Tag Archives: merrill

Intelligence Officials Are Looking Into a Trump Adviser’s Possible Kremlin Ties

Mother Jones

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US intelligence officials are looking into the Kremlin ties of a US businessman who is serving as a foreign policy adviser to Republican nominee Donald Trump, Yahoo News reported today. During briefings given to senior members of Congress about the possibility that the Russian government is trying to tamper with the presidential election, intelligence officials have discussed Trump adviser Carter Page, who runs an energy investment firm that specializes in Russia and Europe, according to the site.

Yahoo reports that members of Congress were told that Page may have had contact or set up meetings with high-level Kremlin officials and may have discussed the possibility of the United States lifting sanctions on Russia if Trump becomes president. An unnamed senior law enforcement official confirmed to Yahoo, “It’s being looked at.”

Trump told the Washington Post in March that Page, a former Merrill Lynch investment banker, was part of his foreign policy team. Page’s role in the campaign has been described in various ways since, including as an informal adviser.

Page has a long history with Russia, and he is known for expressing sympathy for Russian President Vladimir Putin. Earlier this year, Page told Bloomberg News that he had lived in Moscow in the early 2000s for several years when he worked for Merrill Lynch, working closely with the state-owned Russian oil and gas company Gazprom. After leaving Merrill Lynch, Page started his own investment firm, and this firm has invested in Gazprom, which has been included on the list of Russian firms targeted for sanctions by the United States due to its close links to Putin. Page has been consistently critical of Western attempts to sanction Russian companies and officials over Putin’s incursions into Ukraine.

In July, Page raised eyebrows by traveling to Russia to speak at an event for an organization with links to Putin’s inner circle, where he took issue with US policy, declaring that Western countries “criticized these regions for continuing methods which were prevalent during the Cold War period…Yet ironically, Washington and other Western capitals have impeded potential progress through their often hypocritical focus on ideas such as democratization, inequality, corruption, and regime change.”

A Trump campaign spokesman told Yahoo that Page has no role in the campaign but did not respond when asked why the campaign had earlier called Page an adviser.

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Intelligence Officials Are Looking Into a Trump Adviser’s Possible Kremlin Ties

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Today in State Secrets: The FBI Wants Both Your Day and Evening Phone Numbers

Mother Jones

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Back in 2004, the FBI served Nicholas Merrill with a National Security Letter. Merrill owned Calyx Internet Access, and the FBI wanted him to turn over transactional records about his clients. As usual with NSLs, this was done without a subpoena or a court order. Merrill was forbidden from revealing the contents of the NSL or even publicly acknowledging that he had received an NSL.

Merrill went to court, and US District Judge Victor Marrero initially ruled against him. Merrill subsequently reached an agreement with the government that allowed him to discuss the NSL but not to reveal which records the FBI had requested. Merrill continued to fight, and today, in Merrill v. Lynch,1 Marrero finally ruled definitively in his favor. In cases like this, the government has to demonstrate that disclosure would cause specific harm, and Marrero found that they hadn’t done so. Among other things, he points out that the Department of Justice itself already publishes a manual that includes sample language for NSLs. It includes most of the transactional data the the FBI requested from Merrill, and the remaining items would hardly be difficult for a potential target to figure out.

Still, the FBI argued that there were some differences, and those should be kept secret. Marrero provides an example that he finds singularly unimpressive:

Many of the remaining redactions in the Attachment are even harder to justify than the categories discussed thus far. For example, the Government seeks to prevent Merrill from disclosing that the Attachment requested “Subscriber day/evening telephone numbers” even though the Government now concedes that the phrase “telephone number” can be disclosed. The Court is not persuaded that there is a “good reason” to believe that disclosure of the fact that the Government can use NSLs to seek both day and evening telephone numbers could result in an enumerated harm, especially if it is already publicly known that the Government can use NSLs to obtain a telephone number, more generally.

Thanks to Marcy Wheeler for pointing this out. You may consider it your entertainment for the day. That is, you could consider it in that light if it weren’t a pretty important subject. And unfortunately, the court’s ruling is quite narrow: the only reason Marrero changed his mind is because the investigation has been closed, the target has been revealed, and virtually everything else about the NSL is already public. In other words, this will have very little impact on the government’s future power to issue tens of thousands of NSLs with virtually no oversight. We now know what information the FBI wanted in 2004, but we’re no closer to knowing what they routinely ask for today.

Full details here.

1Yes, seriously. Nicholas Merrill vs. Attorney General Loretta Lynch.

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Today in State Secrets: The FBI Wants Both Your Day and Evening Phone Numbers

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