Tuesday, May 9, 2017

Talking Points Memo: What About the Other Calls?

By Josh Marshall:

Trump and Flynn received repeated security briefings during the final months of the campaign. Reports indicate that they received at least broad accounts of Russian hacking targeting Hillary Clinton. Seemingly during this period Flynn was also conducting backchannel communications with Russia’s ambassador to the US. (What the Times said specifically was that they dated back prior to the US election on November 8th. Conceivably, given the vagueness of the sentence, they started on November 6th. But the Times sources certainly seem to be suggesting something that began considerably earlier.)

Did the subject of the hacking come up in those conversations with Kislyak?

Another question comes up. There were numerous instance during the campaign in which discredited and clearly false Russian propaganda ended up in statements or interviews from top Trump campaign leaders, including but not limited to Flynn. A number came from Manafort too.

At the time I thought it was most likely that they picked these up through alt-right Twitter streams and Breitbart, both of which were ready channels for Russian propaganda from sources like RT and Sputniknews. If that was what you were immersed in you’d likely hear these fake stories reported as news. I still think that’s the most likely explanation. But perhaps it’s not the only one.

When we look at the big picture, these pre-election back channel communications seem considerably more significant than the post-election ones.

The Full Story (February 10, 2017)

Washington Post: Jared Kushner Proves to be a Shadow Diplomat on U.S.-Mexico Talks

By Philip Rucker, Ashley Parker and Joshua Partlow:

Although Kushner, 36, has no traditional foreign policy experience, he has become the primary point of contact for presidents, ministers and ambassadors from more than two dozen countries, helping lay the groundwork for agreements, according to U.S. and foreign officials with knowledge of the contacts. He has had extensive talks with many of these diplomats, including in Europe, the Middle East and the Asia-Pacific region, the officials said.

Kushner’s back-channel communications with Mexico — the full extent of which has not been previously reported — reveal him to be almost a shadow secretary of state, operating outside the boundaries of the State Department or the National Security Council.

Videgaray had come to the White House on Jan. 25 for a full day of private meetings, but it was Kushner who gave him a heads-up that Trump would deliver a speech that afternoon at the Department of Homeland Security where he would sign an executive order on his signature border wall.

And it was Kushner who led Videgaray into the Oval Office for an unscheduled audience with the president, where together they made their case to Trump for a more measured discussion of Mexico.

The president agreed.

The Full Story (February 9, 2017)

Monday, May 8, 2017

New York: Kellyanne Conway’s Endorsement of Ivanka Products Apparently Violates Federal Law

By Jonathan Chait:

President Trump has been obliterating existing norms about using his office for personal enrichment. “Norms” is the key word — federal law strictly regulates conflicts of interest of every federal employee except the president, who is assumed (or was assumed, before Trump came along) to refrain from using his office for personal gain. In their few weeks in office, Trump’s staff have apparently gotten comfortable enough with the arrangement that they are now routinely blending their roles as spokespeople for Trump the president and Trump the brand. Kellyanne Conway used an interview from the White House this morning to officially endorse the Ivanka Trump product line.

* * *

Update: The Washington Post adds more reporting, confirming that Conway appears to have clearly violated federal ethics laws. While the violation seems undisputable, enforcement is typically handled by the employee’s federal agency: “Enforcement measures are largely left to the head of the federal agency — in Conway’s case, the White House,” reports the Post, “One lawyer said a typical executive-branch employee who violated the rule could face significant disciplinary action, including a multi-day suspension and loss of pay.”

Talking Points Memo: How Did Sebastian Gorka Go From The Anti-Muslim Fringe To White House Aide?

By Allegra Kirkland:

While Gorka, a former Breitbart News national security editor and fixture on Fox News, published the New York Times bestseller “Defeating Jihad: The Winnable War,” held various positions at military educational institutions and even testified before the House Armed Services Committee on the threat of “global jihadism,” he was little-known in mainstream D.C. circles before the 2016 election year.

* * *

Omid Safi, director of Islamic Studies at Duke University, was much more biting in his assessment, labeling Gorka’s book “propaganda.”

“He opines on everything from the Koran to Mohamad to jihad to Islamic history to contemporary politics but does so in a way that is inaccurate, sloppy, superficial, bigoted and ideological,” Safi said.

Gorka’s resume details a long list of short-term professorships and work for small conservative think tanks, several of which he founded with his wife, Katharine, a national security analyst who served on Trump’s Department of Homeland Security landing team. The people TPM spoke with who work on counterterrorism issues said they weren’t familiar with those Gorka-founded organizations, including Threat Knowledge Group, a consulting firm that claimed to provide strategic advice to the FBI, Army and Office of the Director of National Intelligence.

Threat Knowledge Group’s website, like Gorka’s own, has been taken offline since he joined the administration in late January.

