A Slew of Indictments in Russiagate

On Friday, February 16, 2018, Special Counsel Robert Mueller filed an indictment formally accusing 13 Russian nationals and 3 companies of interfering in the 2016 Election. According to a 37-page document he released, Russian operatives working for the St. Petersburg-based Internet Research Agency used several social media accounts on Facebook, Twitter, and Instagram. Some accounts included ones like “Woke Blacks” and “Blacktivists” to urge Americans to either vote for third party candidates or sit out of the election entirely. This indictment illustrates the lengths a Russian troll farm went to inflame racial tensions through operating several social accounts intended to discourage African Americans from voting in the election. In accounts targeting Trump supporters, operatives reputedly stoked voter fraud fears with already debunked claims in the lead-up to the presidential election. Such claims included an allegation that ineligible votes helped Democratic candidate Hillary Clinton in the Florida primary and that she stole the Iowa Caucus. As Vox’s Jennifer Williams explains, these indictments serves as the “federal government’s most detailed public description of just how far some Russians were willing to go to help Trump win the presidency — and of the kinds of tactics they could use to meddle in this fall’s midterm elections as well.”

The indictment also explicitly states that the Russians were posing as Americans while communicating with “unwitting” Trump campaign members. Thus, so far, we can’t determine that anyone in the Trump campaign knowingly colluded with the Russians indicted. Nor can we say that the Russian government or Vladimir Putin directed, funded, or carried out this operation. Nor does it say the interference had any effect on the 2016 Election. In a way, the of evidence pertaining to Russian collusion bolsters core arguments Donald Trump and his cronies have made for months denying any Russian collusion or meddling during 2016.

Nevertheless, the indictment doesn’t necessarily clear Donald Trump from any Russian shenanigans whatsoever. For it outlines a vast conspiracy by Russian operatives to help Trump win the election, involving thousands of fake social media accounts and numerous staged pro-Trump rallies in multiple states across the country. In fact, the document’s sheer magnitude and acute attention to detail of the 13 Russians and 3 companies indicted shows just how much investigative muscle the Mueller probe really has. So if there’s anything to find on Trump and his associates, Mueller can do it.

Unfortunately, none of the 13 Russians and 3 companies will probably never see an American courtroom. But the indictment will stand so far as the federal government’s most detailed public description of just how far some Russians were willing to go to help Donald Trump win the presidency. In addition, it shows the kinds of tactics they could use to meddle in this fall’s midterm elections as well. Robert Mueller’s 13 Russian indictments makes it difficult to deny Russian involvement in our election even if Donald Trump and his allies will still deny collusion. To be found guilty of collusion or conspiracy to interfere in our elections requires “knowledge” and “intent.” So the term “unwittingly” lets Trump and his cronies off the hook for now. However, the indictment makes it much more difficult for Trump to fire Mueller or Deputy Attorney General Rod Rosenstein without risking another nail in any “obstruction of justice” charge. Besides, the indictment pretty much shows that these Russians wanted to get Trump elected from the very start as well as worked hard to get him elected. And it indicates that people close to Trump might’ve assisted in the process. Given the polarized political environment, Mueller has good reasons to avoid contentious allegations now. Yet, that didn’t prevent him from unsealing a guilty plea by a “witting” American co-conspirator on the same day. So there’s more behind this Russian indictment than an innocent mistake.

To complicate matters further, on Monday, February 19, 2018, Robert Mueller released an indictment targeting Alex van der Zwaan, a Dutch attorney based in London, for lying to the FBI. van der Zwaan’s connection to the Russian case runs through former deputy Trump campaign chair Rick Gates who Mueller indicted in October on charges of money laundering and illegal lobbying. Though you wouldn’t know much about that since his boss Paul Manafort was indicted on the same thing. Despite that the connection mainly deals with an internal Ukranian political dispute from more than a decade ago, it nonetheless state some interesting things about the Russian investigation.

In the early 2010s, van der Zwaan worked in the London office of the corporate law firm Skadden Arps, while his worked focused on the former Soviet Union. At the same time, Manafort and Gates were working for Ukranian President Viktor Yanukovych, a Kremlin-backed leader with dubious democratic credentials. He was in a power struggle with another prominent Ukranian politician, which he decided to solve by jailing her in the fall of 2011. Manafort and Gates’s job was to run cover for this clearly undemocratic prosecution. So they retained a team from Skadden Arps which included van der Zwaan to create a “report” conveniently concluding that there was no political motive for locking her up (except there was). Unsurprisingly, this was a huge deal in Ukraine but obscure everywhere else. Manafort and Gates continued to work for Yanukovych until the spring of 2016. van der Zwaan moved on to other things like marrying Ukranian-Russian billionaire’s daughter last summer.

