2023 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

Also see Brian’s eBook, A Song of Gas and Politics: How Ukraine Is at the Center of Trump-Russia, or, Ukrainegate: A “New” Phase in the Trump-Russia Saga Made from Recycled Materials, available for Amazon Kindle and Barnes & Noble Nook (preview here).

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By Brian E. Frydenborg (Twitter @bfry1981, LinkedIn, Facebook) April 13, 2023

SILVER SPRING—After disgraced former President Donald Trump’s first (and hardly rushed) indictment, this one at the hands of Manhattan District Attorney Alvin Bragg (I posted the full indictment here, read for yourself), there have been and are many—oh, so many—takes being offered on television, in print, and on social media.

A few are pretty solid.

But many takes—oh, so many—are hyperbolically dramatic, breathlessly stupid, and/or wildly inaccurate.  Most of the worst takes are coming from the right: wild, irresponsible, and nonsensical accusations of political persecution and miscarriages of justice (some are comparing to the tale of the persecution of, wait for it… Jesus) or literally painting the picture with the exact opposite of what is true.

But there is some criticism that is more measured and nuanced, even partly coming from figures or outlets on the mainstream left or conservatives who have consistently opposed Trump, that “the Democrats” are bungling the timing and/or order of Trump’s prosecutions and this indictment may undermine the other cases arrayed against him, that this case is problematic and “the least significant” and “weakest” of the potential charges and prosecutions should not even be pursued (from The Washington Post Editorial Board!), that prosecutions should be withheld because of how Trump’s cultists might react (Bill Maher), that if this indictment is successful it will fool the left into prematurely thinking Trumpism has been defeated, that this opens a Pandora’s box and sets bad precedents as to how other former presidents and officials could be treated down the road.

Yet many these criticisms are incredibly dangerous and seriously undermine the rule of law and democracy in general, empowering illiberal fascist tendencies in our country that are already out of control and that mean that any major election could be our last free and fair election.

Unreasonable from the Right

The first type of commentary, coming from the right, is exceedingly easy to toss aside.

Firstly, pretty much that entire crowd was saying the same stuff before the indictment was unsealed; they had no ability before that to definitively assess the quality of evidence and charges and most are clearly making their mind up (or lying) based on personal partisan political allegiances, not the law or the facts of the case of which they are in large part ignorant, but there are already indications the evidence will be strong:  two people very close to Trump at the time of his crimes  in question—Trump personal “fixer” lawyer Michael Cohen (who blocked me years ago on Twitter when he was still on Trump’s side in response to my investigative pieces on his shady history operating in Trump’s orbit) and Trump Organization CFO Allen Weisselberg—have already been convicted in directly related successful prosecutions, with Cohen even robustly cooperating with Bragg’s office in its current case against Trump.  Furthermore, key figures deep inside Trumpworld besides Cohen, including Kellyanne Conway and Hope Hicks, have been providing the testimony on which the Manhattan grand jury proceeded with its recommendations and Bragg decided to prosecute.

Secondly, events in question were late in the game in the 2016 presidential campaign but with extramarital affairs that happened years before the 2016 election (all the way back in 2006 and 2007!): that means there is a an overwhelming logical burden that would take extraordinary evidence to overcome to prove that paying off pornstar Stormy Daniels and with whom Donald Trump had an extramarital affair and taking other methods to quash another story about Playboy Playmate of the Year Karen McDougal with whom Trump also had an extramarital affair was not in large part done to prevent new stories of negative media coverage of Trump circulating in the months, days, and weeks before the incredibly close 2016 presidential election, one which Trump only narrowly won and with decisive outside interference from Putin’s Kremlin (which I have explained in detail before), so any idea that keeping these stories secret and using illegal accounting methods to keep this from having to be reported to federal election oversight authorities is patently absurd, full stop: there is no rational way to view any payments or efforts to bury these stories in 2016 a decade or nearly a decade after their occurrence not in large part as substantive efforts to aid the Trump presidential campaign to defeat Hillary Clinton.  Keeping such truthful scandalous stories about a candidate from appearing while voters are making up their minds and actually voting during early and absentee voting—regardless of any other reasons involved—is a massive boost to any campaign in any similar position, including Trump’s, and thus it is impossible to argue that the crimes of misreporting and concealing these financial moves are not directly related to clear violations of federal election law.

Think of it this way: imagine any candidate running for office engaging in illegal financial reporting to hide paying someone with whom that candidate has had an extramarital affair a decade ago and that this payment came at the height of that candidate’s political campaign, then consider the idea that the candidate would have done so at that time only for either or some combination of personal financial gain or to prevent personal damage to the candidate’s family to the exclusion of any political considerations… that second thought is simply nonsensical.  An attempt to argue it was not designed at least in part to benefit the candidate politically is an impossible sell, then, given that even the most inexperienced consultants or students of politics would be well-aware of the political benefits of such an act and would have to know engaging in such behavior would bring about considerable political benefits to any American political campaign.  Unlike other cases, here the intent-as-a-basis-for-arguing-innocence argument falls short in the realm of believability (as oppose to, say, considering Hillary Clinton’s e-mail/server woes under the Espionage Act).  And, all things being equal, again, the 2016 election was so razor-thin-close that any significant alteration of its equation against Trump would have seen Clinton triumphant; thus, it is far from unreasonable to argue that one or more of these stories about Trump’s extramarital affairs breaking late in the 2016 election cycle could have swung the election to his opponent and thus spared the nation the insanity of Trump’s four years as president.

Less Hysterical, Still Wrong

The other type of commentary generally critiques the strategy or risks of the indictment, but these arguments are also logically well into absurdist territory.

We have one case now unfolding from the Manhattan DA Alvin Bragg, an elected Democrat, and another that has yet to drop an indictment from Fulton County, Georgia, from its elected Democratic District Attorney Fani Willis, one concerning efforts to overturn Georgia’s election results.  A third investigation into Trump personally for his crimes related to Trump’s (ongoing!) insurrection campaign, his willful theft of classified materials, and his obstruction of justice in relation to returning them and to the relevant investigations is being handled by an apolitical Department of Justice appointee, Special Counsel Jack Smith, who has experience prosecuting war criminals at The Hague.  A fourth $250 million civil case is targeting the Trump Organization, Donald Trump, Ivanka Trump, Donald Trump Jr., and Eric Trump, one conducted by elected Democratic New York State Attorney General Laetitia James (and for which even just today, Trump had to sit for some seven hours of deposition).  There is also a civil rape case in New York involving Trump that is set to go to trial and a related defamation case, both brought by his accuser E. Jean Carroll.

