Exactly What Is Special Counselor Mueller Investigating?

This morning Cheryl did a post laying out what James Rosen thinks are the four tracks of Special Counsel Mueller’s investigation:

THERE ARE FOUR important tracks to follow in the Trump-Russia story. First, we must determine whether there is credible evidence for the underlying premise that Russia intervened in the 2016 election to help Trump win. Second, we must figure out whether Trump or people around him worked with the Russians to try to win the election. Next, we must scrutinize the evidence to understand whether Trump and his associates have sought to obstruct justice by impeding a federal investigation into whether Trump and Russia colluded. A fourth track concerns whether Republican leaders are now engaged in a criminal conspiracy to obstruct justice through their intense and ongoing efforts to discredit Mueller’s probe.

Cheryl provided appropriate caveats regarding Risen, his past reporting, and the editorial bias of The Intercept where he is now employed. Quite simply Risen is wrong. He is wrong because he fundamentally misunderstands what is actually going on with the Special Counsel’s oversight of a dual track counterintelligence and criminal investigation. There are actually five parts to what Special Counsel Mueller and his team are investigating. They are:

1) Russian interference in the election. This includes the hacking and phishing, the troll farms and the bots.  The Russian deployed human and signals and electronic intelligence. Basically the active measures and cyberwarfare campaign to influence the American electorate in order to prevent Hillary Clinton from being elected president and to ensure that Donald Trump was elected president. And, perhaps, suppressing enough of the vote by various means to ensure that the Democrats couldn’t flip the Senate and/or the House.

2) What, if any, connections exist between the Trump campaign, including surrogates, as well as other campaigns such as Jill Stein’s, and any other Americans and/or American organizations with the Russians to influence the American electorate in order to prevent Hillary Clinton from being elected president and to ensure that Donald Trump was elected president. And, perhaps, suppressing enough of the vote by various means to ensure that the Democrats couldn’t flip the Senate and/or the House.

3) Whether the President and/or others conspired to and/or actually tried to cover up the second item above in order to frustrate both the counterintelligence and criminal investigations.

4) The financial crimes investigation into the President’s, his children’s, his son in law’s, his son in law’s family’s, and many of the President’s associate’s (Felix Sater and Michael Cohen for instance) businesses that have been uncovered as a result of the counterintelligence and criminal investigations.

5) Any other criminality that is subsequently discovered as a result of the investigation.

These five investigatory parts are divided between the counterintelligence and criminal tracks to the investigation. And in the case of much of the counterintelligence portions, the fine line that Special Counsel Mueller and his team are walking is how to build criminal cases out of the counterintelligence investigation. Basically, they have to come up with appropriate evidence that can be used for a criminal prosecution that does not compromise American, allied, and partner nation sources and methods. What Special Counsel Mueller knows as a result of having full access to and oversight of the counterintelligence investigation versus what he thinks he can prove in a court of law are things we all have to wait to find out.

Finally, it is amazing just how well this has held up.

Open thread!



Friday Morning Open Thread: Happy Year of the Dog!


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Goddess knows we could use a reset. Today’s adorable Google Doodle combines the New Year animal and the Winter Olympics.

Incidentally, Dog years are not necessarily good ones for those born under the Dog star, per Quartz

In Chinese culture, it’s widely believed that people born under the same zodiac sign as the current year will face bad luck, believed to be cursed for offending the god of age. And Donald Trump, who was born 72 years ago during a “fire dog” year, is expected to see his share of challenges in the coming year of the dog, which begins on Feb. 18, three prominent Hong Kong feng shui masters tell Quartz…

All the masters are in agreement that Trump is heavily influenced by earth and fire elements, but they differ slightly in their outlook of how it will impact his coming year. Based on Trump’s birthday (June 14, 1946), they foresee relationship problems, policy failures, and possibly even being removed from office….

In general, those born on dog years will likely encounter challenging relationships at work in 2018, and Lee predicts Trump will see further upheaval in his staff, which could “affect the world.” He also suggested a power shift in the US this year, with Republicans losing ground in the midterm elections in November, and that Trump’s policies, such as his proposal to build a border wall, would fail…

Trump will continue to provoke the world, maybe even try to start a war, but because luck isn’t in his favor this year, “none of the bad plans he has will become the reality,” says Yeo Tin Ming.

Using I Ching, one of China’s most consulted books that’s believed to be the guide to everything, Yeo, who’s often featured as a feng shui expert on Hong Kong television, predicted health problems and accidents this year, especially from early October to early November. This will be a rough period for him, and “he might be removed from the office,” he adds….

