On a dark night at the tail end of last winter, just a month after the inauguration of the new American president, an evening when only a sickle moon hung in the Levantine sky, two Israeli Sikorsky CH-53 helicopters flew low across Jordan and then, staying under the radar, veered north toward the twisting ribbon of shadows that was the Euphrates River. On board, waiting with a professional stillness as they headed into the hostile heart of Syria, were Sayeret Matkal commandos, the Jewish state’s elite counterterrorism force, along with members of the technological unit of the Mossad, its foreign-espionage agency. Their target: an ISIS cell that was racing to get a deadly new weapon thought to have been devised by Ibrahim al-Asiri, the Saudi national who was al-Qaeda’s master bombmaker in Yemen.
It was a covert mission whose details were reconstructed for Vanity Fair by two experts on Israeli intelligence operations. It would lead to the unnerving discovery that ISIS terrorists were working on transforming laptop computers into bombs that could pass undetected through airport security. U.S. Homeland Security officials—quickly followed by British authorities—banned passengers traveling from an accusatory list of Muslim-majority countries from carrying laptops and other portable electronic devices larger than a cell phone on arriving planes. It would not be until four tense months later, as foreign airports began to comply with new, stringent American security directives, that the ban would be lifted on an airport-by-airport basis.
In the secretive corridors of the American espionage community, the Israeli mission was praised by knowledgeable officials as a casebook example of a valued ally’s hard-won field intelligence being put to good, arguably even lifesaving, use.
Yet this triumph would be overshadowed by an astonishing conversation in the Oval Office in May, when an intemperate President Trump revealed details about the classified mission to Russia’s foreign minister, Sergey V. Lavrov, and Sergey I. Kislyak, then Russia’s ambassador to the U.S. Along with the tempest of far-reaching geopolitical consequences that raged as a result of the president’s disclosure, fresh blood was spilled in his long-running combative relationship with the nation’s clandestine services. Israel—as well as America’s other allies—would rethink its willingness to share raw intelligence, and pretty much the entire Free World was left shaking its collective head in bewilderment as it wondered, not for the first time, what was going on with Trump and Russia. (In fact, Trump’s disturbing choice to hand over highly sensitive intelligence to the Russians is now a focus of special counsel Robert Mueller’s investigation into Trump’s relationship with Russia, both before and after the election.) In the hand-wringing aftermath, the entire event became, as is so often the case with spy stories, a tale about trust and betrayal.
And yet, the Israelis cannot say they weren’t warned.
In the American-Israeli intelligence relationship, it is customary for the Mossad station chief and his operatives working under diplomatic cover out of the embassy in Washington to go to the C.I.A.’s Langley, Virginia, headquarters when a meeting is scheduled. This deferential protocol is based on a realistic appraisal of the situation: America is a superpower, and Israel, as one of the country’s senior intelligence officials recently conceded with self-effacing candor, is “a speck of dust in the wind.”
Nevertheless, over the years the Israeli dust has been sprinkled with flecks of pure intel gold. It was back in 1956, when the Cold War was running hot, that Israeli diplomats in Warsaw managed to get their hands on the text of Soviet premier Nikita Khrushchev’s top-secret speech to the Twentieth Party Congress in Moscow. Khrushchev’s startling words were a scathing indictment of Stalin’s three decades of oppressive rule, and signalled a huge shift in Soviet dogma—just the sort of invaluable intelligence the C.I.A. was eager to get its hands on. Recognizing the value of what they had, the Israelis quickly delivered the text to U.S. officials. And with this unexpected gift, a mutually beneficial relationship between the resourceful Jewish spies and the American intelligence Leviathan began to take root.