Since joining the Trump White House, Gorka has swiftly become the public face of Trump’s foreign policy, making dozens of radio and cable appearances to tout the President’s focus on defeating “radical Islam” via an executive order on immigration. A White House spokeswoman on Wednesday declined to respond to TPM’s request for comment on how experts characterized Gorka’s past work and what his role as deputy assistant to Trump entails.

Gorka’s name and views appear to have a higher profile among experts on Islamophobia than in the counterterrorism community.

Washington Post: National Security Adviser Flynn Discussed Sanctions with Russian Ambassador, Despite Denials, Officials Say

By Greg Miller, Adam Entous and Ellen Nakashima:

National security adviser Michael Flynn privately discussed U.S. sanctions against Russia with that country’s ambassador to the United States during the month before President Trump took office, contrary to public assertions by Trump officials, current and former U.S. officials said.

Flynn’s communications with Russian Ambassador Sergey Kislyak were interpreted by some senior U.S. officials as an inappropriate and potentially illegal signal to the Kremlin that it could expect a reprieve from sanctions that were being imposed by the Obama administration in late December to punish Russia for its alleged interference in the 2016 election.

Flynn on Wednesday denied that he had discussed sanctions with Kislyak. Asked in an interview whether he had ever done so, he twice said, “No.”

On Thursday, Flynn, through his spokesman, backed away from the denial. The spokesman said Flynn “indicated that while he had no recollection of discussing sanctions, he couldn’t be certain that the topic never came up.”

Officials said this week that the FBI is continuing to examine Flynn’s communications with Kislyak. Several officials emphasized that while sanctions were discussed, they did not see evidence that Flynn had an intent to convey an explicit promise to take action after the inauguration.

The Full Story (February 9, 2017)

New York Times: Flynn Is Said to Have Talked to Russians About Sanctions Before Trump Took Office

By Matthew Rosenberg and Matt Apuzzo:

Weeks before President Trump’s inauguration, his national security adviser, Michael T. Flynn, discussed American sanctions against Russia, as well as areas of possible cooperation, with that country’s ambassador to the United States, according to current and former American officials.

Throughout the discussions, the message Mr. Flynn conveyed to the ambassador, Sergey I. Kislyak — that the Obama administration was Moscow’s adversary and that relations with Russia would change under Mr. Trump — was unambiguous and highly inappropriate, the officials said.

The accounts of the conversations raise the prospect that Mr. Flynn violated a law against private citizens’ engaging in diplomacy, and directly contradict statements made by Trump advisers. They have said that Mr. Flynn spoke to Mr. Kislyak a few days after Christmas merely to arrange a phone call between President Vladimir V. Putin of Russia and Mr. Trump after the inauguration.

But current and former American officials said that conversation — which took place the day before the Obama administration imposed sanctions on Russia over accusations that it used cyberattacks to help sway the election in Mr. Trump’s favor — ranged far beyond the logistics of a post-inauguration phone call. And they said it was only one in a series of contacts between the two men that began before the election and also included talk of cooperating in the fight against the Islamic State, along with other issues.

The Full Story (February 9, 2017)

Monday, May 1, 2017

Politico: Saudis Foot Tab at Trump Hotel

By Isaac Arnsdorf:

A lobbying firm working for Saudi Arabia paid for a room at Donald Trump’s Washington hotel after Inauguration Day, marking the first publicly known payment on behalf of a foreign government to a Trump property since he became president.

Qorvis MSLGroup, a communications firm that lobbies for the Saudis, has been organizing veterans and other activists to come to Washington to urge Congress to repeal the law letting 9/11 victims’ families sue the kingdom. Between 20 and 40 veterans, with the assistance of the advocacy group NMLB, stayed at the Trump International Hotel on Pennsylvania Avenue in December and January.

One of those veterans checked in on Jan. 23 and left on Jan. 26 at a rate of $250 to $325 a night plus tax, according to NMLB president Jason Johns. The bill was paid by Michael Gibson, a subcontractor to Qorvis representing the Saudis, according to disclosures filed with the Justice Department.

The Emoluments Clause of the Constitution prohibits U.S. officials from receiving payments from foreign governments. Lawyers started warning about the potential for violations at Trump’s Washington hotel and overseas properties after he won the election, but the clause didn’t start applying to Trump until he took office on Jan. 20.

The Jan. 23-26 hotel stay paid by the Saudis raises questions about whether it represents a violation of the foreign emoluments clause.

“The problem with Donald Trump’s constitutionally forbidden foreign government cash and other benefits is not just that any one particular payment is problematic — it’s also a systemic problem,” said Norm Eisen, who was President Barack Obama’s ethics czar and is now part of a lawsuit accusing Trump of violation the Emoluments Clause. “It’s another tile in the mosaic of unconstitutional behavior.”

While the payment passed through several hands, it doesn’t change the fact that it’s ultimately Saudi money, Eisen said. Lobbying firms typically bill expenses to their client.