While three of the four government officials leading the government cases are elected as Democrats and the fourth is appointed by the Democratic Biden Administration’s appointed and U.S.-Senate-confirmed U.S. Attorney General Merrick Garland, it is horribly misleading to portray their investigations somehow as being carried out by or at the behest of Democratic Party, including the Democratic National Committee (DNC), elected Democratic legislators in Congress, or any political wing of the Democratic Party, let alone liberal media or political organizations.  These are four separate investigations being carried out by two top local law enforcement officials (from Manhattan, a borough of New York City, and Fulton County in Georgia), one top state official for New York State, and one federal Special Counsel appointed by the U.S. Attorney General, and they are making their own separate decisions.  While there may be some areas where there is overlap between the Manhattan and New York State probes into Trump Organization finances and between the Fulton County and Special Counsel probes as far as Trump’s efforts to overturn the election, the idea that they are coordinating between themselves or with Democratic Party organizations for political framing or advantage as to what, how, when, and if they will prosecute is not only entirely speculative and wholly without evidence, it goes contrary to how these things have worked over recent decades in the American justice system.  While, as noted, there are certain overlapping areas of focus where different government prosecutorial offices might exchange notes or potential conflicts, anything beyond that, especially the idea that these prosecutors are working with Democratic Party leaders in Congress, with the White House, with state legislatures, with left-leaning or leftist media outlets and figures, or with national, state, or local Democratic Party organizations at all, let alone in concert for some sort of political strategy for the coming elections, goes contrary to how these investigations have operated by and large for decades.

(As an aside, let’s contrast this against zealous Independent Counsel Kenneth Starr’s 1990s investigations of the Clintons when they were in the White House.  It is because of Starr the that special counsel regulations were crafted to replace the independent counsel statute to avoid overreaching politicized witch-hunts like Starr’s, which proved none of the original alleged crimes for which it had begun but did uncover a salacious extramarital affair between then-President Bill Clinton and then-White House intern Monica Lewinsky, catching Clinton perjuring himself to cover up the affair, for which Clinton was impeached, a far lesser matter than the two Trump impeachments, in which some Republicans who were in office for Clinton’s impeachment had voted as representatives to impeach in 1998 or as senators to remove Clinton in 1999 but, tellingly, declined to vote to remove Trump from office as senators during his two far more serious Senate impeachment trials in 2020 and 2021; to add to the extreme irony, Starr himself was part of Trump’s defense team during his first Senate trial in 2020, further cementing who he really was to the public before he died in late 2022).

As opposed to Starr, we have nothing at all to suggest anything other than that Alvin Bragg simply finished his investigation and preparation first and, therefore, filed his indictment first: anyone suggesting otherwise, the burden of proof is on them and no proof has emerged.

So when people suggest that “the Democrats” are not putting their best foot forward by going with these charges first, they are grossly mischaracterizing how these things work in this country.  This is not some coordinated political campaign, and language suggesting that is deeply corrosive to the public’s trust in our institutions of justice, indeed, this destruction of faith in institutions is a lesser side of the coin that Republicans are explicitly screaming and that is one of the key hallmarks of its Trumpism as well as being a disturbing rising trend on the Bernie Sanders-left.  Just assuming bad faith and corruption without strong evidence to support that supposition—in such an unwarranted manner from the beginning before the processes even plays out—is dangerous, and can culminate in even far worse than what we saw on January 6 with the failed insurrection-coup attempt.

What people on the left and other principled Trump critics need to understand, then, is that when they criticize “the Democrats” for supposedly overplaying a political hand in reference to these separate investigations, they are adding fuel to the same fire of cynicism about our institutions that fuels Trumpism’s fascist populism.  The other officials will file their indictments if and when they are ready, but each case will rise of fall based on its own evidence and its own merits, regardless to what any of the other cases lead.  One or more cases may ultimately inform one or more of the others, but they are still their own cases and suggesting otherwise is detrimental to “the rule of law and not of men.”

And the issues surrounding Trump’s first indictment are “serious.”  Especially considering that all this is related to essentially cheating in the 2016 election, no one should view these charges as “weak” or “minor;” as I argued above, the political dimension is not “alleged” or a supposition: it is central to the financial crimes committed just before the 2016 election to suppress decade-old infidelities with a pornstar and a Playmate in a way that substantially politically benefitted the campaign of a candidate in Trump whose most loyal voters were Evangelical Christians (even more so than for George W. Bush, who was himself an Evangelical).

Republicans know this, so does Trump, and they are worried regardless of their gaslighting claiming the opposite.  Why else would drama-queen (this is objective, as he seems to have as his default tone “yell”) Trump devotee and powerful Republican Jim Jordan, preposterously the Chairman of the House Judiciary Committee, be trying to run unconstitutional interference from Congress already on Bragg’s case, for which Bragg has just sued Jordan, making it clear his Manhattan District Attorney’s office will not tolerate such brazen challenges to the rule of law (see the detailed 50-page filing submitted by Bragg: he brought receipts!)?  If it is no big deal, why not let a free airing of the evidence in the case prove Trump’s innocence, as a failure to convict would surely help Trump?  The answer is fear that the case may actually turn out to be strong.