Over the ensuing decades it has expanded into a true working partnership. The two countries have gone as far as to institutionalize their joint spying. The purloined documents released to the press by Edward Snowden, for example, revealed that the N.S.A., the American electronic-intelligence agency that eavesdrops on the world, and Unit 8200, its Israeli counterpart, have an agreement to share the holiest of intelligence holies: raw electronic intercepts. And the two countries inventively worked in tandem, during the administration of George W. Bush and continuing with President Obama, on Operation Olympic Games, creating and disseminating the pernicious computer viruses that succeeded in damaging Iran’s uranium-enrichment centrifuges. American and Israeli spooks have even killed together. In 2008, after President George W. Bush signed off on the operation, the C.I.A. cooperated with agents from the Mossad’s Kidon—the Hebrew word for “bayonet,” an appropriate name for a sharp-edged unit that specializes in what Israeli officials euphemistically call “targeted prevention.” The shared target was Imad Mughniyah, the Hezbollah international operations chief, and any further terrorist acts he’d been planning were quite effectively prevented: Mughniyah was blown to pieces, body parts flying across a Damascus parking lot, as he passed an S.U.V. containing a specially-designed C.I.A. bomb. But like any marriage, the cozy—yet inherently unequal—partnership between the American and Israeli intelligence agencies has had its share of stormy weather. In fact, an irreparable divorce seemed likely in 1985 after it was discovered that Israel was running a very productive agent, Jonathan Pollard, inside U.S. Naval Intelligence. For a difficult period—measured out in years, not months—the American spymasters fumed, and the relationship was more tentative than collaborative.
But spies are by instinct and profession a pragmatic breed, and so by the 1990s the existence of shared enemies, as well as shared threats, worked to foster a reconciliation. Besides, each had something the other needed: Israel had agents buried deep in neighboring Arab countries, producing “HUMINT,” as the jargon of the trade refers to information obtained by human assets. While the U.S. possessed the best technological toys its vast wealth could buy; its “SIGINT,” or signals intelligence, could pick up the chatter in most any souk in the Arab world.
And so by the time of Trump’s election, despite the snarky, rather personal feud between Prime Minister Netanyahu and President Obama, the two countries’ spies were back playing their old tricks. Together they were taking on a rogues’ gallery of common villains: al-Qaeda, Hamas, Hezbollah, and the Islamic State. “We are the front line,” a high-ranking Israeli military official bragged to me, “in America’s war on terror.” Over recent months, the U.S. intelligence windfall has been particularly bountiful. Israel, according to sources with access to the activities of the Mossad and Unit 8200, has delivered information about Russia’s interaction with the Syrian, Iranian, and Hezbollah forces taking the field in the Syrian civil war. And there is little that gets American military strategists more excited than learning what sort of tactics Russia is employing.
It was against this reassuring backdrop of recent successes and shared history, an Israeli source told Vanity Fair, that a small group of Mossad officers and other Israeli intelligence officials took their seats in a Langley conference room on a January morning just weeks before the inauguration of Donald Trump. The meeting proceeded uneventfully; updates on a variety of ongoing classified operations were dutifully shared. It was only as the meeting was about to break up that an American spymaster solemnly announced there was one more thing: American intelligence agencies had come to believe that Russian president Vladimir Putin had “leverages of pressure” over Trump, he declared without offering further specifics, according to a report in the Israeli press. Israel, the American officials continued, should “be careful” after January 20—the date of Trump’s inauguration. It was possible that sensitive information shared with the White House and the National Security Council could be leaked to the Russians. A moment later the officials added what many of the Israelis had already deduced: it was reasonable to presume that the Kremlin would share some of what they learned with their ally Iran, Israel’s most dangerous adversary.
Currents of alarm and anger raced through those present at the meeting, says the Israeli source, but their superiors in Israel remained unconvinced—no supporting evidence, after all, had been provided—and chose to ignore the prognostication.
The covert mission into the forbidden plains of northern Syria was a “blue and white” undertaking, as Israel, referring to the colors of its flag, calls ops that are carried out solely by agents of the Jewish state.
Yet—and this is an ironclad operational rule—getting agents in and then swiftly out of enemy territory under the protection of the nighttime darkness can be accomplished only if there is sufficient reconnaissance: the units need to know exactly where to strike, what to expect, what might be out there waiting for them in the shadows. For the mission last winter that targeted a cell of terrorist bombers, according to ABC News, citing American officials, the dangerous groundwork was done by an Israeli spy planted deep inside ISIS territory. Whether he was a double agent Israel had either turned or infiltrated into the ISIS cell, or whether he was simply a local who’d happened to stumble upon some provocative information he realized he could sell—those details remain locked in the secret history of the mission.
What is apparent after interviews with intelligence sources both in Israel and the U.S. is that on the night of the infiltration the helicopters carrying the blue-and-white units came down several miles from their target. Two jeeps bearing Syrian Army markings were unloaded, the men hopped in, and, hearts racing, they drove as if it had been the most natural of patrols into the pre-dawn stillness of an enemy city.