One can but hope, she said piously. (I seem to recall at least one front pager was also born during a Dog year, but not the same dog year, so hopefully their luck will be better!)



Thoughts On Today’s Shooting

I’m just going to repost my post from 14 June 2017, the day that the Republican congressional softball practice was shot up, as it pretty much covers my take on these things.

I’ve done a technical post on mass shootings before. Specifically what simulations and simulated recreations can tell us in terms of potential outcomes. And as the author of the US Army report on Soldiers who commit mass shootings (authorized by the Office of the Provost Marshall General and US Army Corrections Command via my former office at USAWC), I’ll most likely have another technical post on the subject in a few days. And I’ve done numerous posts here on stochastic violence and terrorism – domestic, international, right wing extremist, religious, etc. And it is the stochastic element that I want to talk about right now.

As numerous others have referenced today there is a lot to unpack behind today’s events. Both the shooting targeting Republican members of Congress in Alexandria and the active shooter/mass shooting in San Francisco. And we’ve seen a variety of calls for comity and a reduction in heated and divisive political rhetoric and pointing of fingers as to who is responsible for what. I’m not linking to all of it as I don’t feel like going to dig up the different reporting, but we’ve seen it all day. All of it misses the point.

The real reason we see so much stochastic violence and terrorism in the US is because it is part of our foundational myths and ethos. We rightly, as a point of pride, celebrate our revolutionary success against the British. We turned the first verse of a hard to sing song based on a poem about a slightly obscure battle against the British in a subsequent war into our national anthem. And we have carried through the decades a mistaken belief that citizen militias, still often considered or referred to as the hallmark of American civic pride and engagement, were actually an effective force during the American revolution. As opposed to the actual professional army that General Washington required his aides and lieutenants create – two of whom weren’t even American, because the militia was absolutely useless for his needs in stopping the British forces.

We have a deep seated tradition of civic engagement that refers back to and is rooted in political violence. The first use of stand your ground as a defense was from the 1790s in Philadelphia. It was related to and rooted in this tradition. In this case a radical localist – an extreme, minority offshoot of the anti-Federalists –  member of a citizen militia decide to use his firearm in self defense while posting political handbills. His defense argument – that he had an enumerated right to self defense through using his firearm – was rejected by the court. The actual coverage of the event and trial from one of the local Philadelphia papers at the time is attached as a pdf at the bottom of the post.

The reason we have so much stochastic violence and terrorism is because we’re Americans. We have a civic inheritance that includes the justifications for it. Including that of the radical localist offshoot of the anti-Federalists that teach us that all government above the municipal level is always potentially tyrannical and the purpose of the armed citizen, as part of the citizen militia, is to provide a check on tyrannical government. We are the inheritors of a revolutionary state and society. And the inheritors of political traditions that are rooted in the revolutionary politics of the Founding – the Federalists, the anti-Federalists, and the radical localists. Each had different understandings and views of the citizen militia, of the proper role for an armed citizenry, but each were reflections of and responses to the revolutionary ethos that led to the split with Britain and the founding of the US.

And we have stochastic violence and terrorism because Americans just aren’t joiners. Despite Putnam’s argument in Bowling Alone, where he makes the mistake of understanding American social interactions solely through the forty to fifty year window between the end of WW II and the late 90s/early 00s, and ignores everything that came before the 1940s, Americans just don’t like to belong to groups. We self atomize. We don’t like to associate. And while modern technology has made it easier to form new associations, it also makes it easier to isolate ourselves into groups that are insular and insulating.

What happened today, and what will happen next week with the next mass shooting or terrorist attack or hate crime, isn’t an aberration. It is pure Americana. It is at our core of who we are as a people. If you spend enough time promoting the idea that one’s political opponents aren’t really even human or that the 2nd Amendment exists to prevent governmental tyranny, then you’re going to get what happened today in both Alexandria and San Francisco. It doesn’t matter if the people making the assertions were just being hyperbolic or really didn’t mean it. Nor does it matter if you were actually and only messaging to the people who you identify as your side. All that matters is that someone hears the message over and over and over again, internalizes it, and then acts on it.

What happened today has happened many times before in the US. The ideas and messaging that promote and produce it have a long lineage in the US. And it will all happen again. The saying that “G-d made man, Samuel Colt made all men equal” doesn’t just apply to people that look like you, vote like you, worship like you, and behave like you. And, as a result, you get what happened on both the east and west coast today.