As to the order of the charges, why not begin with the earliest of Trump’s crimes?  Yale professor, lawyer, and former FBI counterintelligence agent Asha Rangappa adroitly points out that Trump’s crimes for which he has been indicted by the Manhattan DA are the first in a series of major crimes all related to skewing or overturning the outcomes of his elections, followed by accepting Russian malign assistance during the campaign, by his attempts to get Ukraine’s President Volodymyr Zelensky to damage Joe Biden politically with a false pretense of an “investigation” in exchange for military aid that had already been approved by Congress (including the Javelin anti-tank missiles that have been so crucial for Ukraine in defeating Russia’s current military onslaught), and the whole series of efforts to overturn the 2020 election through actions such as attempting to pressure Georgia’s Secretary of State Brad Raffensperger to “find” Trump votes (see my interview with Sec. Raffensperger conducted just a few days before that “perfect phone call”) and fostering a violent coup-insurrection attempt against Congress, the peaceful transfer of power, and our constitutional order.  In pointing out the linked nature of these offenses and cases, Professor Rangappa obliterates both the argument against the timing of Bragg’s indictment and the idea that the crimes laid out by the indictment are minor, exaggerated, or not worth pursuing.

Rangappa also did an excellent job putting out the structure and merit of Bragg’s case in visual form, whether involving federal election violations or not:

In terms of thinking we should not pursue justice and uphold the law against a man who is wholly unrepentant, still pursuing his crimes, and is obviously still a clear and present danger to our democracy (as in, not behaving at all the way Richard Nixon did after he resigned), well, there is a word for using the threat of violence to affect a political outcome in this way, and that word is terrorism.

When it comes to the idea that choosing to prosecute Trump is opening a Pandora’s Box, I do not take this lightly at all and I have done my own detailed research on how political witch-hunt prosecutions in the ancient Roman Republic (including threatened against Julius Caesar himself) helped to launch a spiral of extreme partisanship that destroyed the Republic’s democracy and brought about the autocratic Roman Empire.  But it is not the choosing to prosecute Trump that is the problem: it is that Trump, unlike any predecessor, has committed such criminal activity outside the bounds of misguided policy and very much about his own personal self-centered conduct, that he is so unrepentant and continues to advertise he will further his crimes, that he makes not prosecuting him worse than prosecuting him as far as the consequences for our nation.

And the idea that Republicans might politically persecute Democrats mainly because of what Bragg and other prosecutors do now is farcical: since Bill Clinton’s first presidential campaign, Republicans have been abusing their power in pursuit of political witch-hunts for decades regardless of what investigations or prosecutions are being pursued now against Trump and are obviously already ready to abuse their power with enough numbers on their side in the way people strangely consider hypothetical or dependent on the Trump prosecutions…

Republicans Are the Actual Witch-Hunters

And let’s be honest and more detailed about the track record here:

• Republicans tried going after Bill Clinton for nearly purely partisan political reasons while he was in office and, again, found nothing related to the serious allegations against him.
• They “investigated” Hillary Clinton more intensely than Watergate for “Benghazi” (but really about her e-mails and server), but the nine Republican-driven/led investigations concerning her role in Benghazi were unable to uncover any serious wrongdoing by or fault with Clinton on Benghazi, while James Comey’s FBI correctly determined that Clinton’s issues around her e-mails and server did not warrant a criminal prosecution, however much Comey erred in other ways.
• Trump’s partisan attorney general, Bill Barr—as part of his interference and smearing of the Mueller probe and other legitimate probes into Trump—authorized another partisan in eventual Special Counsel John Durham to investigate the investigators of Trump, an investigation endlessly hyped by right-wing Trumpist media but that failed miserably: of three cases Durham brought, two went to trail with indictments accusing the defendants of lying to the FBI—one filed against Igor Danchenko, a source for the Steele dossier, and another filed against Michael Sussmann, a cybersecurity lawyer who had been working for Hillary Clinton’s presidential campaign—both embarrassingly ending in unanimous acquittals by the juries and not convictions.  A third case resulted in a plea deal for an FBI lawyer at the time of the matters in question in which the lawyer, Kevin Clinesmith, pleaded guilty to altering a single email related to the FISA court actions towards the Trump campaign staffer Carter Page (whose incredible sketchiness I have previously outlined); the federal judge overseeing the plea deal agreed with an earlier Justice Department Inspector General conclusion there was no political bias behind the actions of Clinesmith and believed Clinesmith’s assertion that he believed at the time that the information he inserted into the email was accurate and that he did not know it was erroneous, with the judge only sentencing Clinesmith to probation and no prison time.  Thus, over three cases involving one judge sentencing and two juries, the claims of a “deep state” bias against Trump and Republicans turned out to be nonexistent, yet Durham’s whimper of a probe lasted for close to four years and cost taxpayers $6.5 million by at least late December 2022; if there was such a conspiracy, Durham would have found it with that much time and effort and he most certainly did not.
• In contrast, Special Counsel Robert Mueller found a lot of damning evidence of collusion and achieved successful convictions or plea deals against thirty-four individuals and three companies with sentences including prison time for multiple targets of these cases; a referred case ended in an additional guilty plea deal for a thirty-fifth individual.
• Trump eventually pardoned three of the more high-profile individuals against whom Mueller earned convictions—Michael Flynn, Roger Stone, and Paul Manafort—as well as two less- prominent individuals Mueller had convicted—George Papadopoulos and Alex van der Zwaan—a clear assault on the rule of law in encouraging others to commit crimes on Trump’s behalf in exchange for presidential pardons.
• It needs to also be noted here also that throughout his time as would-be president, candidate, and would-be president again, Trump has repeatedly threatened or tried to use the government to persecute his political enemies beyond his and his people’s efforts to pressure Zelensky to “investigate” Biden, leading to Trump’s first impeachment.  Even now, he is atrociously calling for Alvin Bragg to be prosecuted for daring to indict him and is calling to “defund” the FBI and U.S. Department of Justice alongside other Republican allies of his.

Conclusion: Do Better, Media

One recent New York Times article proclaimed in its headline “Biden Has the Oval Office. But Trump Has Center Stage,” seemingly blithely unaware of its own leading role in creating a self-fulfilling prophecy of any kind of news coverage environment resembling its own proclamation.  Much of the mainstream press seems blithely unaware of the damage these narratives they are parroting may inflict (as it is wont to do), while Trump and his allies know how damaging these narratives can be and seek to inflict that damage to further their ends, regardless of the costs to our democracy.

