US DOJ 'Mueller' Investigation: the list keeps getting bigger

Mueller's list now includes an Australian citizen......

The Sydney Morning Herald, 16 November 2018:

WikiLeaks founder Julian Assange has been charged under seal, prosecutors inadvertently revealed in a recently unsealed court filing – a development that could significantly advance the probe into Russian interference in the 2016 US presidential election and have major implications for those who publish government secrets….

Special counsel Robert Mueller has also exploring the publication by WikiLeaks of emails from the Democratic National Committee and the account of Hillary Clinton campaign chairman John Podesta. Officials have alleged the emails were hacked by Russian spies and transferred to WikiLeaks.

Mueller has also been exploring, among other things, communications between the group and associates of President Donald Trump, including political operative Roger Stone and commentator and conspiracy theorist Jerome Corsi…..

And another Russian gets named....

Fortune, 19 October 2018:

A Russian national was charged by the U.S. for allegedly being one of the masterminds behind a conspiracy to interfere in both the 2016 and 2018 elections, marking the first charges related to next month’s congressional midterm vote.

The woman, identified as Elena Alekseevna Khusyaynova of St. Petersburg, Russia, allegedly served as the chief accountant for an operation known as “Project Lakhta,” the Justice Department said Friday in a statement. The department identified the operation as “a Russian umbrella effort funded by Russian oligarch Yevgeniy Viktorovich Prigozhin and two companies he controls, Concord Management and Consulting, and Concord Catering.”

The charges come as top U.S. law enforcement and intelligence agencies warn Americans about ongoing efforts by Russia, China and other foreign actors to interfere in the 2018 midterm and 2020 presidential elections.

The charges announced on Friday centered on a conspiracy that included the creation of thousands of social media and email accounts that appeared to be run by U.S. persons as part of what the conspirators referred to as “information warfare against the United States.”

US Dept. of Justice, Special Counsel's Office:

On May 17, 2017, Robert S. Mueller III was appointed by acting Attorney General Rod J. Rosenstein to serve as Special Counsel by the order below.

Order 3915-2017

U.S. v. Paul J. Manafort, Jr. (1:17-cr-201, District of Columbia)

Paul J. Manafort, Jr., of Alexandria, Va., pleaded guilty on September 14, 2018, to a superseding criminal information filed today in the District of Columbia, which includes conspiracy against the United States (conspiracy to commit money laundering, tax fraud, failing to file Foreign Bank Account Reports and Violating the Foreign Agents Registration Act, and lying and misrepresenting to the Department of Justice) and conspiracy to obstruct justice (witness tampering). A status report with regard to sentencing was scheduled for Nov. 16, 2018.

Superseding Criminal Information

Exhibits

Plea Agreement

Statement of the Offense

U.S. v. Viktor Borisovich Netyksho, et al (1:18-cr-215, District of Columbia)

A federal grand jury in the District of Columbia returned an indictment on July 13, 2018, against 12 Russian nationals for their alleged roles in computer hacking conspiracies aimed at interfering in the 2016 U.S. elections. The indictment charges 11 of the defendants with conspiracy to commit computer crimes, eight counts of aggravated identity theft, and conspiracy to launder money. Two defendants are charged with a separate conspiracy to commit computer crimes.

Indictment

U.S. v. Konstantin Kilimnik (1:17-cr-201, District of Columbia)

A federal grand jury in the District of Columbia returned a third superseding indictment on June 8, 2018, against Konstantin Kilimnik, of Moscow, Russia. Kilimnik is charged with conspiracy to obstruct justice and obstruction of justice.

Third Superseding Indictment

U.S. v. Richard W. Gates III (1:17-cr-201, District of Columbia)

Richard W. Gates III of Richmond, Va., pleaded guilty on Feb. 23, 2018, to a superseding criminal information that includes: count one of the indictment, which charges conspiracy against the United States, in violation of 18 U.S.C. 371 (which includes conspiracy to violate 26 U.S.C. 7206(1), 31 U.S.C. 5312 and 5322(b), and 22 U.S.C. 612, 618(a)(1), and 618(a)(2)), and a charge of making false statements to the Special Counsel’s Office and FBI agents, in violation of 18 U.S.C. 1001.