But the van der Zwaan honeymoon wouldn’t be a happy one thanks to Bob Mueller’s probe. While looking into Manafort and Gates’s Kremlin ties, Mueller’s team started investigating the Skadden Arps report. As the indictment recalls, FBI agents personally questioned the Dutch attorney in November 2017 about his communications with Gates and an unidentified Person A. van der Zwaan told them that he last interacted with Gates in August 2016 via an “innocuous text message” and that he hadn’t spoken to Person A since 2014. As the indictment indicates, this is a lie for van der Zwaan was secretly communicating with Gates and Person A on the Skadden report. Because, the indictment reveals that, “In or about September 2016, he spoke with both Gates and Person A regarding the Report, and surreptitiously recorded the call.” Also, it alleges that van der Zwaan deleted an e-mail between himself and Person A sent around the same time as those conversations. Though he told the FBI that he “did not know” where the email was.
So what does this have to do with the Trump campaign? Well, in August 2016, Paul Manafort resigned as Donald Trump’s campaign manager. Mostly because of his ties to Yanukovych, particularly on an alleged off-the-books payment. Yet, Gates hung on the Trump team. This was weeks before the conversation between Gates, Person A, and van der Zwaan. If Gates and the Dutch attorney were discussing the Skadden Arps report in September 2016, and van der Zwaan felt the need to lie to the FBI about it, it suggests that there may have been something criminal about the report’s production. Or at least something whose release would be politically damaging. At any rate, it helped Mueller build a case strong enough that Gates struck a plea deal with him and would testify against Manafort. As Manafort’s longtime assistant, Gates may well have damaging info on his former boss, who’s one of the most pivotal players in the whole Trump-Russia scandal. It’s likely that van der Zwaan might be the first domino in a chain of events that could lead to a major breakthrough like a Manafort conviction or plea deal. But for now we don’t know where the Manafort case will play out. But getting van der Zwaan to get Gates to get Manafort. From there, Mueller might get vital information on Trump’s real Russian ties.

Still, keep in mind that Paul Manafort left his cushy job as the Kremlin’s favorite expat political consultant in Ukraine to run Donald Trump’s campaign. Soon after, Moscow-backed hackers transmitted thousands of stolen Democratic Party emails to Wikileaks, whose release was artfully timed to make trouble for Trump’s Democratic opponents. These became the basis of Trump campaign rhetoric in the months before Election Day in 2016. Some emerging conventional wisdom in Washington remains that there’s little to believe Mueller’s ongoing probe will prove much of interest. But to brush off any notion of high-level cooperation between Trumpworld and the Russians needs a much greater suspension of disbelief than assuming Trump collusion with Russia. You have to dismiss that no one from Moscow thought to consult with Manafort about how to help a pro-Russia win an election in the United States. Despite that Manafort received millions of dollars for his expertise to help pro-Russia candidates win elections in Ukraine. You have to think Donald Trump Jr. didn’t discuss collaborating with Russians on obtaining and disseminating anti-Hillary Clinton dirt. Except that Trump Jr. was both in touch with Wikileaks and openly enthusiastic about the idea and met with Russians on this very topic. You’d have to think that Trump’s specific and public call for Putin to hack Clinton’s emails was completely random. Despite that Trump didn’t deliver it that way. Trump-Russia skeptics might assume a series of bizarre coincidences complete with a massive cover-up for no particular reason. Yet, let’s state the obvious. Donald Trump has gone to extraordinary lengths during his time in office trying to stymie or discredit rigorous investigation into the Russia matter. Why? The most likely explanation is that he’s guilty of serious Russian-related wrongdoing. Sure many might think he’s a moron or he’s guilty of some other serious shenanigans that he fears the investigation will uncover. But it’s most likely that things are exactly as they seem is that Trump’s acting guilty because he’s guilty.

The political media in the United States is far too willing to paint a picture of Donald Trump as an idiot since his knowledge of government is severely lacking to pass an 8th grade civics test, let alone lead the country. However, everything in Trump’s record suggests a cunning, ruthless, and, in many ways insightful man. The means he used to get himself out of bankruptcy and make his big Atlantic City comeback were downright dishonest and shady but also quite clever. How he reinvented himself as an asset-brand licensor was incredibly successful, as was his career as a reality TV host. For years, he’s used lawyer Michael Cohen and a relationship with a major tabloid conglomerate to keep his affairs hushed up and manipulate the public’s perception of him. Finally, he entered the 2016 GOP primary with little fundraising, no political experience, and minimal organization but wiped the floor with everyone. Though not an evil genius or criminal mastermind by any stretch, when Trump keeps doing something, it’s probably for a reason. Still, he has more in common with the likes of Count Olaf or Scar than Forrest Gump. Scar may know how to manipulate the hyenas into carrying out his plot to take over the pride lands. But once he’s king at Pride Rock, his mismanagement causes everything to go to hell. Count Olaf may never fool the Baudelaire children, but he can successfully deceive almost every adult in their lives and evade justice so he could torment the kids another day. Trump may not know how to govern, but he certainly knows how to dupe, I mean convince people into voting for him.