And all of this is why you get this type of paradox. Senator Paul in June 2016:

Versus Senator Paul today as quoted by NBC:

“We’re just like normal people, I go to the grocery store like a normal person. I buy my groceries. I go to the gas station. We practice out there and we just … we live in a country where we hope there’s not such hatred or craziness and, I don’t know, disappointing, sad.”

Here’s the pdf:

Duane 1799 – Report of extraordinary transactions at Philadelphia (1)

Open thread!



Breaking News: Mass Shooter Apprehended After Shooting At Marjorie Stoneman Douglas High School

About an hour ago Marjorie Stoneman Douglas High School in Broward County, Florida went into lockdown. The reason was a reported shooter on site. The suspect, a white male, has now been apprehended.

From WSVN Channel 7 News:

PARKLAND, FLA. (WSVN) – The Broward Sheriff’s Office has confirmed they have a suspect in custody in connection to a shooting at Marjory Stoneman Douglas High School in Parkland that may have injured as many as 20 people.

 Margate Fire Rescue has deemed this a mass causality incident, which means at least 20 people have been injured.The Broward Sheriff’s Office sent out a tweet Wednesday, just before 3 p.m., calling this an “active shooter” situation.

The shooter was described as wearing a black hat, a maroon or burgundy colored shirt and black pants. He was last seen on the west side of a three story building on campus.

Authorities had identified a student as a person of interest, but they have yet to officially confirm the person’s identity.

A student, who was not identified, said he knows the shooter. “He’s been a troubled kid, and he’s always had a certain amount of issues going on. He shot guns because he felt it gave him, I guess, an exhilarating feeling.”

The student went on to say the suspect had shown him pictures of guns on his phone. “I stayed clear of him most of the time. My time in alternate school, I did not want to be with him at all because I didn’t want to cause any conflict with him because of the impression he gave off.”

The extent of injuries remain unknown.

MSNBC is also reporting that the shooter pulled the fire alarm to drive people into the hallways and increase the potential targets. It is unclear right now just how many people were injured or killed, though the local emergency responders were placed on MC (mass casualty) level 3, which means expect 20 or more casualties.

From NBC:

Authorities were responding to an active shooter at a Florida high school on Wednesday afternoon. The situation still was not secured, more than an hour after it began.

Sen. Bill Nelson, D-Fla., told MSNBC just before 4 p.m. that “there were a number of fatalities,” citing Broward County officials, and that the shooter was not in custody, although authorities believed they knew who he was.

“This is a really bad day,” Nelson said.

Earlier, the sheriff’s office tweeted that “there are reports of victims,” but did not say how many people were injured. Broward County Public Schools said on Twitter that the sound of gunfire broke out shortly before school was dismissed for the day, and that it received reports of “possible multiple injuries.”

The high school went on immediate lockdown, Parkland Mayor Christine Hunschofsky told NBC Miami. She did not have details on casualties or who the shooter was.

“It’s sad. It’s sad that these tragedies happen in our country,” she said. “Many of the students have been in touch with their parents. We have, many many parents out here.”

A parent of a student told the station that her son was hiding inside a closet at the school with classmates, and that teachers had told them not to leave the building.

https://twitter.com/realDonaldTrump/status/963878055969198080

As have Governor Scott:

And Senator Nelson and Senator Rubio:

This will, of course, be a fast moving information environment. Details are likely to change over the next 24 to 72 hours as they interrogate the suspect and more information is released to the news media.

Stay frosty!

Open thread.



Late Night Open Thread: Olympian Advice We Can *All* Get Behind

EAT MORE CHURROS!

And the guy in the Oval Office should definitely lead the way on that — don’t worry, even Taco Bell sells (what they call) churros now!

(Anybody piping up that a fat old guy with rage issues who never exercises shouldn’t be indulging in sugar-frosted fried dough deliciousness… shutupshutupshutup…)

Further, because branding is all-American, I hope for Ms. Kim’s sake that San Diablo Artisan Churros are delicious.

***********

Also Olympian, in a different sense:



The Devolution Of A Superpower & The End Of The American Century Part II: Levantine Edition

Earlier today MSNBC’s Ali Velshi interviewed Ronen Bergman, the Senior National Security Correspondent for Yedioth Ahronot. Bergman book on Israel’s assassination program has just been published, but the interview never actually got to the book. Rather, it was all about the Israeli Vs Syrian and Iranian fighting over the weekend. The discussion was illuminating, alarming, and discouraging (click across to see the video as it won’t embed).

