IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) EMANUEL MCCRAY, Individually and on) CIVIL NO: Behalf of All Others Similarly Situated, ) Plaintiff : vs. ) PLAINTIFFS’ MASTER EXHIBITS, ) PART 3 OF 5, PAGES 103-141 UNITED STATES DEPARTMENT OF ) JUSTICE, ) 7 FEDERAL BUREAU OF INVESTIGATION, ) : JEFFERSON BEAUREGARD SESSIONS III, ) In His Official Capacity As Attorney General of) the United States ) ROD JAY ROSENSTEIN, In His Official Capacity As Deputy Attorney General of the United States, CHRISTOPHER ASHER WRAY, In His Official Capacity As Director of the Federal Bureau of Investigation, and ROBERT SWAN MUELLER II, In His Official Capacity As Special Counsel to the Deputy Auorney General of the United States, Defendants.Obama Ordered Secret Report on Unrest in Arab World - The New York Times. Page 1 of 3 Ehe New York Eimes MIDDLE EAST Secret Report Ordered by Obama Identified Potential Uprisings By MARK LANDLER FEB. 16, 2011 WASHINGTON — President Obama ordered his advisers last August to produce a seeret report on unrest in the Arab world, which concluded that without sweeping political changes, countries from Bahrain to Yemen were ripe for popular revolt, administration officials said Wednesday. ive, identified likely flashpoints, most notably Egypt, and solicited proposals for how the administration Mr. Obama's order, known as a Presidential Study Di could push for political change in countries with autocratic rulers who are also valuable allies of the United States, these officials said. ‘The 18-page classified report, they said, grapples with a problem that has in recent bedeviled the White House’s approach toward Egypt and other countrie: Q days: how to balance American strategic ir terests andtiedesinoso ave, ARM Fgin instability against the democratic demands of the protesters. EXHIBIT / 3 pace (03 oF 2.39 http://www.nytimes.com/201 1/02/17/world/middleeast/1 7diplomacy.html 8/6/2017Obama Ordered Secret Report on Unrest in Arab World - The New York Times. Page 2 of 3 Administration officials did not say how the report related to intelligence analysis of the Middle East, which the director of the Central Intelligence Agency, Leon E. Panetta, acknowledged in testimony before Congress, needed to better identify “triggers” for uprisings in countries like Egypt. Officials said Mr. Obama’s support for the crowds in Tahrir Square in Cairo, even if it followed some mixed signals by his administration, reflected his belief that there was a greater risk in not pushing for changes because Arab leaders would have to resort to ever more brutal methods to keep the lid on dissent. “There's no question Egypt was very much on the mind of the president,” said a senior official who helped draft the report and who spoke on condition of anonymity to discuss its findings. “You had all the unknowns created by Egypt's succession picture — and Egypt is the anchor of the region.” At the time, officials said, President Hosni Mubarak appeared to be either digging in or grooming his son, Gamal, to succeed him. Parliamentary elections scheduled for November were widely expected to be a sham. Egyptian police were jailing bloggers, and Mohamed ElBaradei, the former chief of the International Atomic Energy Agency, had returned home to lead a nascent opposition movement. In Yemen, too, officials said Mr. Obama worried that the administration's intense focus on counterterrorism operations against Al Qaeda was ignoring a budding political crisis, as angry young people rebelled against President Ali Abdullah Saleh, an autocratic leader of the same vintage as Mr. Mubarak. “Whether it was Yemen or other countries in the region, you saw a set of trends” —a big youth population, threadbare education systems, stagnant economies and new social network technologies like Facebook and Twitter — that was a “real prescription for trouble,” another official said. The White House held weekly meetings with experts from the State Department, the C.I.A. and other agencies. The process was led by Dennis B. Ross, the president's senior adviser on the Middle East; Samantha Power, a senior director Q atthe National Security Council who handles human rights issues; and Gayle Smith, SUBSCRIBE NOW Subscriber login /o4 http://www nytimes.com/201 1/02/1 7/world/middleeast17diplomacy.htm! 8/6/2017 amnexeansaning director responsible for global development.