Superseding Criminal Information

Plea Agreement

Statement of the Offense

U.S. v. Paul J. Manafort, Jr., and Richard W. Gates III (1:18-cr-83, Eastern District of Virginia)

Paul J. Manafort, Jr., of Alexandria, Va., and Richard W. Gates III, of Richmond, Va., were indicted by a federal grand jury on Feb. 22, 2018, in the Eastern District of Virginia. The indictment contains 32 counts: 16 counts related to false individual income tax returns, seven counts of failure to file reports of foreign bank and financial accounts, five counts of bank fraud conspiracy, and four counts of bank fraud. On March 1, 2018, the court granted a motion to dismiss without prejudice the charges against Gates, following his guilty plea in a related case in the District of Columbia (1:17-cr-201). On Aug. 21, 2018, a federal jury found Manafort guilty on eight counts: counts 1-5, subscribing to a false individual income tax return for tax years 2010-2014; count 12, failure to file reports of foreign bank and financial accounts for year 2012; count 25, bank fraud; and count 27, bank fraud. The court declared a mistrial on 10 counts (counts 11, 13-14, 24, 26, 28-32). As part of his plea agreement on Sept. 14, 2018, Manafort admitted his guilt of the remaining counts against him in this case.

Indictment

U.S. v. Alex van der Zwaan (1:18-cr-31, District of Columbia)

Alex van der Zwaan, of London, pleaded guilty on Feb. 20, 2018, to making false statements to FBI agents, in violation of 18 U.S.C. 1001. Van der Zwaan was sentenced on April 3, 2018, to serve 30 days in prison and pay a $20,000 fine.

Criminal Information

Plea Agreement

Statement of the Offense

U.S. v. Internet Research Agency, et al (1:18-cr-32, District of Columbia)

A federal grand jury in the District of Columbia returned an indictment on Feb. 16, 2018, against 13 Russian nationals and three Russian entities accused of violating U.S. criminal laws in order to interfere with U.S. elections and political processes. The indictment charges all of the defendants with conspiracy to defraud the United States, three defendants with conspiracy to commit wire fraud and bank fraud, and five defendants with aggravated identity theft.

Indictment

U.S. v. Richard Pinedo, et al (1:18-cr-24, District of Columbia)

Richard Pinedo, of Santa Paula, Calif., pleaded guilty on Feb. 12, 2018, to identity fraud, in violation of 18 U.S.C. 1028. On Oct. 10, 2018, Pinedo was sentenced to serve six months in prison, followed by six months of home confinement, and ordered to complete 100 hours of community service.

Criminal Information

Plea Agreement

Statement of Offense

U.S. v. Michael T. Flynn (1:17-cr-232, District of Columbia)

Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., pleaded guilty on Dec. 1, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.

Criminal Information

Plea Agreement

Statement of the Offense

U.S. v. George Papadopoulos (1:17-cr-182, District of Columbia)

George Papadopoulos, of Chicago, Illinois, pleaded guilty on Oct. 5, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001. The case was unsealed on Oct. 30, 2017. On Sept. 7, 2018, Papadopoulos was sentenced to serve 14 days in prison, pay a $9,500 fine, and complete 200 hours of community service.

Criminal Information

Plea Agreement

Statement of the Offense

GJD Developments' Byron DA rejected by NSW Northern Joint Regional Planning Panel as “disrespecting the process”

A four-storey mixed use development covering three building lots totally 2,834m²  approx. 1km from Main Beach, comprising commercial premises, café, child care centre, 24 shop top residential units, 26 serviced apartments and underground parking for 120 cars, has failed to gain consent.

Echo NetDaily, 14 November 2018:

A contentious application to build a four-storey residential/commercial development at the southern end of Jonson Street has been refused by the Joint Regional Planning Panel, with one panelist branding it ‘disrespectful’.

There was a burst of applause from the public gallery as the panel unanimously rejected the $21.1m development at a meeting in Mullumbimby on Wednesday afternoon.

In doing so the panel went against a recommendation from Byron Council staff that the development be approved.

Instead, the panel accepted one of the main objections from locals, namely, that the proposed development was to be two-and-a-half metres above the current 9-metre height limit for that part of Byron.

This would have allowed the developer to squeeze a fourth storey into the building, going against resident’s long-held desire to maintain a three-storey CBD height limit.

In arguing that its proposal should be approved, the developer relied heavily on the fact that Byron Council has proposed to increase building height limits in this part of town to 11.5m.

But the panel found that until the proposed increase had gone through the appropriate community consultation processes and become law, the development could not be approved.

‘I’m concerned that we’re being asked to vary a height limit based on a proposal that hasn’t been subject to community consultation,’ panel member Pamela Westing said.

‘I find it disrespectful quite frankly, not to go through that process before making the application.’