“A shadow unit of ghosts” is what the generals of Aman, Israel’s military-intelligence organization, envisioned when they set up Sayeret Matkal. And on this night the soldiers fanned out like ghosts in the shadows, armed and on protective alert, as the Mossad tech agents did their work.
Again, the operational details are sparse, and even contradictory. One source said the actual room where the ISIS cell would meet was spiked, a tiny marvel of a microphone placed where it would never be noticed. Another maintained that an adjacent telephone junction box had been ingeniously manipulated so that every word spoken in a specific location would be overheard.
The sources agree, however, that the teams got in and out that night, and, even before the returning choppers landed back in Israel, it was confirmed to the jubilant operatives that the audio intercept was already up and running.
Now the waiting began. From an antenna-strewn base near the summit of the Golan Heights, on Israel’s border with Syria, listeners from Unit 8200 monitored the transmissions traveling across the ether from the target in northern Syria. Surveillance is a game played long, but after several wasted days 8200’s analysts were starting to suspect that their colleagues had been misinformed, possibly deliberately, by the source in the field. They were beginning to fear that all the risk had been taken without any genuine prospect of reward.
Then what they’d been waiting for was suddenly coming in loud and clear, according to Israeli sources familiar with the operation: it was, as a sullen spy official described it, “a primer in constructing a terror weapon.” With an unemotional precision, an ISIS soldier detailed how to turn a laptop computer into a terror weapon that could pass through airport security and be carried on board a passenger plane. ISIS had obtained a new way to cause airliners to explode suddenly, free-falling from the sky in flames. When the news of this frightening ISIS lecture arrived at Mossad’s headquarters outside Tel Aviv, officials quickly decided to share the field intelligence with their American counterparts. The urgency of the highly classified information trumped any security misgivings. Still, as one senior Israeli military official suggested, the Israeli decision was also egged on by a professional vanity: they wanted their partners in Washington to marvel at the sort of impossible missions they could pull off.
They did. It was a much-admired, as well as appreciated, gift—and it scared the living hell out of the American spymasters who received it.
On the cloudy spring morning of May 10, just an uneasy day after the president’s sudden firing of F.B.I. director James B. Comey, who had been leading the probe into possible collusion between the Trump campaign and Russian operatives, a beaming President Trump huddled in the Oval Office with Sergey Lavrov and Sergey Kislyak.
And, no less improbably, Trump seemed not to notice, or feel restrained by, the unfortunate timing of his conversation with Russian officials who were quite possibly co-conspirators in a plot to undermine the U.S. electoral process. Instead, full of a chummy candor, the president turned to his Russian guests and blithely acknowledged the elephant lurking in the room. “I just fired the head of the F.B.I.,” he said, according to a record of the meeting shared with The New York Times. “He was crazy, a real nut job.” With the sort of gruff pragmatism a Mafia don would use to justify the necessity of a hit, he further explained, “I faced great pressure because of Russia. That’s taken off.” Yet that was only the morning’s perplexing prelude. What had been an unseemly conversation between the president and two high-ranking Russian officials soon turned into something more dangerous.
“I get great intel,” the president suddenly boasted, as prideful as if he were bragging about the amenities at one of his company’s hotels. “I have people brief me on great intel every day.”
He quickly went on to share with representatives of a foreign adversary not only the broad outlines of the plot to turn laptop computers into airborne bombs but also at least one highly classified operational detail—the sort of sensitive, locked-in-the-vault intel that was not shared with even Congress or friendly governments. The president did not name the U.S. partner who had spearheaded the operation. (Journalists, immediately all over the astonishing story, would soon out Israel). But, more problematic, President Trump cavalierly identified the specific city in ISIS-held territory where the threat had been detected.
As for the two Russians, there’s no record of their response. Their silence would be understandable: why interrupt the flow of information? But in their minds, no doubt they were already drafting the cable they’d send to the Kremlin detailing their great espionage coup.
So why? Why did a president who has time after volatile time railed against leakers, who has attacked Hillary Clinton for playing fast and loose with classified information, cozy up to a couple of Russian bigwigs in the Oval Office and breezily offer government secrets?
Any answer is at best conjecture. Yet in the search for an important truth, consider these hypotheses, each of which has its own supporters among past and current members of the U.S. intelligence community.
The first is a bit of armchair psychology. In Trump’s irrepressible way of living in the world, wealth is real only if other people believe you’re rich. If you don’t flaunt it, then you might as well not have it.