‘Obama Ordered Secret Report on Unrest in Arab World - The New York Times Page 3 of 3 The administration kept the project secret, officials said, because it worried that if word leaked out, Arab allies would pressure the White House, something that happened in the days after protests convulsed Cairo. Indeed, except for Egypt, the officials refused to discuss countries in detail. The report singles out four for close scrutiny, which an official said ran the gamut: one that is trying to move toward change, another that has resisted any change and two with deep strategic ties to the United States as well as religious tensions. Those characteristics would suggest Jordan, Egypt, Bahrain and Yemen. By i suing a directive, Mr. Obama was also pulling the topic of political change out of regular meetings on diplomatic, commercial or military relations with Arab states. In those meetings, one official said, the strategic interests loom so large that it is almost impossible to discuss reform efforts. The study has helped shape other messages, like a speech Secretary of State Hillary Rodham Clinton gave in Qatar in January, in which she criticized Arab leaders for resisting change. “We really pushed the question of who was taking the lead in reform,” said an official. “Would pushing reform harm relations with the Egyptian military? Doesn't the military have an interest in reform?” Mr. Obama also pressed his advisers to study popular uprisings in Latin America, Eastern Europe and Southeast Asia to determine which ones worked and which did not. He is drawn to Indonesia, where he spent several years as a child, which ousted its longtime leader, Suharto, in 1998. While the report is guiding the administration's response to events in the Arab world, it has not yet been formally submitted — and given the pace of events in the region, an official said, it is still a work in progress. New York edition with Aversion of this article appears in print on February 17, 2011. on Page A140 the headline Secret Report Ordered by Obama Identified Potential Arab Uprisin 9 © ARG THEIR. ork Times Company SUBSCRIBE NOW Subscriber login http://www nytimes.com/201 1/02/17/world/middleeast/I 7diplomacy.html 8/6/2017: Seer United States Senate March 31, 2017 VIA ELECTRONIC TRANSMISSIO} ‘The Honorable Dana Boente Acting Deputy Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Dear Mr. Boente: Over the past few years, the Committee has repeatedly contacted the Department of Justice to raise concerns about the Department's lack of enforcement of the Foreign Agents Registration Act (“FARA”). | write regarding the Department's response to the alleged failure of pro-Russia lobbyists to register under FARA. In July of 2016, Mr. William Browder filed a formal FARA complaint with the Justice Department regarding Fusion GPS, Rinat Akhmetshin, and their associates.' His complaint alleged that lobbyists working for Russian interests in a campaign to oppose the pending Global Magnitsky Act failed to register under FARA and the Lobbying Disclosure Act of 1995, The Committee needs to understand what actions the Justice Department has taken in response to the information in Mr. Browder’s complaint. The issue is of particular concer to the Committee given that when Fusion GPS reportedly was acting as an Unregistered agent of Russian interests, it appears to have been simultaneously overseeing the creation of the unsubstantiated dossier of allegations of a conspiracy between the Trump campaign and the Russians. Mr. Browder is the CEO of Hermitage Capital Management (“Hermitage”), an investment firm that at one time was the largest foreign portfolio investor in Russia. According to the Justice Department, in 2007, Russian government officials and members of organized crime engaged in corporate identity theft, stealing the corporate identities of three Hermitage companies and using them to fraudulently obtain $230 million? ‘The $230 million was then extensively laundered into accounts outside of Russia, When Hermitage learned of the situation, its attorneys, including Mr. Sergei Magnitsky, investigated. In December of 2007, Hermitage filed criminal complaints with law enforcement agencies in Russia, complaints which identified the Russian government officials who had been involved. In response. the Russian government Complaint Regarding the Violation of US Lobbying Laws by the Human Rights Accountability Global Initiative xe Capital Management (July Browder Complaint looMr. Dana Boente March 31, 2017 Page 2 of 6 assigned the case to the very officials involved in the crime, who then arrested Mr. Magnitsky and kept him in pretrial detention for nearly a year, until he died under highly suspicious circumstances after being beaten by guards and denied medical treatment. In response to this brazen violation of human rights, Congress passed the bipartisan Sergei Magnitsky Rule of Law Accountability Act of 2012 (“Magnitsky Act”), which was signed into law by President Obama. The law authorized sanctions against those who the President determined were responsible for Mr. Magnitsky’s detention and death, those who financially benefitted from it, and those involved in the criminal conspiracy he had uncovered. ‘The law also authorized