Panel Chair Garry West agreed.

‘Who’s to say that, after the community consultation process, it [the new height limit] won’t come back to 10.5 metres or 10 meters?’ Mr West asked.

‘If we were to approve that at the moment we would be disrespecting the process.’

Earlier, the meeting heard from around a dozen residents and resident group representatives, all of whom objected to the proposal development.

Quote of the Week

"Scott Morrison is Dutton dressed up as lamb"  [Jenny Frecklington-Jones

@Triplejay58 ]

GIF of the Week

Look, the thing is, people said they wanted this as a gif!!!

#MadAsHell pic.twitter.com/kp2DPeOC7z

— Richard Au Tuffin 🌈 (@RichardTuffin) November 14, 2018

Yet other digital privacy betrayals

The global situation......

The Guardian, 14 November 2018:

Google has been accused of breaking promises to patients, after the company announced it would be moving a healthcare-focused subsidiary, DeepMind Health, into the main arm of the organisation.

The restructure, critics argue, breaks a pledge DeepMind made when it started working with the NHS that “data will never be connected to Google accounts or services”. The change has also resulted in the dismantling of an independent review board, created to oversee the company’s work with the healthcare sector, with Google arguing that the board was too focused on Britain to provide effective oversight for a newly global body.

Google says the restructure is necessary to allow DeepMind’s flagship health app, Streams, to scale up globally. The app, which was created to help doctors and nurses monitor patients for AKI, a severe form of kidney injury, has since grown to offer a full digital dashboard for patient records.

“Our vision is for Streams to now become an AI-powered assistant for nurses and doctors everywhere – combining the best algorithms with intuitive design, all backed up by rigorous evidence,” DeepMind said, announcing the transfer. “The team working within Google, alongside brilliant colleagues from across the organisation, will help make this vision a reality.”

DeepMind Health was previously part of the AI-focused research group DeepMind, which is officially a sibling to Google, with both divisions being owned by the organisation’s holding company Alphabet.

But the transfer and vision for Streams looks hard to reconcile with DeepMind’s previous comments about the app. In July 2016, following criticism that the company’s data-sharing agreement with the NHS was overly broad, co-founder Mustafa Suleyman wrote: “We’ve been clear from the outset that at no stage will patient data ever be linked or associated with Google accounts, products or services.”

Now that Streams is a Google product itself, that promise appears to have been broken, says privacy researcher Julia Powles: “Making this about semantics is a sleight of hand. DeepMind said it would never connect Streams with Google. The whole Streams app is now a Google product. That is an atrocious breach of trust, for an already beleaguered product.”......

Here in Australia......

Canberra Times, 15 November 2018, p.8:

The chairman of the agency responsible for the bungled My Health Record rollout has been privately advising a global healthcare outsourcing company. Fairfax Media discovered the relationship between the UK-based company Serco and the Australian Digital Health Agency (ADHA) chairman Jim Birch after obtaining a number of internal documents.

The revelation comes as Health Minister Greg Hunt was forced to extend the My Health Record opt- out period after a compromise deal with the Senate crossbench and a last-minute meltdown of the website left thousands of Australians struggling to meet the original deadline. 

Since April 2016, Mr Birch has been ADHA chairman with oversight of My HealthRecord, the online summary of key health information of millions of Australians. Documents from the ADHA, released under freedom of information laws, show Mr Birch registered his work for Serco in November 2017, but the relationship was never publicly declared.

After Fairfax Media submitted questions last week on whether the relationship posed a conflict of interest, Mr Birch quit the advisory role.

Serco has won a number of multibillion-dollar government contracts to privately run - and in some cases deliver healthcare in - some of Australia's prisons, hospitals and detention centres.

The ability of Serco to navigate the controversial area of digital health records would be invaluable to any future expansion plans.

A spokeswoman for federal Health Minister Greg Hunt said all board members had declared their interests.

"Board members do not have access to system operations, and board members cannot be present while a matter is being considered at a board meeting in which the member has an interest," she said.

Lisa Parker, a public health ethics expert at University of Sydney, said the public had been asked to trust the agency is acting in its best interests. She said they should make public any information relevant to that trust…..

The register also shows Mr Birch knows the chief executive of start-up Personify Care, Ken Saman, and has been giving him advice since August last year. The software company recently released "Personify Connect", a product that provides hospitals with "seamless integration" of its original patient monitoring platform with My Health Record.

