You might not realize it but a Russian company accused of financing an attack on American democracy is trying to use the U.S. court system to make a mockery of Special Counsel Robert Mueller’s investigation.
The company is Concord Management and Consulting LLC. The Russian company, owned by one of Putin’s cronies, stands accused of bankrolling the operations of the St. Petersburg-based Internet troll farm that bombarded Americans with divisive content on social media during the 2016 election.
Not only has Concord Management pleaded not guilty to what it calls “a make-believe crime” — conspiracy to defraud the United States — it has battled to gain access to Mueller’s sensitive investigative files.
No doubt it would be interesting to Concord and its Russian masters how Mueller was able to obtain such detailed and devastating information.
I was wondering what sort of attorney would represent a company like Concord Management.
The answer, it turns out, is a bad one.
His name is Eric A. Dubelier and he has somehow managed to reach the rank of partner at the firm Reed Smith LLP despite repeatedly embarrassing himself and his firm in court.
His legal filings in the case quoted Flounder (!) from the film Animal House. In open court, he pointed his finger at Jeannie Rhee, one of Mueller’s prosecutors, and said her claim that he had hung up on her in a phone call was “bullshit.”
Judge Dabney Friedrich called Dubelier’s actions “unprofessional, inappropriate, and ineffective.”
This is what is known in the legal profession as a “benchslap.”
Sure, it stings. Most attorneys just take it.
Not Dubelier. His response was a legal filing one observer described as “breathtakingly petulant:”
Perhaps more importantly however, the Court did not consider the fact that while the mainstream media has largely ignored Defendant’s pending motions, when the word “Judge” appears before a person’s name, this political adornment suggests to the public that there now is some higher level of wisdom than among the mere mortal lawyers in the case, and as such, every single mainstream media organization repeated the Court’s words as gospel.
How dare the media quote the judge!
But there’s more.
The direct consequence was swift and clear; that is, undersigned counsel have received overnight and continuing today a flow of hatred in the form of voicemail and electronic mail from self-proclaimed patriots containing threats, intimidation, and the desire that both undersigned counsel promptly die. One communication specified that the cause of death for [co-counsel Katherine] Seikaly should be by fire. Apparently some of these brave self-proclaimed patriots were whipped into their frenzy by a cable television entertainer unknown to undersigned counsel named Rachel Maddow who devoted a significant portion of her variety program to the words spoken by the Court yesterday. So while counsel’s words used in advocacy can hurt, the words of a Judge can have devastating consequences.
Dubelier’s humiliation is palpable. Which is surprising. It’s not the first time he’s been benchslapped.
Justice Ruth Bader Ginsburg also benchslapped Dubelier in her 2011 dissent in the case of Connick v. Thompson.
This case involved an infamous episode of prosecutorial misconduct in the death penalty case of John Thompson. (Thompson spent 14 years on Louisiana Death Row until an investigation found blood evidence that would have exonerated him was withheld from the defense. Dubelier was the special prosecutor on the case.)
Here’s RBG’s benchslap of Dubelier:
On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course.
Translation: Just because Eric Dubelier has a law degree doesn’t mean he knows the law.
The Brady rule RBG is talking about is the 1963 Supreme Court case of Brady v Maryland. Ever since that ruling, prosecutors have had to share with defense attorneys any evidence that might help exonerate a defendant.
Dubelier, questioned under oath, could not articulate the Brady rule, according to a Slate article on the Thompson case.
Dubelier’s alma mater, Tulane University, bears some of the blame here. Dubelier spent the better part of a decade at Tulane, leaving a bachelor’s degree (with honors), an MBA, and finally, in 1984, a law degree.
A year out of law school, Dubelier, working for the New Orleans district attorney’s office, embarrassed himself before Judge Oser in a high-profile point-shaving case against a former Tulane basketball star, John “Hot Rod” Williams.
That’s another violation of the same Brady obligations Justice RBG referenced earlier.
Judge Oser reversed himself and, later, dismissed the case again saying Dubelier had deliberately concealed Brady material from the defense. Williams was acquitted in a retrial.
Despite his disastrous performance in the Hot Rod Williams case, Dubelier remained a close assistant to New Orleans District Attorney Harry Connick Sr. (the father of singer Harry Connick Jr.). It didn’t hurt that Dubelier was briefly married to Connick’s niece.
After New Orleans, Dubelier spent more than a decade as a prosecutor the U.S. Attorney’s office, first in Miami and later in Washington, D.C. In his defense, he seems to have performed his duties without any more national embarrassments. One of the individuals he prosecuted was Francisco Martin Duran on charges of trying to assassinate President Clinton.
