Attention to the Unseen

Asha Rangappa writes: Exposing the activities of a foreign intelligence service renders them ineffective, since it removes plausible deniability, which is the hallmark of covert intelligence operations. It also reveals the sources and methods that a foreign power is using, forcing them to abandon the operation. Special counsel Robert S. Mueller III has already utilized this avenue by bringing criminal charges against 13 Russian nationals and three Russian companies for a disinformation campaign on social media and against 12 GRU…

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Benjamin Wittes writes: What is this investigation about? In his congressional testimony this fall, as [New York Times reporters] Schmidt and Goldman had discovered, Baker made an arresting comment: the investigation “was about Russia, period, full stop.” The purpose of the investigation, he explained, was to assess what the Russians were up to with respect to the 2016 election. The FBI was trying to learn what the Russians had done and whether any Americans had done things in support of…

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Middle East Eye reports: Mohammed Zuraibi Alzoabi, 28, a Saudi citizen who studied at a university in Nova Scotia, Canada, and faces multiple criminal charges failed to show for a court date and authorities don’t know where he is, according to the local Chronicle Herald newspaper. Alzoabi was to face charges of sexual assault, assault, forcible confinement, uttering threats, criminal harassment, dangerous driving and assault with a weapon (a vehicle) in separate trials related to two incidents that occurred in…

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The New York Times reports: In the days after President Trump fired James B. Comey as F.B.I. director, law enforcement officials became so concerned by the president’s behavior that they began investigating whether he had been working on behalf of Russia against American interests, according to former law enforcement officials and others familiar with the investigation. The inquiry carried explosive implications. Counterintelligence investigators had to consider whether the president’s own actions constituted a possible threat to national security. Agents also…

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The Associated Press reports: The incoming chairman of the Senate Judiciary Committee said Wednesday that Attorney General nominee William Barr has confidence in special counsel Robert Mueller and will let him complete his Russia investigation. Sen. Lindsey Graham, R-S.C., said after meeting with Barr, who led the Justice Department under President George H.W. Bush, that Barr has a “high opinion” of Mueller. Barr was spending most of Wednesday on Capitol Hill, meeting senators on the committee before his confirmation hearing…

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Slate reports: In a short unpublished opinion so far garnering only slight media attention, the United States Court of Appeals for the 3rd Circuit decided on Monday what may be one of the most consequential cases poised to affect the 2020 elections. The circuit upheld a district court decision ending a court order in effect since 1982 barring the Republican National Committee from engaging in “ballot security” measures designed to intimidate minority voters from voting at the polls. With Trump…

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Bloomberg reports: The White House may try to block portions of Special Counsel Robert Mueller’s final report from being shared with Congress and the public in a fight that could end up before the Supreme Court. Mueller may submit his findings on Russian interference in the 2016 presidential campaign to the Justice Department as early as February, according to one U.S. official. After that, things could get messy. Democrats who now control the House have said they’ll demand that the…

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Bruce Ackerman writes: President Trump on Friday said that he was considering the declaration of a “national emergency” along the border with Mexico, which he apparently believes would allow him to divert funds from the military budget to pay for a wall, and to use military personnel to build it. While it is hard to know exactly what the president has in mind, or whether he has any conception about what it would entail, one thing is clear: Not only…

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Al Jazeera reports: A senior US senator has called on Secretary of State Mike Pompeo to clarify if Saudi Arabia helped a citizen of that country flee the US before his manslaughter trial. In a letter on Friday, Senator Ron Wyden expressed strong concern over a local media report that said the Saudi government may have issued a new passport to its citizen, Abdulrahman Sameer Noorah, in order to help him leave the US and escape justice over a hit-and-run…

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The New York Times reports: In his first 13 years on the Supreme Court, Chief Justice John G. Roberts Jr.’s main challenge was trying to assemble five votes to move the court to the right, though there were only four reliably conservative justices. Now he faces a very different problem. With the retirement of Justice Anthony M. Kennedy and his replacement by Justice Brett M. Kavanaugh, the chief justice has the votes he needs on issues like abortion, racial discrimination,…

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The Washington Post reports: A senior Justice Department ethics official concluded acting attorney general Matthew G. Whitaker should recuse from overseeing special counsel Robert S. Mueller III’s probe examining President Trump, but advisers to Whitaker recommended the opposite and he has no plans to step aside, people familiar with the matter said. Earlier Thursday, a different official, who spoke on the condition of anonymity, said ethics officials had advised Whitaker need not step aside, only to retract that description of…

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Ken White writes: Former National Security Advisor Michael Flynn on Tuesday got an unpleasant lesson on the difference between politically effective arguments and legally astute ones. Backed by an array of well-wishers including President Trump, and buoyed by widespread conservative arguments that the FBI had violated his rights, Flynn walked into a federal courtroom in Washington hoping for the probationary sentence that Special Counsel Robert Mueller had recommended. Instead he was threatened with jail by a furious United States District…

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Timothy L. O’Brien writes: The Trump Foundation, a tiny New York outfit masquerading as a philanthropy but operating, essentially, as a personal piggy bank for the president of the United States, is no more. Barbara Underwood, the New York state attorney general, announced on Tuesday that her office and the foundation signed a stipulation agreeing to dissolve Donald Trump’s long-standing but chronically underfunded gesture toward charitable giving. Trump launched his foundation in 1988 as a vehicle, he claimed, for distributing…

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Politico reports: President Donald Trump’s use of the word “rat” to attack his former personal attorney and fixer Michael Cohen is more evocative of a “mob boss” than a president, a Democratic senator said Monday. Sen. Chris Coons, a Democrat on the Senate Judiciary Committee, painted Trump’s claims that the FBI “broke into” Cohen’s office earlier this year — the bureau had a warrant to do so — as a clear attempt to undermine law enforcement and mislead Americans about…

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Glenn Greenwald writes: A children’s speech pathologist who has worked for the last nine years with developmentally disabled, autistic, and speech-impaired elementary school students in Austin, Texas, has been told that she can no longer work with the public school district, after she refused to sign an oath vowing that she “does not” and “will not” engage in a boycott of Israel or “otherwise tak[e] any action that is intended to inflict economic harm” on that foreign nation. A lawsuit…

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Garrett M Graff writes: While popular memory today remembers Watergate as five DNC burglars leading inexorably to Richard Nixon’s resignation two years later, history recalls that the case and special prosecutor’s investigation at the time was much broader; ultimately 69 people were charged as part of the investigation, 48 of whom pleaded guilty or were found guilty at trial. After three weeks of back-to-back-to-back-to-back bombshells by federal prosecutors and special counsel Robert Mueller, it’s increasingly clear that as 2018 winds…

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