The simple facts are these: before the indictment was unsealed, there was far too much mindless speculation about what would or would not be in it when we would clearly eventually know once it was unsealed and, before that, time could have been far-better spent on other topics; now, with the indictment released, there is far too much mindless speculation about the quality of the case and the evidence that has yet to be presented to the jury.  No one would sanely ask the jury to make a decision before seeing the full presentation of the prosecution and the defense, so no one should ask audiences to that now, just as they should not have speculated ad nauseum about an indictment before it became unsealed.  The press can and must do better, and it can start by not giving any more than just a little bit of airtime to these ludicrous and dangerous “hot takes,” if only to swat them down rather than to give them credence.  Then again, the press is already back to covering Trump’s plane on tarmacs and his motorcade, and, for much of 2022, the press was speculating about the 2024 presidential race, so expectations should not be high.

In the end, Bragg’s case may not be the strongest of all the cases arrayed against Trump, but that is not terribly important and Bragg has yet to fully play his hand.  When it does finally get presented, the evidence may very well still be damning and more than enough to erase any “reasonable doubt” as to the illegality of Trump’s financial shenanigans surrounding his hush money payments and their clear link to Trump’s political efforts to attain the presidency in 2016, and commentary that is prematurely dismissive of these realities or of the case’s potential should not be aired or taken seriously by anyone.  If somehow the case fails, that will not because of anything Trump partisans can know yet before the trial and presentation of evidence takes place, and that should be noted any time such partisan blind utterances are spewed.  Ultimately, given what we know so far and the arguments and context I have endorsed herein, when the wheels of justice are finally done turning in this case, it will likely not be a good result for Trump.

What is certain besides the premature nature of the bad arguments criticized herein is that interfering with and attacking valid legal proceedings undermine our democracy, the rule of law, and the principle of equality before the law, all consequences Trump and his Republican Party overall sadly find more than acceptable as part of their pursuit of power and furthering of their illiberal, fascist agenda.

© 2023 Brian E. Frydenborg all rights reserved, permission required for republication, attributed quotations welcome

Also see Brian’s eBook, A Song of Gas and Politics: How Ukraine Is at the Center of Trump-Russia, or, Ukrainegate: A “New” Phase in the Trump-Russia Saga Made from Recycled Materials, available for Amazon Kindle and Barnes & Noble Nook (preview here), and be sure to check out Brian’s new podcast!

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By Brian E. Frydenborg (LinkedIn, Twitter @bfry1981, YouTube, Facebook)  September 26, 2020; UPATE September 21, 2024: BE SURE to check the Rachel Maddow-produced, Bill Corden-of-Cocaine Cowboy-directed From Russia With Lev (trailer here), the MSNBC documentary focusing mainly the exact same events and people I chronicled five years ago, excerpted below!

This is the Epilogue from my eBook published on November 23, 2019.  For the full context in one place, check out that eBook, A Song of Gas and Politics: How Ukraine Is at the Center of Trump-Russia, or, Ukrainegate: A “New” Phase in the Trump-Russia Saga Made from Recycled Materials, available for Amazon Kindle and Barnes & Noble Nook (preview here), a detailed look at Trump-Russia and how its Ukraine machinations led to Trump’s impeachment (Sept. 27 update: this eBook also goes into detail on Trump’s long history of scandalous, criminal business dealings, bankruptcies, and financial problems that are of increasing interest since the bombshell report on Trump’s taxes was released on 9/27, and this article of mine offers a less complete version of those misdealings). As far as articles, for more info on Trump’s nefarious, criminal business dealings in Panama and how they connect to pro-Russian Ukrainian political force Viktor Medvedchuk; for specific context on now convicted-by-Mueller’s-team felon Paul Manafort’s work on Ukraine on behalf of Russian President Vladimir Putin’s stooge Viktor Yanukovych alongside Ukrainian oligarch Dmitry Firtash, one of the top partners in Ukraine for years of Russian mafia “godfather” Semion Mogilevich, himself a right-hand of Putin; for how Konstantin Kilimnik was a link between Manafort and the Kremlin; for how Andrii Artemenko fits into all this; and how Rudy Giuliani’s longstanding ties with Mogilevich-connected Sam Kislin are also of interest, as is the history of Kislin’s old partner Tamir Sapir in Trumpworld, especially the infamous Felix Sater-brokered Bayrock deals, see my articles How Cohen’s and Manafort’s Ukraine Ties Tell the Deeper Story of Trump-Russia and the Mueller Probe and Think You Know How Deep Trump-Russia Goes? Think Again: This Chart/Info Will Blow Your Mind, which link to some more detailed work of mine on some of these individual subjects (the second article contains information on Trump’s banruptcies and business fiascos relevant to the 9/27 major report on Trump’s taxes).  For more on the inner workings of the Burisma issues in Ukraine involving various Ukrainian prosecutors, including Viktor Shokin and Vitaliy Kasko, and how they do—and do not—relate to the Bidens, see my other piece The Untold Story of the Bidens and Burisma.  You can see all my Trump-Russia coverage here.

The Circus Comes to Ukraine and Blows Everything Up

The Government Accountability Institute should be famous, but it is not.  Founded by none-other than Steve Bannon—former maestro of right-wing-propagandistic site Breitbart, former CEO of Trump’s presidential campaign (something of a replacement for Manafort), former top advisor to President Trump, and current orchestrator of a European pan-national right-wing movement—the Florida group was critical in advancing debunked disinformation on the Clintons during the 2016 election cycle.  Its then-and-current president, Peter Schweizer (also an editor at Breitbart), wrote the notoriously error-riddled Clinton Cash.  One thing he was good at, though, was getting mainstream media—including The New York Times—to feature his work prominently and help to get these false stories mass traction: myth would become reality and some of the main talking points used against Hillary Clinton during the election were first given prominence through Schweizer and his manipulations and continued to be amplified by him and his allies all throughout the election.  It was a concerted, deceitful, coordinated effort from right-wing media using dubious financing that depended on co-opting mainstream media outlets for legitimacy, and it succeeded wildly in its aims of damaging Clinton.  Such tactics actually even mirror Kremlin disinformation campaigns.

Defying belief, Schweizer and his Institute are doing the same thing again—and succeeding—with a newer book, Secret Empires, to target the Bidens with debunked disinformation and even eventually succeeded in 2019 in once again co-opting The New York Times for the same thematic purpose as before, among other outlets. 