Despite being scheduled to speak at a "Personify Care breakfast seminar" later this year, Mr Birch has never publicly declared this interest. Mr Birch is also chairman of another start-up called Clevertar that allows businesses to create "virtual agents" and offer "personalised healthcare support, delivered at scale". This relationship is on the public record. 

Public sector ethics expert Richard Mulgan, from Australian National University, said the chairman should submit to a higher standard than ordinary board members and distance himself from anything suggesting a conflict of interest.

He said perception was just as important as reality and the public, not the people involved, was the best judge of whether there was a problem.

"The personal interests register must be published," he said.

"The fact they haven't can only lead to the perception there are conflicts of which they are ashamed."

Mr Birch, Personify Care and Clevertar did not respond to Fairfax Media's questions.

A Serco spokesman confirmed the company met with Mr Birch "occasionally ... over the past 12 months regarding business management", but did not answer whether it paid him.......

The Courier Mail, 15 November 2018, p.4:

Your dietitian, dentist, podiatrist, occupational therapist or optometrist will be able to see if have a sexually transmitted disease or an addiction unless you set access controls to My Health ­Record.

Major new privacy concerns emerged after the Federal Government was yesterday forced into an embarrassing call to delay the rollout.

People trying to access the controversial My Health Record hotline and computer portal experienced major delays during a rush to opt out before the system was rolled out tomorrow.

Health Minister Greg Hunt was forced to delay the opt out period until January 31 after pressure from health groups and crossbench senators.

The Australian Medical Ass­ociation was the only major health group not calling for a delay.

The vast majority of groups were concerned the record would come into ­effect before key privacy and secu­rity upgrades had been passed by ­Parliament. AMA president Dr Tony Bartone denied its position was related to his need to keep the Health Minister onside while he negotiated key reforms to general practice care.

Australia’s Trump Lite is overseas seeing what other trade opportunities he can wreck

The Australian, 13 November 2018, p.2:

Scott Morrison has mounted the strongest defence of any allied leader so far of Donald Trump’s trade policies, denying that Washington has turned protectionist because of its imposition of tariffs on China.

“The US wants to see greater trade and more open trade and they want to see it on better terms,” the Prime Minister told The Australian in an interview in his Sydney office. “It is yet to be established that the US is pursuing a protectionist policy.” 

Mr Morrison said he did not agree with the protectionist ­interpretation of the administration’s trade policy.

Mr Morrison leaves today on a trip to Singapore and Papua New Guinea for APEC and ASEAN-related summits, during which he will meet US Vice-President Mike Pence, Chinese President Xi Jinping, Japan’s Prime Minister Shinzo Abe and a range of regional leaders.

He gave a distinctive reading of US trade policy.

“If I could summarise US policy, it is that what they’ve been doing until now has not produced that (freer trade) so there should not be an expectation that they’ll continue to do things the way they have been.” But Mr Morrison makes a controversial judgment: “That doesn’t mean their objective has changed — their objective being a more open, freer trading system around the world, with a rules-based order, and everybody ­respecting those rules and those rules not being stacked against any one group.

“They have particular views about how things affect them, then there are other issues around intellectual property and so on where we have said there are some real issues here and things that need to be resolved.” Stressing that it was too early to conclude that the US had made a long-term switch to protectionism, he said: “You can only judge it on the results, not the rhetoric, so let’s see.” Mr Morrison cited the trade deals the Trump administration had done with Canada and Mex­ico and said many commentators saw early Trump trade moves against those nations as indicating long-term protectionism, but the result was new trade deals.

Mr Morrison also stressed that his government was not taking a position for or against the US or China in their trade dispute: “We’re not really judging either party in this because we trade with both and we’ve been successful (with both), whether it’s staying clear of US tariffs on steel and aluminium or with China, which is our biggest trading partner.

“We maintain a pragmatic ­balance.” This is Mr Morrison’s first Asian summit season, but soon after the APEC and East Asia summits he will attend a G20 summit, where he will meet the US President.

Early yesterday, in an interview with David Speers on Sky TV, he slightly misstated government policy when he said definitively that territory in the South China Sea was not Chinese territory.

He cleared this up in a series of later interviews, confirming that Canberra does not take a position on the merits of respective nations’ claims to territory in the South China Sea……

BACKGROUND

Crikey, 12 November 2018:

Morrison’s “stop asking questions from the Labor Party” diktat to the ABC has taken Australia one step closer to a political discourse dominated by Trumpian semiotics of “fake news” and “enemies of the people”.

