The Case for Impeachment. Allan Lichtman J.

John Sipher and Steve Hall, two former CIA officials who served under Republican and Democratic administrations, and they’ll tell you that the June 9 meeting had all the hallmarks of a recruitment operation by Russian intelligence. Sipher and Hall posited that, once the Russians unearthed derogatory material by hacking into the emails of the Democratic National Committee, they “might then have seen an opportunity for a campaign to influence or disrupt the election.” When Trump Jr. responded with “I love it” to Goldstone’s “fishing” email, “the Russians might well have thought that they had found an inside source, an ally, a potential agent of influence on the election.”

      In a standard pattern for Russian intelligence, they “employed a cover story—adoptions—to make it believable to the outside world that there was nothing amiss.” They used “cutouts, nonofficial Russians, for the actual meeting, enabling the Trump team to claim—truthfully—that there were no Russian government employees at the meeting and that it was just former business contacts of the Trump empire.” Thus, “when the Trump associates failed to do the right thing by informing the FBI, the Russians … knew what bait to use and had a plan to reel in the fish once it bit.” Sipher and Hall posit that while a Russian operation to disrupt American society and politics “is certainly plausible, it is not inconsistent with a much darker Russian goal: gaining an insider ally at the highest levels of the United States government.”¹²

      There are yet more new revelations in the never-ending Russia story. In July 2016, when the Russia story first heated up, Donald Trump Sr. flatly declared, “I have nothing to do with Russia—for anything.” He said this despite his business partnerships with Russia-connected interests, his lengthy quest to develop Trump-branded ventures in Russia, and the Trump trademarks in Russia, six of which the Russian government renewed in 2016 at then-candidate Trump’s request. Recently, the press discovered that Trump Sr. sought to complete a real estate deal in Moscow while campaigning for president, even signing a nonbinding letter of consent to pursue it.¹³

      Trump’s lawyer, Michael Cohen, and the ubiquitous Felix Sater were the prime movers of this ultimately failed deal—two of the three men who, according to the New York Times, presented a plan to lift the Ukrainian sanctions on Russia to then–National Security Advisor Michael Flynn. In a November 2015 email to Cohen, Sater bragged about the deal and how his ties to Putin would get Trump elected: “Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected … Buddy our boy can become President of the USA and we can engineer it. I will get all of Putins [sic] team to buy in on this [emphasis added].” It’s entirely possible that Sater was exaggerating his influence in the Kremlin; then again, the New York Times did report that Ivanka had indicated it was possible she’d sat in Mr. Putin’s chair during her Moscow trip in 2006, though she couldn’t recall. The eerie similarity, too, between Sater’s message to Cohen about Russians helping to elect Trump, and the message sent by Goldstone to Trump Jr. suggests that Sater’s claim may not have been the benign “puffery” that Cohen would later purport it to be.¹⁴

      We have since learned that during this transition period and his White House tenure, Kushner engaged in several other dubious activities that merit investigation. Kushner secretly met with Russian Ambassador Sergey Kislyak to explore establishing a back channel between the Trump transition team and the Kremlin using Russian facilities. He met with the head of a Russian state bank that was under U.S. sanctions. He met with the King of Jordon to promote a deal on providing nuclear reactors to Middle Eastern nations that included both American and Russian business interests. Russia’s involvement had apparently diminished over time, but was not necessarily eliminated at the time of the meeting according to news reports. And we first learned through a Politico report on September 24, 2017, that in December 2016 Kushner set up a private email account that he used for some official government business—this after Trump had spent more than a year excoriating Clinton for her use of a private email server, even encouraging chants of “lock her up!” Predictably, Kushner’s lawyer said that these email communications were few and innocuous. According to the New York Times, at least five other close Trump advisers, including Ivanka Trump and former chief strategist Steve Bannon, “occasionally used private email addresses to discuss White House matters.” Again, this is not nearly the complete story. New reporting indicates that Kushner and Ivanka Trump had another private email account that received hundreds of White House emails.¹⁵

      In July 2016, Manafort, in a series of email exchanges with an intermediary in Ukraine, offered privileged access to the Trump campaign to Russian oligarch Oleg Deripaska, whom I identified in April as a former business partner of Manafort’s and one of Putin’s closest confidants. “If he needs private briefings we can accommodate,” Manafort wrote. Manafort spokesman, Jason Maloni, said that the email exchanges were “innocuous” and involved only an attempt by Manafort to collect on a debt owed to him by Deripaska. But press reports indicate it was Deripaska who believed that Manafort owed him payments from a failed business deal, which Manafort implicitly verified, saying, “How do we use to get whole?”—apparently from his obligations to Deripaska. Reporting by NBC News indicates that Deripaska transmitted some $60 million in loans to companies linked to Manafort. The Trump team has set the Guinness world record for undisclosed but allegedly “innocuous” activities involving a foreign adversary.¹⁶

      Like the June 9 meeting, this incident involving Manafort and Deripaska had the signs of a “classic intelligence operation being run by the Russians,” said Glenn Carle, who worked for more than twenty years in the Clandestine Services of the CIA. “Approach someone with access and influence, propose benign-seeming justifications, offer an enticement [like forgiving a debt], get benign-seeming favors done by the target in exchange (e.g., a meeting, a briefing, information that seems non-alarming), and use the meeting to entice down the primrose path.”¹⁷

      Some scholars and journalists have asserted that President Trump could not be charged with treason even if he colluded with the Russians, or charged with misprision of treason if he failed to report collusion, saying that treason can be charged “only during a state of war.” Yet the American intelligence community has established that Russia did engage in acts of war against America during the 2016 presidential campaign. This was a modern form of warfare, carried out not with bullets and bombs, but via a cyberattack on the foundations of American democracy. According to the Gerasimov Doctrine, a 2013 paper written by General Valery Gerasimov, chief of the general staff of Russia’s Armed Forces, “the very ‘rules of war’ have changed. The role of nonmilitary means of achieving political and strategic goals has grown, and, in many cases, they have exceeded the power of force of weapons in their effectiveness.”¹⁸

      If Trump did, in fact, collude with the Russians, he likely violated other federal criminal laws in addition to treason. These include, but may not be limited to, the Logan Act, which forbids private persons from negotiating with a foreign power; a federal election law that bans campaigns from knowingly soliciting or accepting anything of value from foreign nationals; and the Computer Fraud and Abuse Act, which prohibits any aiding or abetting of illegal computer hacking.

      The Russian attack on the U.S. presidential campaign turned out to be more widespread and nefarious than first believed. After an inexplicable eight-month delay, Trump’s Department of Homeland Security revealed in September 2017 that the Russians sought to hack into the registration rolls of twenty-one states, and in some cases, may have succeeded. They also ran thousands of paid, targeted political ads on Facebook. Investigators are probing whether the targeting insights they acted on came from the Trump campaign. Kushner, who took the lead in developing the campaign’s social media operation, is on the record as having said, “I called somebody who works for one of the technology companies that I work with, and I had them give me a tutorial on how to use Facebook micro-targeting.” Special Counsel Mueller has obtained a warrant for Facebook records, meaning he’s convinced a federal judge that there exists probable cause of criminal violations.¹⁹

      Beyond denying any collusion with the Russians, Trump also contradicted the findings of the American intelligence community—under both Obama’s and his presidency—with his claim that Russia did not meddle