Rudy Giuliani, the former New York City mayor now acting as Trump’s personal lawyer, picked up on the new Schweizer false narratives late in 2018 and began engaging relevant Ukrainians in person in New York and Ukraine, including ousted former Ukrainian Prosecutor General Viktor Shokin, to advance them.  He also enlisted one of Shokin’s successors, Yuriy Lutsenko, in January, when Lutsenko made unsubstantiated incriminating claims about Hunter Biden (it was, interestingly, under Lutsenko’s watch that the aforementioned criminal record of Igor Anopolskiy, involved in the Trump Panama fiasco and apparently financially connected to Medvedchuk’s wife, was purged). 

Lustenko has a reputation for using his power as a personal political weapon and for being an amateur, and proved it for Giuliani, agreeing to work to reopen inquiries into Burisma and to focus on Hunter Biden, which he did in March even though he had earlier cleared the Bidens.  He was already clashing on corruption issues with then-U.S. Ambassador to Ukraine Marie Yovanovitch—who had pushed him to act more against corruption—and sought ways to discredit her with Giuliani, hoping his actions against the Bidens would earn him favor from Giuliani and Trump when he was not getting along with Yovanovitch.  Lutsenko accused her of giving him a list of certain untouchables, implying the Bidens, but later admitted he lied about this.

Yet the “political hit job” on Yovanovitch was successful: she was recalled from her post in May, in part because of the disinformation fed to Trump by Giuliani, right-wing media, and others as well as the complicity of her boss, Secretary of State Mike Pompeo (it was this silence and inaction on his part that led to the abrupt resignation of Michael McKinley, one of Pompeo’s senior advisors, who has since testified in detail to investigators).  Also, in what could be an example of an earlier inappropriate quid pro quo with the Trump Administration, Lutsenko in early 2018 froze Ukraine’s investigations into Manafort and others related to the Mueller probe right when Trump Administration was deciding whether to provide Ukraine with advanced anti-tank Javelin missiles that could help check Russian armor (Lutsenko was also responsible for allowing Manafort’s colleague Kilimnik to escape to Russia without being asked questions that would have aided Mueller’s investigation).  Lutsenko would later even talk with Giuliani about the unsubstantiated wild conspiracy theory that Manafort was set up by Clinton supporters.  Lutsenko was fired for his misconduct in September, after which he admitted there was no evidence on which to base investigations against the Bidens and is now facing his own criminal investigation for abusing his power.

Another key Ukrainian Giuliani enlisted in this effort, Kostiantyn Kulyk, was Lutsenko’s deputy.  An opportunistic current prosecutor, he is known for corruption, for targeting his political opponents with investigations, and for ties to a Russian intelligence agent who set up a paramilitary unit of pro-Russian separatists in Ukraine’s east to fight the Ukrainian government.  With Lutsenko’s blessing, Kulyuk went all in on Giuliani’s Biden scheme in March, joining in the smearing of U.S. diplomats (including Yovanovitch) and even Democrats by accusing them of covering up for the Bidens, accusations he has not substantiated.  Also unsubstantiated was an apparently fabricated dossier authored by Kulyuk about the Bidens, purporting to describe the corruption of both Joe and Hunter Biden.  Fittingly, Kulyuk will soon be fired, much in the manner of his old boss.

Giuliani even began trying to coordinate strategy with Pompeo, who would be one of the most senior Trump Administration officials to parrot Biden disinformation and conspiracy theories, in essence encouraging a witch hunt.  Fox News began getting in on the action, too, and a prominent figure at The Hill, John Solomon, began intensely advancing debunked false narratives through a series of columns in the spring of 2019, even coordinating with Giuliani and interviewing Lutsenko.  They were not only attacking the Bidens though: they, too, began attacking Amb. Yovanovitch, spreading unsubstantiated claims that Ukraine had tried to help Clinton win in 2016 (sure to grab Trump’s attention) and repeated unsubstantiated, self-serving claims from Shokin about Biden.  On April 25^th, 2019, the very same day Biden officially began his presidential campaign, Trump himself called into the Fox News show of Sean Hannity—who has been predictably trafficking the Biden smears—and told Hannity he wanted to have his Attorney General, Bill Barr, to look into the Bidens.  The following month, The New York Times would have a major story on the “controversy” involving the Bidens.

As to this problematic May, 2019, New York Times piece: it was co-authored by Kenneth Vogel and Iuliia Mendel; in 2015, Vogel, writing for Politico, seems to have known how to properly characterize information coming from Schweizer, so it is not sure what changed in 2019.  His co-author Mendel was a Ukrainian freelancer at the time and was controversially hired the month after this article was published as the press secretary for freshly-elected Ukrainian President Volodymyr Zelensky himself, raising serious questions about her background, motives, and conflicts of interest.  The article was a major boost, perhaps even a turning point, in the attention given to the Bidens’ activity in Ukraine.  Earlier, just before Trump’s inauguration and during his Politico days, Vogel was also instrumental in advancing the false Kremlin propaganda that Kilimnik had fed Manafort who, in turn, fed it to Trump that Ukraine interfered in the 2016 election and did so to help Clinton and hurt Trump.

A follow-up piece a week later in May by Vogel for the Times even portrayed Giuliani’s trip to Ukraine as a legitimate fact-finding mission and failed, again, to note the problematic, baseless origins of the claims even though Vogel was familiar with Schweizer.  Just to name one example of the mirror effect, even the BBC had a piece on the Bidens and Ukraine a week-and-a-half after.

It was 2016 all over again, just this time Biden was the target of the coordinated assault, not Hillary Clinton.

A conspiracy of lies had been birthed, raised in an accelerated program, and was now of fighting age, much like a clone trooper from Star Wars.  This clone trooper, like in Star Wars, was not produced randomly but was part of an organized plot pushed by people with nefarious, deceptive interests and operating and funded from the shadows.  And that false narrative of the Bidens is what is existing as reality in the eyes of many millions duped by this concerted right-wing disinformation campaign.  For those who can remember Kerry vs. Bush, this takes what happened with GOP attacks in 2004 on John Kerry—referred to as “swiftboating”—and injects that with steroids, especially in utilizing the official powers of the presidency and Executive Branch in doing so.