So there is the new president, shaky as any bounder might be in the complicated world of international politics, sitting down to a head-to-head with a pair of experienced Russians. How can he impress them? Get them to appreciate that he’s not some lightweight, but rather a genuine player on the world stage?
There’s also the school of thought that the episode is another unfortunate example of Trump’s impressionable worldview being routinely shaped by the last thing he’s heard, be it that morning’s broadcast of Fox & Friends or an intelligence briefing in the Oval Office. As advocates of this theory point out, the president was likely told that one of the issues still on his guests’ minds would be the terrorist explosion back in October 2015 that brought down a Russian passenger plane flying above Egypt’s Sinai Peninsula, killing all 224 people on board. With that seed planted in the president’s undisciplined mind, it’s a short leap for him to be off and running to the Russians about what he knew about an ISIS scheme to target passenger aircraft.
Yet there is also a more sinister way to connect all the dots. There are some petulant voices in official Washington who insist that the president’s treachery was deliberate, part of his longtime collaboration with the Russians. It is a true believer’s orthodoxy, one which predicts that the meeting will wind up being one more damning count in an indictment that Robert Mueller, the special counsel, will ultimately nail to the White House door.
But, for now, to bolster their still very circumstantial case, they point to a curiosity surrounding the meeting in the Oval Office—U.S. journalists were kept out. And, no less an oddity, the Russian press was allowed in. It was the photographer from TASS, the state-run Russian news agency, who snapped the only shots that documented the occasion for posterity. Or, for that matter, for the grand jury.
But ultimately it is the actions of men, not their motives, that propel history forward. And the president’s reckless disclosure continues to wreak havoc. On one level, the greatest casualty was trust. The president was already waging a perilous verbal war with the U.S. intelligence agencies. His sharing secrets with the Russians has very likely ground whatever remnants of a working relationship had survived into irreparable pieces. “How can the agency continue to provide the White House with intel,” challenged one former operative, “without wondering where it will wind up?” And he added ominously, “Those leaks to The New York Times and The Washington Post about the investigations into Trump and his cohorts is no accident. Trust me: you don’t want to get into a pissing match with a bunch of spooks. This is war.”
And what about America’s vital intelligence relationships with its allies? Former C.I.A. deputy director Michael Morell publicly worried, “Third countries who provide the United States with intelligence information will now have pause.”
In Israel, though, the mood is more than merely wary. “Mr. Netanyahu’s intelligence chiefs . . . are up in arms,” a prominent Israeli journalist insisted in The New York Times. In recent interviews with Israeli intelligence sources the frequently used operative verb was “whiten”—as in “certain units from now on will whiten their reports before passing them on to agencies in America.”
What further exacerbates Israel’s concerns—“keeps me up at night” was how a government spymaster put it—is that if Trump is handing over Israel’s secrets to the Russians, then he just might as well be delivering them to Iran, Russia’s current regional ally. And it is an expansionist Iran, one Israeli after another was determined to point out in the course of discussions, that is arming Hezbollah with sophisticated rockets and weaponry while at the same time becoming an increasingly visible economic and military presence in Syria.
“Trump betrayed us,” said a senior Israeli military official bluntly, his voice stern with reproach. “And if we can’t trust him, then we’re going to have to do what is necessary on our own if our back is up against the wall with Iran.” Yet while appalled governments are now forced to rethink their tactics in future dealings with a wayward president, there is also the dismaying possibility that a more tangible, and more lethal, consequence has already occurred. “The Russians will undoubtedly try to figure out the source or the method of this information to make sure that it is not also collecting on their activities in Syria—and in trying to do that they could well disrupt the source,” said Michael Morell.
What, then, was the fate of Israel’s agent in Syria? Was the operative exfiltrated to safety? Has he gone to ground in enemy territory? Or was he hunted down and killed? One former Mossad officer with knowledge of the operation and its aftermath will not say. Except to add pointedly, “Whatever happened to him, it’s a hell of price to pay for a president’s mistake.”
CAN WE HELP?
Ivanka Trump and Jared Kushner attend a press conference in the White House Rose Garden.
Photo: By Zach Gibson/Bloomberg/Getty Images.
German chancellor Angela Merkel, Kushner, President Donald Trump, and Ivanka Trump at the White House.
Photo: By Shealah Craighead/White House/Polaris.