It is more likely than not that some Trump cronies coordinated with some elements of political strategy with the Russian pro-Trump information operation with Trump’s tacit or explicit approval. In exchange, they signaled openness to Russia-friendly policy changes with Russia. The reasons are the following:

  • Many of the Russian government’s political interventions are clumsy and inept. But the 2016 Wikileaks email drops were well-executed and well-timed to step on 2 major stories like the Democratic National Convention and the Access Hollywood tape. Maybe the Russians got lucky. Or that expert American operatives helped them, which is far more plausible.
  • Paul Manafort’s expertise is in American and foreign electioneering. He helped Ronald Reagan and George H.W. Bush win presidential elections. After that, he moved into lobbying and took his political skills abroad. He spent a decade giving political advice to a Russian proxy party in Ukraine. So it’s not like the Russians would have no idea who to ask, or that no one on the Trump team was comfortable with the idea of working with Russia.
  • Due to Donald Trump Jr.’s infamous, “if it’s what you say I love it” email, Trump’s own son and son-in-law were eager to collaborate with the Russian government in the 2016 election.
  • During the transition, Trump’s National Security Adviser Michael Flynn was very eager to conduct talks with Moscow about warming relations. Jared Kushner also tried to create some kind of secure backchannel line of communication to Moscow that would be impenetrable to American intelligence.
  • Donald Trump’s firing of FBI Director James Comey was exceptionally risky. After that backfired, he took repeated stabs leaning on Attorney General Jeff Sessions and/or Deputy Attorney General Rod Rosenstein to resign, which would give him direct control over Mueller. For God’s sake, Trump appeared on NBC News explaining how he improperly used his powers to remove the FBI director in order to shield his cronies from criminal scrutiny.
  • Donald Trump’s allies on the House Intelligence Committee and the Senate Judiciary Committee have tried to help him with various attacks on the FBI, the Justice Department, and the whole idea of an inquiry rather than by constructing some plausible alternative narrative explaining all the weird shit referenced above. Remember Devin Nunes had to recuse himself for being too chummy with the Trump White House? Or how Dianne Feinstein released testimony despite Republican senators’ objections?
  • Donald Trump wanted to fire Robert Mueller as early as last summer.

Despite Trumpworld’s reputation for leaks that’s led to amazing pieces of journalism, Donald Trump is very good at keeping secrets. We’ve never found out what’s in the guy’s tax returns or how the decision was made that whatever is on them is more damning of Trump’s shady behavior. Actually despite calling himself a billionaire, we’re not even sure how much money Trump makes. We don’t know why he fired Flynn or whether he knew about staffer Rob Porter’s domestic abuse allegations. We don’t know why Trump handed some choice Israeli intelligence to the Russian foreign minister. Trump is the least transparent candidate of all time and is running one of the least transparent administrations on record. Hell, there’s plenty of dissembling and fabrication about whether Trump is golfing on any giving weekend. One result of unprecedented secrecy is an unprecedented volume of disclosures. But even that doesn’t mean we have an unprecedented level of insight into what’s going one with Trump or his operation. Especially since congressional Republicans’ totally abdicated Congress’s normal oversight functions, Mueller’s inquiry is essentially our only lens into some very murky terrain.

But perhaps this will prove wrong and the Mueller investigation will uncover nothing noteworthy save crimes committed by Flynn along with Manafort and Gates, and a handful of lesser players while exposing Donald Trump and his entire senior staff as habitual liars of criminal and national security importance. Oh wait, Mueller’s already accomplished that but he’s far from finished. Nonetheless, whether or not Trump explicitly or tacitly agreed, he entered office with a pro-Russia foreign policy agenda. If not, then he wouldn’t have made Flynn his National Security Adviser or Rex Tillerson his Secretary of State. Only the investigation appears to have thwarted this, pushing Trump to maintain broad continuity with prior American foreign policy. Still, the mere suspicion of illicit collaboration between the Trump campaign’s highest-ranking members and the Russian pro-Trump information operation is well-founded. The ongoing investigation has steadily revealed considerable evidence. There’s no reason for anyone to preemptively exonerate Trump, when suspicion’s been validated at every turn.