He left what now refers to as “the real Justice Department” in 1998 to join Reed Smith. One of his clients at Reed Smith was the widow of Andrew Breitbart, the founder of Breitbart News, which is interesting given his current representation of the (alleged) financier of the Russian troll farm.
As for the Concord case, the troll farm lawyer got his revenge on the press when he trolled reporters with another filing that made a cryptic reference to a nude selfie in Mueller’s possession.
The Trump/Russia scandal has filled our heads with a lot of intelligence jargon. Unwitting asset. Agent. Active measures. But what do these words actually mean?
Someone pointed me to the CIA’s own Glossary of Intelligence Terms, created in 1989. Granted it’s a bit outdated, but it’s also quite helpful. (I am indebted to The Black Vault, an online repository of declassified documents for the glossary.)
Here’s how the CIA defines active measures:
Active measures: A literal translation of a Russian phrase that is used to describe overt and covert techniques and intelligence operations designed to advance Soviet foreign policy objectives and to influence events in foreign countries by altering people’s perceptions. Active measures should not be confused with legitimate diplomatic activities.
We often hear Trump described as a possible asset, unwitting or otherwise, of Russia. But according to the CIA’s glossary this isn’t the right use of the word.
Agent (1) A person who engages in clandestine intelligence activity under the direction of an intelligence organization but who is not an officer, employee, or co-opted worker of that organization. (2) An individual who acts under the direction of an intelligence agency or security service to obtain, or assist in obtaining, information for intelligence or counterintelligence purposes. (3) One who is authorized or instructed to obtain or to assist in obtaining information for intelligence or counterintelligence purposes.
A better word is asset.
Asset: (1) Any resource — a person, group, relationship, instrument installation, supply — at the disposition of an intelligence agency for use in an operational or support role. (2) A person who contributes to a clandestine mission but is not a fully controlled agent. (Also see intelligence asset, national intelligence asset, and tactical intelligence asset.)
We recently learned that the FBI had opened a counterintelligence investigation into Trump after his firing of James Comey. Here’s how the CIA defines it.
Counterintelligence: Information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, persons, or terrorist activities, but not including personnel, physical, document, or communications security programs. (Also see foreign counterintelligence, security countermeasures, and technical surveillance countermeasures.)
It’s interesting to view propaganda from an intelligence perspective.
Propaganda: Any form of communication in support of national objectives designed to influence the opinions, emotions, attitudes, or behavior of any group in order to benefit the sponsor, either directly or indirectly.
The dossier compiled by former MI6 agent Christopher Steele is often described as raw intelligence.
Raw intelligence: A colloquial term meaning collected intelligence information that has not yet been converted into finished intelligence. (Also see intelligence information.)
That takes us to another definition.
Finished intelligence: (1) The product resulting from the collection, processing, integration, analysis, evaluation, and interpretation of available information concerning foreign countries or areas. (2) The final result of the production step of the intelligence cycle; the intelligence product. (Also see intelligence cycle and end product.)
Let me know if this is helpful or there are any other terms you’d like to see explained.
Back-to-back newspaper stories have brought up the central question that motivated me when I began this blog two years ago: Is the president of the United States an agent of a foreign power?
First came the blockbuster January 11th story in The New York Times revealing that the FBI grew so concerned about the president’s behavior after his dismissal of FBI Director James Comey that they began an extraordinary investigation into whether the president was working on behalf of Russia against American interests.
That was followed by a report in The Washington Post about the “extraordinary” measures the president has taken to hide the details of his conversations with Russian President Vladimir Putin. Trump reportedly grabbed the notes of his own interpreter and instructed the linguist not to tell other administration officials what he had discussed with the Russian leader.
The common thread in both of these extraordinary stories is what a criminal investigator might call Trump’s “consciousness of guilt.” The president is behaving as though he has something to hide when it comes to Russia and is acting to cover up a crime.
The president fired James Comey because his agents were investigating the president’s ties to Russia, as he told NBC’s Lester Holt. An early draft of Comey’s dismissal letter also referenced Russia. And why would Trump keep the details of his conversations with Putin secret from his own administration unless he had something to hide?
Last evening, Fox News host Jeanine Pirro put this remarkable question to the president when he called in to her show: “Are you now or have you ever worked for Russia, Mr. President?”
Trump’s answer is a “non-denial denial” — something that sounds like a denial but isn’t. Missing from this answer is the word “No.”
“It’s the most insulting thing I’ve ever been asked” goes in the pantheon of other famous non-answers like Nixon’s “I am not a crook” Mark McGwire’s “I’m not here to talk about the past” and Clinton’s “I did not have sexual relations with that woman.”