Kushner, Trump, and their children disembark from Air Force One in West Palm Beach.
Photo: From A.P. Images/REX/Shutterstock.
Lebanese delegates and journalists pose for selfies with Trump and Kushner in the Rose Garden.
Photo: By Chip Somodevilla/Getty Images.
Trump and Kushner dance at Donald Trump’s “Liberty” Inaugural Ball.
Photo: By Brian Snyder/Reuters.
Kushner whispers to Trump during a welcoming ceremony for her father at Ben Gurion International Airport in Tel Aviv, Israel.
Photo: By Jonathan Ernst/Reuters.
The couple seen arriving with their three children at JFK International Airport, where they boarded Marine One.
Photo: From Xinhua/Alamy Stock Photo.
New York Times
Trump Organization Will Walk Away From Its Struggling SoHo Hotel in New York
New York Times
Felix Sater, a Russian deal maker, felon and F.B.I. informant, had helped facilitate the deal, the lawsuit said. As time went on, the connection with Mr. Sater caused headaches for Mr. Trump through the campaign and the first year of his presidency …
Felix Sater – Google News
Ницца, проклятое место место российского сенатора Сулеймана Керимова. Одни несчастья. Сначала авария с Тиной Канделаки. Теперь арест. Наблюдатели полагают, что это прямой удар по Владимиру Путину. Разбираемся с Дмитрием Гудковым, Иваном Стариковым, Сергеем Ежовым и Сергеем Пугачевым.
Ведущая Елена Рыковцева.
U.S. News & World Report
The Past and Present of Trump’s Russia Ties
U.S. News & World Report
As good would have been Luke Harding, an investigative reporter for London’s The Guardian and author of “Collusion: Secret Meetings, Dirty Money, and How Russia Helped Donald Trump Win.” It’s already high on Amazon’s best-seller list, including at the …
Opinion A column or article in the Opinions section (in print, this is known as the Editorial Pages).
There has never been a presidential campaign with as many connections to a hostile foreign power as the Trump 2016 presidential campaign. Each day brings new revelations of foreign connections — with Russia, Russian cut-outs and/or Russian surrogates.
[Jared Kushner] failed to disclose meetings on his security clearance forms, we know that. He attended that June 2016 Trump Tower meeting where Russian lawyers who said they had dirt on Hillary Clinton came to meet Donald Trump Jr. … He met with a Russian banker — close to Putin, under sanctions — during the transition. He sent an email to Hope Hicks about Trump Jr. and WikiLeaks, did not disclose he was using a personal email account for some of this business.
In addition, Kushner’s New York Observer had a friendly relationship with Julian Assange, as Foreign Policy documented:
The multiplicity of Russian contacts can’t be a coincidence
Third, the mound of evidence provides motive for Trump to try to interfere with the Russia investigation and, specifically, to fire former FBI director James B. Comey. There is plenty that Trump and Kushner, who urged that Comey be fired, would not …
james b. comey – Google News
Saad Hariri, Lebanon’s prime minister, rescinded his resignation after returning to Lebanon and meeting with President Michel Aoun, Reuters reported. Hariri said he agreed with Aoun that it would benefit Lebanon’s stability for Hariri to continue as prime minister. The announcement puts the political crisis in Lebanon that began when Hariri said was he resigning while on a trip to Saudi Arabia on Nov. 4.
Secretary of State Rex Tillerson said Myanmar’s military carried out a campaign of ethnic cleansing against Rohingya Muslims, the Washington Post reported. The military operations against the Rohingya population have caused over 600,000 Rohingya to flee to neighboring Bangladesh. The U.S. joins a chorus of international organizations that have described the atrocities in Myanmar as ethnic cleansing.
Special Counsel Robert Mueller is investigating Jared Kushner’s interactions with foreign leaders during the presidential transition, the Wall Street Journal reported. Mueller’s team is looking into Kushner’s role in a dispute at the U.N. over a resolution condemning Israeli settlement activity. Kushner initially failed to list any foreign contacts on his security clearance form but later updated it to include over 100 instances of contact with foreign representatives.
The American-led U.N. Command in South Korea said North Korea violated the terms of the 1953 truce when its troops fired on one of their own soldiers defecting across the demilitarized zone, the Times reported. The U.N. Command—which oversees the armistice that ended hostilities on the Korean peninsula—said North Korea breached the ceasefire agreement when its soldiers fired across the border line and when one of its troops went on the other side of the line.