Within the context of this fabricated reality, Giuliani engaged in gross antics in Ukraine, to be detailed below in a bit.  Trump himself engaged in pushing this nonsense onto Ukrainian President Zelensky during a July 25^th phone call between the two, freezing aid authorized by Congress to Ukraine before the call and verbally pressuring him during it, both as part of a bid to try to force the new Ukrainian president to play along with the alternate-reality Biden fantasy world (and the “Ukraine was behind U.S. election interference” fiction) just to be able to receive aid for his country as it fought Russian aggression.

Trump’s goofy power play almost worked with the desperate Ukrainian president, but pressure from Congress on Trump to release the aid just two days before Zelensky was about to cave in to Trump’s demands in September salvaged propriety.  Even so, Ukraine’s new president still finds himself in an extremely uncomfortable situation with America even as he tries to defuse tensions in his own country.

For many, this moment was a Rubicon that had been crossed.  The actual U.S. government professionals who had spent years running Ukraine policy or enforcing ethical norms—from the State Department to the U.S. Embassy in Kiev, from the National Security Council to the Office of the Intelligence Community Inspector General—were aghast at what was happening.  And, throughout Trump’s own Executive Branch, they revolted (including Yovanovitch and William Taylor, whom Firtash tried to sweet talk all those years ago), many coming out already to testify to Congress about Giuliani’s misdeeds and other details, with Trump and his minions attacking them in response in ways that amount to clear witness tampering.  And it is that revolt that has been dominating headlines lately, fueling the impeachment inquiry, and increasing support for impeachment like never before in Trump’s presidency.

Some of what has been happening on the ground in Ukraine involves some important details that may have been reported but have not received nearly as much attention as they deserve, nor been made top stories from top outlets, as they should be.  But these details are explosive in the context of everything outlined in this book and bring disparate elements of this narrative together, so are therefore discussed below.

Rather incredibly, Dmitry Firtash is trying to align his defense with claims made by Trump and Giuliani.  Yet, when one realizes that Firtash switched up his defense team in July to include Victoria Toensing and Joseph diGenova—a conservative married couple who are prominent media defenders of Trump (often passionately so on Fox News) and who work closely with Giuliani as business partners—this is hardly surprising.  The duo met with Trump’s Attorney General, William Barr, also in July, to ask him to end the U.S. effort to extradite Firtash and present a case against the charges levied against their client, but Barr chose not to become involved.  It is worth nothing here that Brady Toensing, the son of Victoria Toensing and stepson of diGenova, began working for Barr’s Department Justice as a senior counsel for the Office of Legal Policy the month before his parents started working for Firtash.  Indications are he will recuse himself from at least some areas from which he should recuse himself, but the potential for conflict of interest here should not be forgotten.

Strangely, none other than the Ukrainian prosecutor ousted by pressure from Joe Biden and others pushing Ukraine on corruption, Viktor Shokin, submitted an affidavit on Firtash’s behalf to his legal team, claiming that Biden had had him fired to protect Hunter Biden and had pressured Ukraine’s government not to allow Firtash back into Ukraine in order to limit Firtash’s political influence (this second point is quite believable since Biden was working against corruption in Ukraine).  The idea was to discredit Biden, and Giuliani has made this affidavit a major pillar of his Biden attacks.

Here is where Soviet-born Americans Lev Parnas (from Ukraine) and Igor Fruman (from Belarus), two partners of Giuliani’s working for him to dig up dirt on the Bidens in Ukraine, enter quite interestingly into our story.

After their dramatic arrest early last month at Dulles International Airport outside of Washington, DC, trying to use one-way tickets to get out of the U.S. and travel to Vienna, Austria, they were front-page and round-the-clock TV material for a while.  They were charged by federal prosecutors from SDNY for breaking campaign finance law to feed hundreds of thousands of dollars to Republican groups and candidates including a pro-Trump super PAC.  Their indictment mentions that they were funneling money into these campaigns from an unspecified Russian to help gain leverage with certain state and national politicians regarding a recreational marijuana “future business venture” in Nevada and other states.  The indictment also notes that Parnas met with a congressman (former Republican Congressman Pete Sessions of Texas, who had lost to a Democrat in 2018 and is hoping to mount a comeback) to whom money from the scheme had been donated to try to get him to work towards the removal of then-Amb. Yovanovitch from her post, and that this was done at the request of at least one Ukrainian government official.  Sessions would join this effort, and now he has had to respond to federal grand jury subpoenas.

The whole investigation into Parnas and Fruman is part of an ongoing investigation, as Parnas and Fruman were arrested as a matter of necessity because they were leaving the country, not because prosecutors preferred that time for the arrest.  That piece of information and the keeping of several individuals’ identities in the indictment secret indicates that the SDNY prosecutors are holding their cards close to their chest and that more charges can be expected.  And it would hardly be surprising if the unnamed Ukrainian government official(s) were Lutsenko and/or Kulyuk and that this investigation into Parnas and Fruman were actually part the SDNY investigation into Giuliani’s finances and activities in Ukraine and his overall activities involving Parnas and Fruman (incredibly ironic since Giuliani made a name for himself as the SDNY U.S. Attorney), given what will be outlined below.