sanctions against those the President determined were responsible for other extrajudicial killings, torture, or human rights violations committed against individuals seekin to promote human rights or expose illegal activity carried out by Russian government officials. The sanctions involved banning the identified individuals from the U.S. and authorizing the President to use the International Emergency Economic Powers Act to freeze their property, provided that the property isin the United States. President Obama initially identified 18 such individuals, and subsequently added others. The Russian government responded to the Magnitsky Act by prohibiting all adoptions of Russian children by United States citizens. It similarly put outa list of 18 U.S. government officials banned from Russia. in 2013, the Department of Justice initiated a eivil asset forfeiture case against Prevezon “PPOTeitTgsrarcompanysounnedebyeRussian-Denis-KalsyivethesonoferormerREssiar government minister. The Justice Department argued that his company had received millions of the laundered $230 million from the conspiracy Mr. Magnitsky discovered, and had used it to purchase real estate in New York.‘ Additionally, in 2015, Senators Cardin and MeCain introduced the Global Magnitsky Act, which would extend the Magnitsky sanctions framework to human rights violators across the globe. As detailed in press accounts and in Mr. Browder's FARA complaint, in response to ‘theseRETOR SE PrEVEZOH HOT TERT WeRUssiamEoecnmenisheuandslobbying campaign Punportediyedesigned:tcnryatonrepedlthe:Maghitsktieheteiemevethehame “Magnitsky” from the Global Magnitsky Act and delay its progress; and cast doubt on the Justice Department's version of events regarding the corporate identity theft of Hermitage’s companies, the fraudulently obtained $230 million, and the death of Mr. Magnitsky. + U.S. » Provezon Holdings Lid. eta. No, 13+cv-6326 (SDNY). “DOJ Complaint, sypra note 2. * Browder Complaint, supra note I; see Isaac Arnsdorf, FR Complains Alleges Pro-Russian Lobbying, POLIICO (Dec. 8, 2016); Michael Weiss, Puin’s Dirty Game inthe U'S. Congress, THE DAILY BEAST (May 18, 2016); Mike Eckel, Russian ‘Gun-For-Hire” Lurks in Shadows of Washington's Lobbying World, RADIO FREE EUROPE/RADIO Limerry (July 17, 2016); Isaac Amsdorf, From Russia, With Love?, POLITICO (Aug. 17, 2016); Chuck Ross, Oppo Researcher Behind Trump Dossier ls Linked 10 Pro-Kremlin Lobbying Effort, Tt DAILY CALLER (Jan, 13, 2017) Isaac Amsdorf and Benjamin Oteskes, Putin's Favorite Congressman, POLITICO (Nov. 23, 2016), 107Me. Dana Boente March 31, 2017 Page 3 of 6 Prevezon’s lobbying efforts were reportedly commissioned by Mr. Katsyy, who organized them through a Delaware non-profit he formed and through the law firm then representing Prevezon in the asset forfeiture case, Baker Hostetler.’ Among others, the efforts involved lobbyist Rinat Akhmetshin and Fusion GPS, a political research firm led by Glenn ‘Simpson.’ According to press reports, Baker Hostetler partner Mark Cymrot briefed congressional staff on the asset forfeiture case, attempting to discredit the Justice Department's, version of events and instead push the Russian government's account.* Rinat AKhmetshin, along, with former Congressman Ron Dellums, reportedly lobbied the House Foreign A fairs ‘Committee, telling staffers “they were lobbying on behalf of a Russian company called Prevezon and ask{ing] [the Committee] to delay the Global Magnitsky Act or at least remove Magnitsky from the name,” as well as telling the staffers “it was a shame that this bill has made it so Russian orphans cannot be adopted by Americans.” Mr. Akhmetshin was also involved in the sereening, targeting Congressional staffers and State Department officials, of an anti-Magnitsky propaganda film," For its part, Fusion GPS reportedly “dug up dirt” on Mr. Browder’s property and finances, and attempted to generate negative stories about Mr. Browder and Hermitage in the media, shopping stories to a number of reporters.'" According to press reports, the Russian government also directly delivered a letter on the issue to a Congressional delegation visiting the country, which similarly sought to undermine the Justice Departments account of events by accusing Mr. Browder and Mr. Magnitsky ofa variety of crimes." The letter from the Russian government also stated: Changing attitudes to the Magnitsky story in Congress, obtaining reliable knowledge about real events and personal motives of those behind the lobbying of this destructive Act, taking into account the pre-election political situation may change the current climate in interstate relations. Such a situation could have a very favorable response from the Russian side on many key controversial issues and disagreements with the United States, including matters concerning the adoption procedures.'