Also while posing as U.S. persons, the indictment says they contacted Trump campaign operatives to provide support. The indictment makes clear that the Trump organizers were unaware of the Russians’ true identities and motives.
Not until page 23 of the 37-page indictment does the defendants’ true purpose come into focus. As stated there, after the election, they organized and promoted rallies “in support of president-elect Trump, while simultaneously using other false U.S. persons to organize and coordinate rallies protesting the results of the 2016 presidential election.”
For example, on November 12, 2016, the defendants and their unnamed co-conspirators organized a rally in New York designed to “show your support for President-Elect Donald Trump” while on the same date they organized a rally in New York called “Trump is NOT my President.” Three days later, they organized a North Carolina rally entitled “Charlotte Against Trump.”
In addition to undercutting the Trump-Russia collusion narrative, these anti-Trump measures make apparent that, rather than achieve any particular electoral outcome, the defendants intended to sow dissension, bitterness, and distrust among the American electorate. They were trying to do in America what Russia has done in other countries by mounting disinformation campaigns to undermine trust and confidence in democratic institutions.
In announcing the indictment, Deputy Attorney General Rod Rosenstein emphasized that it neither alleges that any American knowingly acted in concert with the defendants nor that the defendants’ efforts changed the outcome of the election.
While all of that is undoubtedly true, it must be recognized that the defendants had to have known that their efforts described in the indictment would not have any material effect on the election results. Like everyone else, they could read the polls. Hillary was going to win, and Trump was guaranteed to lose. That solid and inescapable political consensus limited what they could hope to accomplish.
So causing one candidate to win and another to lose was not their goal. Instead their mission was to weaken and erode Americans’ confidence in our democratic institutions and to poison and sabotage the acceptance of the election outcome by millions of Americans who supported the losing candidate. In short, they wanted to cause turmoil, dissension, and disorder and to cripple our government. Given the post-election chaos, division and bitterness, they certainly seem to have achieved their purpose.
The indictment was heralded by the media as a major achievement by Team Mueller. But a few observers questioned whether Mueller truly expected any of the defendants to appear in a U.S. court to answer the charges. Others asked if the indictment was merely an empty public relations move by Mueller attempting to show that his investigation was producing solid results.
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On Friday May 5, 2018, Team Mueller immediately began backtracking by filing a motion asking U.S. District Judge Dabney Friedrich to postpone Concord’s arraignment set for May 9, 2018.
They claimed that it was unclear whether Concord had formally accepted the court summons related to the case. In their motion, they included Concord’s discovery requests.
“Until the Court has an opportunity to determine if Concord was properly served, it would be inadvisable to conduct an initial appearance and arraignment at which important rights will be communicated and a plea entertained,” wrote the prosecutors. “That is especially true in the context of this case, which involves a foreign corporate defendant, controlled by another, individual foreign defendant, that has already demanded production of sensitive intelligence gathering, national security, and foreign affairs information.”
Team Mueller proposed that the arraignment be postponed while the parties briefed the issue of whether the court summons has been properly served on Concord.
The next morning, Concord’s lawyers replied, “Defendant voluntarily appeared through counsel as provided for in [the federal rules], and further intends to enter a plea of not guilty. Defendant has not sought a limited appearance nor has it moved to quash the summons. As such, the briefing sought by the Special Counsel’s motion is pettifoggery.”
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Defense counsel argued that Team Mueller was trying “to usurp the scheduling authority of the Court” by waiting until Friday afternoon to try to delay a proceeding scheduled for the following Wednesday. They also stated that the special counsel’s office has not replied to Concord’s discovery requests and, ratcheting up the pressure on the Muellerites, stated that their client intends to assert its speedy trial rights.
Judge Friedrich, a Trump appointee, denied Team Mueller’s request and ruled that the arraignment would proceed as scheduled on May 9.
So what happened at the arraignment? Did things get better for Team Mueller? Hardly.
At the arraignment, Concord’s lead counsel, Eric Dubelier, was asked whether he represents Concord Catering, another one of the charged Russian companies. He replied that he did not and added, “I think we’re dealing with the government having indicted the proverbial ham sandwich. That company didn’t exist as a legal entity during the time period alleged by the government.”
Then, hinting at more of the graymail yet to come, he remarked darkly that, “We now know that the special counsel apparently has access to [Concord’s] confidential filings at the Office of Foreign Assets Control, which in and of itself is a disturbing fact.”
Dubelier stated, “Your Honor, we waive formal reading of the indictment. We enter a plea of not guilty. We exercise our right to a speedy trial.”