Like Trump, Morrison’s aim was to undermine the media — and particularly the ABC — in the minds of that mythical creature, the Liberal Party base, and help out News Corp on the way through.

It came in the same week that Trump ramped-up his own war on journalists: revoking White House clearance from CNN’s Jim Acosta, dismissing another reporter’s “stupid questions” and calling a third a “loser”.

For a journalist, Morrison’s insult is greater. Trump’s name-calling is straight out of the primary school playground; Morrison’s crack goes to the heart of personal and craft integrity…..

The “journalist as enemy of the people” trope is perhaps the most institutionally damaging part of Trumpian semiotics adopted by Morrison. But it’s not the only one.

He seems to be aiming for the Trump look, too. There’s the now-ubiquitous base-ball cap, with Australian branding substituting “Make America Great Again”. There’s the single thumbs-up to say “we’re in this together” to go along with the trademark Trump two handed thumbs-up.

The social media of choice — multi-platform video snippets — similarly taunt with a “laugh-at-me or laugh-with-me, but notice me” Trump sensibility.

His prime ministerial speech patterns reflect both the Trumpian blather of his opening press statement (“a fair go for those who have a go”) interspersed with the cut-through insults: “Bill Shorten is union bred, union fed, union led.” Morrison’s insults do have somewhat more political content than the personalised “Lyin Ted”, and “Little Marco” that Trump pulled out during the 2016 election. 

Policy commitments tend to be the same vague generalities (“we’re gonna fix this”) and he uses the same thought bubble technique (Jerusalem, anyone?) to focus the debate on him, for good or ill.

Meanwhile, Trump has shown he’s willing to learn from Australia, as he famously suggested in his “you’re worse than I am” compliment to Turnbull. The “migrant caravan” that dominated right-wing discourse in the lead-up to the US mid-terms would have chimed in Australian minds with the familiar sound:  Tampa, Manus, Nauru.

Has Morrison's loose lips sunk the Indonesia-Australia Comprehensive Economic Partnership Agreement

The populous Indonesian archipelago is one of our nearest northern neighbours. This predominantly Muslim nation is a significant trading partner which purchased $7.03 billion worth of goods and services from Australian business/industry in 2017.

On 24 August 2018 when Scott John Morrison walked over the political corpse of Malcolm Bligh Turnbull to become Australia’s 30^th prime minister the Indonesia-Australia Comprehensive Economic Partnership Agreement was well on its way to being signed by both governments.

Dept. Foreign Affairs and Trade, 2018:

Australia and Indonesia announced the substantive conclusion of negotiations on the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA) on 31 August 2018. This agreement will launch a new chapter in economic relations between Australia and Indonesia…..

Indonesia is a growing market for Australian goods and services exporters. In 2017, total two-way trade in goods and services with Indonesia was worth $16.4 billion, making Indonesia our 13th largest trading partner. IA-CEPA will provide Australian and Indonesian businesses an opportunity to expand and diversify this economic partnership.

IA-CEPA builds on commitments under our existing free trade agreement, the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) across goods, services and investment.

In addition to reducing non-tariff barriers to trade and simplifying paperwork, IA-CEPA will allow 99% of Australia's goods exports to enter Indonesia duty free or with significantly improved preferential arrangements. All Indonesia's goods exports will enter Australia duty free.

IA-CEPA will improve conditions for services suppliers and the climate for two-way investment. Australian services suppliers and investors will have greater certainty for entry and operation in the Indonesian market, helping to facilitate more Australian investment in Indonesia. This will create more opportunities for Australians to help meet Indonesia's growing needs for investment and for the supply of world class services in its market.

Both sides will 'scrub' the full text of the agreement, to verify its accuracy and internal legal consistency.  The agreement will be translated into Indonesian with the Indonesian and English versions being equally authentic.  Once translated, the agreement will be ready for formal signature.  The full text of the agreement will be released publicly once it has been signed.

After signature, Australia and Indonesia will then follow their domestic treaty making processes to bring IA-CEPA into force. For Australia, this will include tabling the text of the agreement in Parliament and an inquiry by the Joint Standing Committee on Treaties (JSCOT). [my yellow highlighting]

By Day 81 of his time as prime minister Morrison had managed to publicly offend moderate Muslims here and around the world not once but twice and, the Agreement which was to be signed before the end of the week has now been delayed indefinitely by Indonesia.

Scott Morrison captain's call over the status of Jerusalem in particular was a grave error -based as it was on Pentacoastal teachings and not existing Australia Government policy.

He needs to think before he opens his mouth in future.