Bergman is reporting that Israel was preparing a full scale operation against the Syrian military, the Iranian Quds Force, and Hezbullah on Saturday in response to the drone incursion and the downing of the IAF F-16I. The operation was called off when Prime Minister Netanyahu got an angry phone call from Russian President Vladimir Putin telling him to stand down as this operation would put Russian military assets and personnel in Syria at risk. Bergman’s conclusion is that the US has now ceded its role in the Middle East to Russia. And that Putin may not have the region’s well being, let alone stability in mind, as he pursues his own agenda. Bergman also reported that when the Israelis went to the US and asked for them to get involved the American responses were a combination of less than reassuring to non responsive. As a result the Israelis, specifically Netanyahu, have concluded that the US is now disinterested and not willing to be engaged at the national and regional strategic level. Therefore the Israelis will make their own determinations about what to do, when to do it, and how to do it without concern for what the US may or may not want.

Bergman’s reporting should be shocking. And not just to national security and foreign policy hawks. There is a legitimate discussion to be had about the US’s role in the world, or in specific regions of it, and how better to balance other states involvement in the 21st Century global system. Essentially a long overdue discussion about what the global system should be, how it should be organized, who should guarantee a basic level of security within it, and who should be the rule maker or rule makers, as the post World War II and post Cold War international orders break down and need to be replaced. These discussions require intelligence, forethought and foresight, nuance, reason, the ability to negotiate in good faith and communicate across cultures to balance competing interests. From long established powers like the US to emerging powers like China to smaller, but regionally significant powers.

What Bergman describes as happening in the Middle East, as well as in other parts of the world, is not this. Rather it is simply an abandonment, a discarding with little to no thought, let alone apparent planning, for what comes next. This is not a recipe for success. It is a recipe for failure. It is a recipe for upheaval, discord, and ultimately more war, more death, and more destruction. It is both the devolution and the dissolution of a superpower as that superpower, the US, abrogates and abandons the responsibilities it has assumed over the past 70 years and the end of the American Century. This is not the result of being eclipsed by the next, rising hegemon. It is not the result of natural disaster or economic collapse. It is solely the result of a President that has no clear strategy or policy beyond “I will be treated fairly or else”. This is the true Trump Doctrine: I will be treated fairly or else. And only I, President Trump, can ensure that America will be treated fairly or else. Unfortunately for the US, for its allies, its partners, for the people that depend on it, Russia, China, Iran, the DPRK, and a whole host of other state and non-state actors don’t really care if the President or the US is treated fairly. And increasingly they don’t seem to be worrying too much about the or else.

Open thread.



The Limits of Dissent: Here’s A Hint, This Crosses the Line

Whichever knucklehead decided this was a good way to demonstrate their displeasure with the President, his administration, his business, his family that runs his business, and/or all of the above: You’re NOT helping!!!!!!

NEW YORK (Reuters) – Vanessa Trump, the wife of Donald Trump Jr., and two other people were taken to a New York hospital on Monday after she opened a piece of mail containing an unidentified white powder that was later determined to be non-hazardous, officials said.

“The substance had arrived by mail and it was addressed to Donald Trump Jr.,” said New York Police Department spokesman Carlos Nieves.

Vanessa Trump, the daughter-in-law of U.S. President Donald Trump, was hospitalized after she complained of nausea following her exposure, New York officials said.

Three patients from the household were transported to the NewYork-Presbyterian/Weill Cornell Medical Center for further evaluation, said Fire Department spokeswoman Sophia Kim.

The three also included Vanessa Trump’s mother, though she had not complained of symptoms, the police spokesman said.

U.S. authorities have been on alert for mail with white powder in it since 2001, when envelopes laced with anthrax were sent to media outlets and U.S. lawmakers, killing five people.

This isn’t helping when it is sent to politicians of either party or to elites and notables. This doesn’t make the statement that the sender disagrees with policy, strategy, a political or social or religious or economic stance. It does make the statement that the sender is unhinged. And it makes it even harder for legitimate dissent and disagreement to be registered because the usual suspects will jump all over this, politicize it thoroughly, and then use it to denigrate those with legitimate disagreements who express them through legitimate means. When they track whoever did this down we’re likely to see what we usually see in these instances: someone loosely connected to both society (high level of anomie/strain) and loosely connected to reality. Someone who may have a legitimate grievance, or may believe they do (subjective grievance), but who has no ability to think through the ramifications and repercussions of their actions.

As is often the case when this type of issue comes up, the last word belongs to 18 U.S. Code § 2331:

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.

Stay frosty!

Open thread.