A U.S. Navy transport plane crashed into the ocean near Japan, the Post reported. The U.S. 7th Fleet said its ships had rescued eight of the 11 passengers on the plane, leaving three still missing. The incident is the latest in a series of accidents among 7th Fleet forces, including two collisions between U.S. warships and civilian ships that left seventeen dead.
The U.S. attorney’s office in the southern district of New York denied Turkey’s allegations that the office is carrying out politically motivated prosecutions, the Times reported. Turkey has charged that the case against Reza Zarrab, a Turkish businessman accused of evading U.S. sanctions on Iran, is motivated by political opposition to the Turkish government. Acting U.S. Attorney Joon Kim denied that Gulenists, a group of political opponents to the Turkish regime, had any role in the case.
A U.N. tribunal convicted Ratko Mladic, the former Bosnian-Serb commander, of war crimes, genocide and crimes against humanity in the wars following the breakup of Yugoslavia, the Times reported. Mladic led the Bosnian-Serb military operations that killed thousands of Muslims and Croats at the siege of Sarajevo, in concentration camps and in massacres like that at Srebrenica that killed 8,000 Muslims. The verdict is one of the last for the International Criminal Tribunal for the former Yugoslavia, which convicted Bosnian-Serb Radovan Karadzic of similar crimes last year.
A U.S. airstrike in central Somalia killed over 100 al-Shabab militants on Tuesday, Reuters reported. The pace of U.S. strikes against militants in Somalia has increased dramatically since a bombing in Mogadishu, Somalia’s capital, that killed hundreds in October. The Department of Defense said it had coordinated with Somalia’s government to orchestrate the strike.
ICYMI: Yesterday on Lawfare
Garrett Hinck outlined the threats against submarine communications cables and the legal regime protecting them.
Robyn Greene argued that polling data suggests Americans are generally concerned about their privacy despite findings that they are apathetic about specific surveillance programs.
Stewart Baker shared the Cyberlaw Podcast, featuring an interview with David Ignatius about his new book, “The Quantum Spy.”
Amanda Sloat explained why the Reza Zarrab case is matter of high interest to the Turkish government.
Daniel Byman analyzed the significance of decision to put North Korea back on the list of state sponsors of terrorism.
Paul Rosenzweig posted a video of a Federalist Society panel on international counterterrorism surveillance cooperation.
Vanessa Sauter shared the Lawfare Podcast, featuring an interview between Benjamin Wittes and Gordon Wood about the relationship between John Adams and Thomas Jefferson.
Email the Roundup Team noteworthy law and security-related articles to include, and follow us on Twitter and Facebook for additional commentary on these issues. Sign up to receive Lawfare in your inbox. Visit our Events Calendar to learn about upcoming national security events, and check out relevant job openings on our Job Board.
President Trump pardons “Wishbone” and “Drumstick”
President trump continues at Thanksgiving tradition at the White House a presidential pardon for drumstick. In the annual tradition does before the Thanksgiving holiday president trump pardoned at 36 pound gambler named drumstick. The feather full blue …
RadioFreeEurope/RadioLiberty–21 hours ago
Financial Times–Nov 21, 2017
Deutsche Welle–12 minutes ago
International–RFI–3 hours ago
International–The Local France–56 minutes ago
‘Poor man’s version of Don King’: Trump continues his war of words with LaVar Ball
President Trump began the day before Thanksgiving on Twitter, calling out those who he claims have not, in fact, given him their proper thanks. His target, again: LaVar Ball, who Trump had previously called “very ungrateful” for the president’s help in …
Trump lashes out at Ball, says he is an ‘Ungrateful fool!’The Hill
‘Poor man’s Don King’: Trump takes aim at hoops dad LaVar Ball as feud escalatesFox News
Trump labels father of UCLA player an ‘ungrateful fool’ABC News
CBS News –New York Times –Business Insider –NBCNews.com
all 209 news articles »
Telecom and internet companies are expected to lobby hard in Washington — and directly to the public — as they did when the current rules were adopted.
Some internet companies were expected to put up a fight to prevent the proposal from taking hold. The Internet Association, an industry group, joined a legal effort in 2015 to protect the existing rules. The agency has already received 20 million public comments, many of them in opposition of changing the rules, since Mr. Pai announced the broad outlines of his thinking early this year.
