I want to walk through the document trail (all public records!) that underpins our story today. Through these (+sources), we were able to reveal a long-hidden leg of the Mueller investigation cnn.com/2020/10/14/pol…
Chief Judge Beryl Howell of DC District Court unsealed much of the bank subpoena fight in 2019, w the bank’s name + country obscured.
DC Circuit, SCOTUS also released redacted versions of appeals proceedings
In hindsight, Alston & Bird lawyers may have hinted about their client. They said the US doubting a foreign govt-owned company was as offensive as another nation questioning Jerome Powell (Fed chair) or Mike Pompeo (then-CIA chief)
Another - Judge Howell was baffled in a sealed hearing just after Mueller handed in his report on Russia interference.
If the Russia investigation just ended, why was this gj subpoena case still ongoing?
Illuminating exchange w prosecutor (now Judge) Zia Faruqui
Quite the moment recorded in transcripts of a sealed hearing:
Howell repeating, again and again, that she believed the Egyptian bank (repped by Brian Boone of Alston) had left “glaring unexplained gaps” in what they turned over to prosecutors.
The court record before Howell also gave a sense of the shape of the mystery Mueller investigation and its seriousness.
We wrote about this when these records were first unsealed. The voluminous court record helped to connect dots when we looked at them again this year.
One more note on the mystery grand jury subpoena case court record: As this moved from trial court to appeals, the company (bank) became more interchangeable in court docs with its owner, "Country A," which we've now reported is Egypt.
Now about the Mueller 302s. Judge Reggie Walton, also in DC, put DOJ/FBI on a monthly production schedule to get @cnnpolitics@buzzfeednews witness interview memos. Among many topics, witnesses talked about Egypt connections, others about Trump $10M loan cnn.com/2019/11/04/pol…
Here are some 302s we cited in our story. Steve Bannon on the $10M loan. 2 other unnamed witnesses about Egypt connections.
Another Egypt connection that appears in 302s: that of Walid Phares, a campaign foreign policy adviser @nytimes reported earlier this year on Mueller’s interest Phares, noting mentions of him in the 302s. No related charges were filed. nytimes.com/2020/05/28/us/…
As for uncovering a 4th Mueller team, we followed lots of clues. Zainab Ahmad spotted regularly by #CNNStakeout, appeared in GJ subpoena case in 2018. She had a “senior” title in the SCO, appears to have shared an office w Brandon Van Grack on calendars obtained by @JudicialWatch
Something to highlight from the Mueller Report: Remember how Mueller sent questions to Trump; Trump responded in writing?
There's a question about foreign support ~not~ from Russia, tucked at end of the set of questions about Trump Tower.
Q on left, Trump answer on right
Walton pressing DOJ to explain redactions to the Mueller Report delivered a final revelation the night of RBG's death.
What was redacted transferred investigation No.11 in Mueller Report Appendix D?
“Foreign campaign contribution,” DOJ said, showing it was no longer ongoing
This is my ode to FOIA & unsealings. These types of public records are only available now thanks to petitioners (like @CNN!) and rulings in favor of transparency. Courts have allowed access to docs that give a fuller understanding of casework. But lots still confidential
One public record I forgot, also important to our story today! Campaign finance filings.
Trump announced his $10M payment to his campaign as a loan initially. But the campaign never recorded it as such, according to its report to the FEC for Oct-Nov2016
EXCLUSIVE @CNNPolitics: For more 3+ years, federal prosecutors investigated whether money flowing through an Egyptian state-owned bank could have backed $10M Trump donated to his own campaign days before the 2016 election cnn.com/2020/10/14/pol…
This story from @evanperez@jeremyherb and me comes after 2 years of following breadcrumbs in documents, countless hours of #CNNStakeout, source reporting—from when we first noticed a mystery case in DC District Court related to the Mueller investigation
Details we learned:
-This investigation was one of the most prolonged efforts by federal investigators to understand the President's foreign financial ties
-It was a significant, hidden part of Mueller's special counsel's office, for nearly its entire tenure
Proud Boys isn’t just some random white nationalist group.
Facebook head of security policy in July: "We first started looking into this network as part of our investigation into the Proud Boys...Our investigation linked this network to Roger Stone”
Members of the Proud Boys attended court hearings last year for Roger Stone in DC, forming a core support group for Stone and his family members during the trial
Also this:
Proud Boys chair sat behind Trump at a Florida rally wearing a “Roger Stone did nothing wrong” tshirt
Whoa. Chief justice of the Ohio Supreme Court after the state GOP criticized a lower-court judge for siding with Dems in a lawsuit to allow more dropboxes in the state>>
For reference, here's what the Ohio Republican Party said yesterday. Their lawyers today told the judge they had no idea this was out there, that it's now scrubbed from the internet.
(This is the version Ohio Dems submitted to court to suggest the Ohio GOP gets held in contempt)
"The Republican Party’s statement should be seen for what it is: part of a continuing string of attacks against any [court] decision that doesn’t favor a political end, regardless of party, even if that decision may be legally correct and indeed legally required."
The DC Circuit this week neutered the House's ability to investigate the Trump admin for the foreseeable future, almost certainly through the election.
Their subpoena enforcement power is kaput. Only (unlikely) option left: the jail in the basement! cnn.com/2020/09/02/pol…
One former House counsel says the jail option (holding a witness in inherent contempt) is "a pop gun."
Another former House counsel says, "I'm very very sorry to say that it looks like the House doesn't have much of a hand to play at this time."
We have an appeals court decision in the Flynn case!
The full DC Circuit returns power to District Judge Sullivan, says case wasn't ready for Flynn to bring an appeal.
So Flynn's criminal case continues--no dismissal yet. cnn.com/2020/08/31/pol…
Quite the swan song concurrence from Judge Thomas Griffith, who retires tomorrow. He sided with 8-2 majority in keeping the Flynn case alive.
Takes the moment--his last day on the bench--to write that even in politicized cases, judges don't make decisions based on partisanship.
The full DC Circuit has one more thing to say about Flynn: they wanted to hear it before the full court, didn’t take the case bc trial Judge Emmet Sullivan asked. A side discussion in this case has been whether Sullivan was partial, or should be reassigned (Circ said no today)
Today's yet another Michael Flynn-in-court day. The full DC Circuit rehears arguments on the ability of his trial judge Emmet Sullivan to question the Justice Department dropping the prosecution.
More: cnn.com/2020/08/11/pol…
This case isn't just about Michael Flynn's prosecution or his guilt. It's much, much bigger that than--an existential test of the balance of powers. cnn.com/2020/06/12/pol…
It's also worth remembering what Judge Sullivan has seen in this case, and in decades on the bench. He's fighting to retain authority to consider DOJ's request to dismiss the case--and not just to rubber-stamp the dismissal.
My profile of Sullivan: cnn.com/2020/05/13/pol…