® © Browder Complaint, supra note 2; Isaac Amsdorf, FR Complaint tlleges Pro-Russian Lobbying, POLITICO (Dec. 8, 2016), " 1d; Chuck Ross, Oppo Researcher Behind Trump Dossier Is Linked 10 Pro-Kremlin Lobbying Effort, THE DAILY CALLER (lan. 13, 2017), Isaac Amsdort, F424 Complainr Alleges Pro-Russian Lohbying, Politico (Dee. 8, 2016). ° Michael Weiss, Putin's Dirty Game in he US. Congress, THE DAILY BEAST (May 18, 2016); see Isaac Arnsdorf, From Russia, With Love?, POLtico (Aug. 17, 2016). "© Mike Eckel, Russian ‘Gun-For-Hire’ Lurks in Shadows of Washington's Lobbying World, RADIO FREE EUROPE Rapio Liberty (July 17, 2016) "Isaac Amnsdort, FARA Complaint Alleges Pro-Russian Lobbying. Politica (Dee. 8, 2016); Chuck Ross, Oppo Researcher Behind Trump Dossier Is Linked to Pro-Kremlin Lobbying Efort, THE DAILY CALLER (Jan, 13, 2017) Michael Weiss, Putin's Dirty Game in he U.S. Congress, THE DAILY BEAST (May 18, 2016). "id, 108Mr. Dana Boente March 31,2017 Page 4 of 6 Itis particularly disturbing that Mr. Akhmetshin and Fusion GPS were working together on this pro-Russia lobbying effort in 2016 in fight of Mr. Akhmetshin’s history and reputation. Mr. Akhmetshin is a Russian immigrant to the U.S. who has admitted having been a “Soviet counterintelligence officer.”"* In fact, it has been reported that he worked for the GRU and allegedly specializes in “active measures campaigns,” ic., subversive political influence ‘operations often involving disinformation and propaganda.'® According to press accounts, Mr. Akhmetshin “is known in foreign policy circles as a key pro-Russian operator.”'® and Radio Free Europe described him as a “Russian “gun-for-hire” [who] lurks in the shadows of Washington’s lobbying world."” He was even accused in a lawsuit of organizing a scheme to hack the computers of one his client's adversaries." As you know, Fusion GPS is the company behind the creation of the unsubstantiated dossier alleging a conspiracy between President Trump and Russia. It is highly troubling that Fusion GPS appears to have been working with someone with ties to Russian intelligence -et alone someone alleged to have conducted political disinformation campaigns—as part of a pro- Russia lobbying effort while also simultaneously overseeing the creation of the Trump/Russia dossier. The relationship casts further doubt on an already highly dubious dossier. The actions of Mr. Akhmetshin, Fusion GPS, and the others described in Mr. Browder’, complaint appear to show that they acted on behalf of a foreign principal. This is exactly the type of activity Congress intended to reach with FARA, When properly enforced, FARA provides important transparency. However, in this case, because none of the parties involved in the anti-Magnitsky lobbying had properly registered under FARA, these suspicious connections were not appropriately documented and brought to public light. In fact, itis unclear whether the FBI was or is aware of Pusion GPS's pro-Russia lobbying and connection to Mr. Akhmetshin, or that these efforts coincided with the creation of the dossier. Presumably. such awareness would have informed the FBI's evaluation of the dossier’s credibility. This is why itis important for the Department of Justice to actually enforce FARA’s disclosure requirements "Isaac Amsdorf, FARA Complaint Alleges Pro-Russian Lobbying, POLrmico (Dee. 8, 2016). "© 4d, (*Akhmetshin used to spy’ forthe Soviets and "specializes inactive measures campaigns’... AKhmetshin acknowledged having been a Soviet counterinteligence officer”); Chuck Ross, Oppo Researcher Behind Trump Dossier fs Linked to Pro-Kremlin Lobbying Effort, THE DAILY CALLER (Jan. 13, 2017) Akhmetshin “was affiliated with GRU, Russia's main intelligence directorate"); STEVE LEVINE, THE OIL AND THE GLORY THE PURSUIT OF EMPIRE AND FORTUNE ON THE CASPIAN SEA 366 (2007) (describing how a former KGB officer turned businessman tured Kazahk politician “hired a lobbyist, and English-speaking, former Soviet Army counter-intlligence officer named Rinat Akhimetshin [and] the skilled AKhmetshin burrowed in with Washington reporters, think tank expert, administration bureaucrats, and key political figures"); Plaintiff's Complaint, international Mineral Resources Bi.) ¥: Rinat Akdometshin, ef al, No, 161682/201S, 2018 WL 7180277 (N.Y. Sup.) (*Akhmetshin isa former Soviet military counterintelligence officer who moved to Washington, D.C. to become a lobby st”), ‘Isaac Amsdor, From Russia, With Love?, POLITICO (Aug, 17, 2016), Mike Eckel, Russian ‘Gun-For-Hire' Lurks in Shadows of Washington's Lobbying World, RADIO FREE EUROPE/RADIO LIBERTY uly 17,2016) " J; PlaitifP’s Complaint, Jnternational Mineral Resources B.V: v Rinat AKhmetshin, et al, No. 161682/2015, 2015 WL 7180277 (N.Y. Sup. Ct.) 109