As part of their efforts in Ukraine as directed by Giuliani (who, it seems more and more, was in turn directed by Trump), Parnas and Fruman connected Giuliani with Shokin late in 2018.  We also just learned that, according to Parnas’ current lawyer (who claims his client has text messages and other documentation backing this up), at or near the same time, Shokin met in Vienna with, of all people, egregious Trump apologist and disinformation-and-conspiracy-theory all-star Devin Nunes, the disgraced leader of the Republican side on the House Intelligence Committee, which has been the recent front line in the impeachment fight (some of his most controversial efforts involved baselessly attacking the legitimate FISA surveillance of Carter Page).  Nunes was seeking to combine his efforts to dig up “information” on the Bidens with Giuliani’s intrigues, along with efforts to boost a discredited, baseless conspiracy theory pushed by the Kremlin that Ukraine, not Russia, was behind the 2016 U.S. election meddling.   Nunes also met with Parnas around this time and directed his staffer, Derek Harvey, to coordinate efforts with Parnas, and they met repeatedly after.  Such meetings were confirmed by Solomon, whose “reporting” was a basis for some of Nunes’s lines of inquiry.  Nunes engaged and directed this activity after the 2018 midterm elections—in which Democrats took the House back from Republicans—but before the new Congress was seated specifically in order to avoid having to reveal details about his trips and meetings to the incoming Democratic leadership.   It is obviously extremely problematic that, in the public impeachment hearings exploring all of this, the highest-ranking Republican present during and helping to lead these public hearings has not disclosed that he was involved in the very efforts that are currently under the impeachment microscope.  It should be noted that, concurrent with Nunes in recent days spewing these lies about Ukraine on the record at these hearings, Putin himself exclaimed “Thank God, no one is accusing us of interfering in the US elections anymore; now they’re accusing Ukraine.”

We also know that in January of 2019, Giuliani asked the State Department to grant Shokin a U.S. visa: State said no, so then Giuliani asked the White House, and an official there also said no after discussing with State.  Giuliani also met Lutsenko with both Parnas and Fruman that same January in a meeting arranged by the pair, who engaged frequently with the then-prosecutor.  In February, the pair tried pressuring Poroshenko in person along with Lutsenko to announce an investigation into the Bidens, just months before Poroshenko lost to Zelensky.  They offered a formal state visit to Washington for Poroshenko in return—something he was actively seeking—and present at this meeting was Lutsenko.  Such a state visit in Washington could have bolstered Poroshenko’s support at home just before an election, but it never came and Poroshenko was crushed by Zelensky just two months later in April (voters had tired of Poroshenko, hamstrung as he was by competing interests and falling short of what he had promised).  In March, Parnas was the guy who orchestrated Lutsenko’s interview with The Hill conducted by Solomon in which Lutsenko disseminated lies he later retracted.  Parnas’s intro to Solomon, in turn, was facilitated by Rep. Pete Sessions, and Parnas and Solomon continued to coordinate after the Lutsenko interview.  Adding to the idea of a coordinated campaign, Solomon is represented legally by Toensing and diGenova; clearly, Solomon’s role is far beyond that of a just a writer.

Just days before Zelensky’s inauguration in May, Parnas and Fruman had a meeting with Serhiy Shefir, a member of Zelensky’s “inner circle;” according to Parnas’s lawyer, in that meeting Parnas laid out a list of demands: the Zelensky Administration must announce an investigation into the Bidens or both Vice President Mike Pence would not attend Zelensky’s inauguration and the U.S. would freeze aid for Ukraine, and these demands were made by Parnas on orders from Giuliani. 

In the end, Trump ordered Pence not to attend Zelensky’s inauguration, a clear a sign of retaliation for non-compliance with these demands.

Fruman and Giuliani deny the above account, at least so far; Fruman is represented by one of Trump’s former White House lawyers, John Dowd, who represented Trump as his top lawyer during the Mueller probe but ultimately resigned over Trump ignoring his advice and what he viewed as Trump’s risky approach to the whole situation.  With this current situation, Dowd tried to get Parnas to claim executive privilege to not have to answer questions, but that clearly did not happen.  Fruman’s other main lawyer is Todd Blanche, who also represents Manafort.

Sherfir, now President Zelensky’s top advisor, confirmed the May meeting but rather coyly said military aid, specifically, was not discussed (giving him a lot of wiggle room), but this statement, like Zelensky’s affirmation that no one pressured him, must be seen in the context of the extraordinary situation in which the Zelensky Administration finds itself.  Obviously, Zelensky is trying as hard as he can to appease and not to alienate Trump and must walk a delicate line with all his public statements relating to America since the brand new politician has been sucked into impeachment proceedings in an election year, so you can expect him to try not to say things to make either Trump and Republicans on the one hand or Democrats on the other hand think he is helping the other side, at least up to the point Trump looks as if he really will withhold aid or do something worse, as has kind of been happening already.  And all this happens while the young Ukrainian leader faces immense overall challenges in Ukraine.

Parnas and Fruman specifically clearly helped facilitate meetings designed to pressure, and to get Giuliani access to, Zelensky and others close to him (and Poroshenko before him) and were therefore very much a part of setting in motion the July phone call between Trump and Zelensky, with the May disputed meeting only the most emphatic example of the duo’s pressure.

And yet, ties get even more incestuous as far as our threads are concerned.  What received less attention was that one of the two associates of Giuliani, Lev Parnas, was working as a translator for Firtash’s legal team, but both Parnas and Fruman had worked for Firtash before “in an unspecified capacity.”  Toensing, diGenova, and Parnas were trying together to dig up dirt on Democrats with ties to Ukraine, involved Solomon in these coordinated efforts, and Parnas has even tried to portray Firtash as a victim.  Federal prosecutors working on Firtash’s case on Chicago for which the U.S. is supposed to extradite him reached out to their counterparts in New York about the relationship of Firtash with Parnas and Fruman.  The Chicago prosecutors had been investigating their ties to Firtash for some time and when the pair was arrested, they were heading to Vienna; Giuliani was supposed to fly there the following day, but canceled after the arrest.  The trips were to coordinate a meeting with Shokin to prep him for an interview he would do with Sean Hannity from Vienna.  But they could also easily have been trying to engage Firtash.  Either way, it is clear that the two camps of Firtash/pro-Russian Ukrainians and Team Giuliani/Trump were now coordinating, uniting on messaging and strategy.  Giuliani has even admitted to personally looking into Firtash as a resource, and clearly, Russian media along with America’s right-wing media are all too happy to further these narratives and provide assists. 

Firtash’s right-wing lawyers see any way to discredit Biden as corrupt and as going after both Shokin and Firtash for personal political reasons as the best way to help their client other than getting charges dropped.  Firtash even paid diGenova and Toensing $1 million to find incriminating information on Biden.  In this context, if Shokin (rewriting history, Trump is now saying that Shokin was “very good” and that it was “unfair” to fire him) and Firtash are remade into the good guys, then Biden must the bad guy and Trump benefits.