Here’s the thing about espionage: Trump can be an asset of Russia and still believe he’s not. In spy terms, this would make him an unwitting
agent asset — someone who is unaware that he or she is being exploited by an intelligence operative as a means of attack by an adversary. It’s like a chess piece that thinks it’s moving around on the board as it wishes, unaware it is being guided by an unseen hand.
Putin, after all, is a master manipulator, who spent 16 years in the KGB “studying studying the minds of the targets, finding their vulnerabilities, and figuring out how to use them,” as Fiona Hill, senior director for Russian and European Affairs on Trump’s National Security Council wrote in her aptly titled book Mr. Putin: Operative in the Kremlin. (Hill, not surprisingly, was one of the ones kept in the dark about Trump’s conversations with Putin.)
Trump’s enormously fragile ego make him ripe for exploitation. You get a glimpse of how this works in a Washington Post story about phone conversations between Trump and Putin.
The Russian president complains to Trump about “fake news” and laments that the U.S. foreign policy establishment — the “deep state,” in Putin’s words — is conspiring against them, the first senior U.S. official said.
“It’s not us,” Putin has told Trump, the official summarized. “It’s the subordinates fighting against our friendship.”
We also see it in a photo op at the 2017 G20 Summit in Hamburg, Germany. ,
… the Russian president leaned in to Mr. Trump, gestured to the journalists in the room, and asked: “These are the ones insulting you?”
“These are the ones. You’re right about that,” Mr. Trump responded.
What we don’t see or hear are the conversations taking place where Trump is getting fed actual Kremlin talking points. Since Trump doesn’t read and doesn’t study history how did he come to believe that the Soviets invaded Afghanistan to fight terrorism or that Montenegro was going to start World War III?
Let’s not forget all the president’s policies that support Russia’s interests and undermine America’s: his attacks on NATO, his abrupt decision to withdraw troops from Syria, and his inability to protect the United States from a repeat of Russia’s 2016 attack on our democracy. If Putin had given Trump a checklist of items he wanted take care of, the end result wouldn’t look much different.
It is difficult to avoid the conclusion that the president of the United States, most likely without realizing it, is acting as an asset of a foreign power.
It may have taken most people a long time to come around to this ugly reality (if they’ve come around at all) but it’s been plain as day to intelligence officials ever since the presidential campaign.
“In the intelligence business, we would say that Mr. Putin had recruited Mr. Trump as an unwitting agent of the Russian Federation,” Michael Morrell, former acting director of the CIA, wrote an op-ed in The New York Times in August 2016.
James Clapper, the former director of national intelligence, said the same thing when he pointed out how Putin’s dealings with the president showed what a great case officer the Russian president was.
The back-to-back explosive stories over the weekend are another signal flare being sent up from inside the Trump administration. The stories, which both involved events in 2017, may have been meant to invite a congressional subpoena to the FBI agents or Trump’s translator. With the Democrats in control of the House, they may get their chance.
Victor Boyarkin, a close aide to the sanctioned oligarch Oleg Deripaska, is getting some unwanted attention these days.
“How did you find me here?” Boyarkin asked a TIME magazine reporter who managed to track him down at a conference in Greece.
Boyarkin, reportedly a former colonel in the GRU, is part of the constellation of intelligence officers employed by Deripaska that help him maintain his proximity to the Kremlin’s inner circle.
TIME had questions for Boyarkin about Paul Manafort, Trump’s former campaign chairman. References to Boyarkin (“Victor” and “our friend V”) were sprinkled in emails to Manafort during the 2016 presidential campaign.
“Tell V boss that if he needs private briefings we can accommodate,” Manafort wrote to his associate, Konstantin Kliminik.
Boyarkin told TIME he was talking to Manafort during the presidential campaign to collect on a debt. “He owed us a lot of money,” Boyarkin said. “And he was offering ways to pay it back.”
The fact that Trump’s campaign chairman was in debt to someone like Deripaska and being hounded for money by someone like Boyarkin shows, yet again, how deeply unqualified Trump was to be president. Trump’s best defense is that he didn’t know about any of this. The much darker, worst-case scenario is that he chose Manafort precisely because he had these sorts of connections to Russia.
Boyarkin headed up “special operations” for Deripaska, according to the Paris-based newsletter Intelligence Online. This work took him to the African country of Guinea where Rusal, Deripaska’s Russian giant aluminum concern, had a plant that was shuttered by a strike. But lately, Boyarkin’s “special projects” have involved the Trump administration.