Reforms Biden pushed for intensely on corruption and for the gas sector may have cost Firtash up to $400 million a year, and he feels a rage towards Biden, calling him an “overlord” who wielded inappropriate and “enormous” influence on the Ukrainian government after Yanukovych’s ouster.  Lacking self-awareness, Firtash and his team seem not to have considered that such assertions, if anything, are a vindication of Biden’s efforts to fight corruption in Ukraine.  But maybe they are instead playing to an audience of one, hoping like so many others that winning over Trump is enough and will result in interference on his part that might save Firtash from extradition.  It seems Biden is to Firtash what Hillary Clinton was to Putin: his main American enemy, at least in his mind. 

Parnas and Fruman were also concurrently trying to pursue a change at the top of Naftogaz along with replacing Yovanovitch, with both moves designed to help them personally sell gas to Naftogaz and to benefit Firtash.  They worked with and received funding from Firtash towards this effort, advocating for the wiping out of the exiled gas tycoon’s debts with Naftogaz.  The current CEO of Naftogaz, Andriy Kobolev, is seen by Ukrainians and Westerners as a star of Ukraine’s anti-corruption efforts and had been tough on Firtash, accusing Firtash of illegally keeping some $2 billion since 2017 by not making required payments to Ukrainian state-owned companies.  Since Yovanovitch was supporting Kobolev, Parnas and Fruman thought getting rid of her would help them deal with Kobolev more easily.

Despite Parnas and Fruman being photographed repeatedly with Trump and working closely with Giuliani on behalf of Trump, Trump denies knowing either of them.  This has apparently hurt the feelings of Parnas, who now seems to be cooperating with investigators.

A third associate of Giuliani’s we should well remember: Ukrainian-born Sam Kislin, whom U.S. authorities believe is an important figure in the Mogilevich Russian mafia outfit and who did business with Trump both with Tamir Sapir—strongly linked to Sater’s Bayrock—and by selling a Trump condo to a future member of Ukraine’s Party of Regions.  Kislin also supported Giuliani politically by raising several million in fundraising for him and served on important New York City bodies at the behest of Giuliani while he was mayor.  Giuliani had denied in 1999 knowing that the U.S. government considered Kislin a serious Russian mafia member or associate, but that claim is impossible for him to maintain in recent years, when he engaged Kislin to help in these Ukraine shenanigans. 

See, Kislin, too, is neck-deep in the current Ukraine drama.  In January 2018, Kislin tried to push then Amb. Yovanovitch to assist in helping to release millions in funds in a Cyprus shell company of which he was the current owner.  That company held part of some $1.5 billion Yanukovych had criminally looted from Ukraine.  His effort to unfreeze the funds had, strangely, earlier been blocked by Lutsenko, of whom Kislin alleged improper conduct.  This mirrors a similar effort from another Ukrainian oligarch with another Cyprus-based shell company holding some of Yanukovych’s ill-gotten fortune, an oligarch named Pavel Fuks (or Fuchs) who was also tied to Giuliani and one of several attempts to make a Trump Tower happen in Moscow.  Fuks, who was introduced to Trump by Tamir Sapir, was also more recently involved in helping Giuliani go after the Bidens.  The shell companies owned by Kislin and Fuks held $20 million and $160 million, respectively, primarily in government bonds Ukrainian authorities now say were issued illegally by Yanukovych’s government.  Kislin had purchased his company, Opalcore Limited, in November, 2016, the very month Donald Trump was elected president.  In what seems to be a shady scheme to take money that belongs to the Ukrainian people, Kislin claims he did not know that the assets were frozen when he bought Opalcoare and alleged procedural malpractice by Ukrainian government officials during the freezing process, hoping that claim would lead to them being unfrozen and requesting Yovanovitch get involved to this end.

But Kislin is also currently advising Giuliani on Ukraine, is meeting with Ukrainian government officials, and seems to even have been an informal emissary for Trump there on the Biden smear campaign while also agitating against Poroshenko as the former president, too, is under investigation there.  Kislin is now apparently also “good friends” with Andrii Artemenko (to quote Artemekno himself), with the two coordinating and exchanging information on some of these efforts.  Somehow, Artemenko is now living in Washington, DC, and is a regular guest on Kremlin-run television, offering negative takes on Ukraine’s current leaders and now also pushing for a probe into Hunter Biden.  It was reported in October that Kislin was in communication with the House investigators, who are interested in his Ukraine activity in relation to Giuliani’s efforts.

Amid all of this context of clear, overt political pressure on Ukraine from the Trump Administration, in the middle of October, Ukraine’s new prosecutor general announced that he was auditing one previous case concerning Burisma’s owner, Zlochevsky, and that Hunter Biden could be fair game even though neither Burisma nor Hunter were specific points of focus, noting that this audit was a part of a general audit of fifteen high-profile cases handled by the previous administration.  The shady General Prosecutor’s Office is in the midst of a massive overhaul the Zelensky Administration hopes will fix the corruption that made it untrustworthy in the eyes of Ukrainians and Westerners alike, taking away its investigative powers and shifting them to other departments.  Kasko has been restored and promoted to the number-two spot in the office, and the new top prosecutor, Ruslan Ryaboshapka, has a history of working for transparency.  Different departments are expected to take up several cases involving Manafort, but there is worry that much of the information on them and other cases will be lost in the transition.  Perhaps this is in part a shrewd move to stall any findings during a turbulent time in American politics that Ukraine’s new president fears could provoke serious retaliation from Trump should either bad things come out about Manafort or the Burisma probe yields no dirt, likely outcomes given what is known that could leave the country exposed to the rage of President Trump.

In the interest of full disclosure, Brian interned for Joe Biden from September-December, 2006.

This article is an excerpt from Brian’s eBook, A Song of Gas and Politics: How Ukraine Is at the Center of Trump-Russia, or, Ukrainegate: A “New” Phase in the Trump-Russia Saga Made from Recycled Materials, available for Amazon Kindle and Barnes & Noble Nook (preview here). Also be sure to check out Brian’s new podcast!

© 2019-2024 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

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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!