According to Intelligence Online, Boyarkin recently returned to Deripaska’s inner circle to deal with the sanctions imposed in April 2018 by the Treasury Department on Deripaska and his companies. (Exactly what role he played isn’t clear.) Lord Barker of Battle, the chairman of Deripaska’s London-listed holding company, En+, paid the DC lobbying firm $108,500-a-month, Mercury Group, to lobby for sanctions relief.
It was money well spent. Ever since those tough sanctions were imposed on Deripaska, the Trump administration has been looking for ways to soften the blow, as I wrote for The New York Times. The Treasury recently said it intends to lift the sanctions on Deripaska’s companies in what seems like a sweetheart deal.
Boyarkin was himself sanctioned by the U.S. Treasury earlier this month “for having acted or purported to act for or on behalf of, directly or indirectly, Oleg Deripaska.” Notably, The Senate intelligence committee said the sanctions on Boyarkin “will help counter some of Russia’s malign influence efforts, and is a welcome step.” It seems the sanctions on Boyarkin appear to be part of the deal to lift the sanctions on his boss.
According to the U.S. Treasury, Boyarkin and Deripaska were both involved in providing Russian financial support to a Montenegrin political party ahead of Montenegro’s 2016 elections. A decade earlier, Manafort worked for Deripaska in Montenegro to manage a referendum campaign that ended with the country declaring its independence.
Boyarkin is a former colonel in the GRU, according to the British newspaper, The Telegraph. (Other sources describe him as a lieutenant colonel.) Boyarkin’s name shows up in the U.S. diplomatic list from the 1990s when he was posted to Washington as a Russian naval attache, often a cover for intelligence officers.
Have we learned all there is to know about Deripaska’s ties to the Trump administration?
I doubt it.
Earlier this week, the Senate intelligence committee released a pair of reports analyzing the social media output of the Internet Research Agency, the Russian outfit that masqueraded as Americans as it pumped out millions of social media posts aimed at dividing the United States and helping elect Trump,
The New York Times’ front-page coverage of these reports focused on how the IRA tried to influence the black vote, with critics calling that paternalistic. The lead author of one of the studies wrote that her report showed the need for a broad effort to combat disinformation.
After reading these reports, what struck me was something else. I was blown away by the sophistication of the IRA’s efforts, which, the reports showed, had a broader reach than previously understood.
To borrow a line from Washington Post columnist David Ignatius, let’s stop calling what the Russians did meddling. This was not merely the work of some amateurs in what’s often called the “St. Petersburg troll factory.” This outfit had the hallmarks of a professional intelligence operation.
(In my book, Trump/Russia, I’ve written about how the IRA tactics are a modern twist on an old spy game that dates back to the WWII Morale Operations Branch of the Office of Special Services, the predecessor to the CIA.)
Exhibit A is a startling and previously unreported tactic employed by the IRA: Recruiting human assets.
One of the IRA’s more popular Facebook pages was a fake Christian group called “Army of Jesus.” This site offered free counseling to people with sexual addiction.
As one of the Senate-commissioned reports notes, “Recruiting an asset by exploiting a personal vulnerability – usually a secret that would inspire shame or cause personal or financial harm if exposed – is a timeless espionage practice.” People did respond to these posts, although it’s not known how effective these and other campaigns were.
A revealing side note: the “Army of Jesus” Facebook site that offered free sexual addiction counseling originally started as a Kermit the Frog account, then switched to The Simpsons before turning to Jesus.
Other IRA outreach efforts included offering free self-defense classes. Meetup.com was used to organize black self-defense classes for the Fit Black/Black Fist IRA accounts.
The authors of the report “The Tactics & Tropes of the Internet Research Agency” deliver a strong warning about the future of source recruitment via the Internet:
This tactic will be increasingly common as platforms make it more difficult to grow pages and buy ads with fake personas. It will be extremely difficult to detect. The number of organic posts that reveal attempts to engage with Americans reinforces our conviction that influence operations areNewKnowldge, “The Tactics & Tropes of the Internet Research Agency”
unlikely to be managed without information sharing between the public and private sector.
It also turns out that the IRA was involved in selling merchandise. Some of the merchandise was aimed at building audience, particularly in the accounts targeting the black community. The IRA also sold LGBT-positive sex toys (!)
In addition to a source of revenue, merchandise sales allowed the IRA to gather personal information: names, addresses, email address and phone numbers, as well as credit card information. Once again, this has an espionage application for source recruitment.
Finally, the most frightening thing is that this work continues. IRA accounts remain active. Russia continues meddling in the recent U.S. midterm elections, as members of the Trump administration have conceded.
Make no mistake: The Trump administration could easily stop this activity if it wanted to. It could take steps that really make Russia nervous like sanctioning its debt or banning its banks from any activity in the United States. But Trump won’t do that.
The question is why not?