The big companies that provide internet access to phones and computers have fought for years against broadband regulations. Under the new plan, broadband providers will be able to block access, slow down or speed up service for its business partners in some cases — as long as they notify customers.
“This action will return broadband in the U.S. to a regulatory regime that emphasizes private investment and innovation over lumbering government intervention,” said Joan Marsh, a vice president at AT&T.
Big online companies like Google and Facebook say the repeal proposal would allow telecom companies to play favorites by charging customers for accessing some sites or by slowing speeds to others. The existing rules were written to prevent such arrangements, adopting a policy often called net neutrality.
“We are disappointed that the proposal announced today by the F.C.C. fails to maintain the strong net neutrality protections that will ensure the internet remains open for everyone,” Erin Egan, a vice president at Facebook, said in a statement. “We will work with all stakeholders committed to this principle.”
Small online companies believe the proposal would hurt innovation, because telecom companies could force them to pay more for the faster connections. Only the largest companies, they say, would be able to afford the expense of making sure their sites received preferred treatment. Companies like Etsy and Pinterest, for example, credit their start to the promise of free and open access on the internet.
And consumers, the online companies say, may see their costs go up if, for example, they want high-quality access to popular websites like Netflix, a company that depends on fast connections for its streaming videos. Netflix said on Tuesday that it opposed Mr. Pai’s proposal.
The action “represents the end of net neutrality as we know it and defies the will of millions of Americans,” said Michael Beckerman, chief executive of the Internet Association, a lobbying group that represents Google, Facebook, Amazon and other tech companies.
Mr. Pai said the current rules had been adopted to stop only theoretical harm. He said the rules limit consumer choice because telecom companies cannot offer different tiers of service, for example. As a result, he said, internet service companies cannot experiment with new business models that could help them compete with online businesses like Netflix, Google and Facebook.
“It’s depressed investment in building and expanding broadband networks and deterred innovation,” Mr. Pai said Tuesday.
Comcast, one of the country’s biggest broadband companies, said it would not slow websites that contain legally permitted material.
“We do not and will not block, throttle, or discriminate against lawful content — and we will be transparent with our customers about these policies,” the company said.
In a call with reporters, F.C.C. officials said the blocking and slowing of some content could be seen as anticompetitive. Those practices, they said, would be policed by the Federal Trade Commission or the Justice Department.
The plan to repeal the existing rules, passed in 2015, would reverse a hallmark decision by the agency to consider broadband a public utility, as essential as phones and electricity. The earlier decision created the legal foundation for the current rules and underscored the importance of high-speed internet service. It was put in place by Tom Wheeler, an F.C.C. chairman under President Obama.
Mr. Pai, who was appointed chairman by President Trump in January, has eliminated numerous regulations during his first year.
The agency has stripped down rules governing television broadcasters, newspapers and telecom companies that were meant to protect the public interest. On Tuesday, in addition to the net neutrality rollback, Mr. Pai announced a plan to eliminate a rule limiting any corporation from controlling broadcasts that can reach more than 39 percent of American homes.
The fight over net neutrality could end up being one of his biggest and most fraught decisions. For more than a decade, the agency has struggled with how to regulate internet service, leading to extended legal battles. The rules adopted under Mr. Wheeler were upheld in 2016 by a federal appeals court in Washington.
The proposal released on Tuesday will probably make its way to court as well. And companies like Google and Facebook are expected to push the public to speak out against the plan. They coordinated a huge online protest against the possible changes in July.
Some of the lobbying could take place in Congress, even though it may change little because Republicans control both houses. Nevertheless, Democrats have vowed to try to reconstruct the strict rules adopted by the F.C.C. in 2015.
The next three weeks promise to hold intense lobbying from both sides, but that might not be the end of it. The regulation of internet providers has already swung once on a change in the Oval Office.
“As good as the F.C.C.’s action is for I.S.P.s, it only assures nonregulation of broadband through 2020,” said Paul Gallant, an analyst at the research firm Cowen.
The Hill–16 hours ago
President Donald Trump’s lawyer says the criminal investigation into possible collusion with Russia in last year’s election could be over by December, but Special Counsel Robert Mueller’s probe is expected to continue well into next year, according to a U.S. official.
Mueller continues to gather evidence and pursue investigative leads, as shown by steps like a subpoena he sent to more than a dozen Trump campaign operatives in October, according to the official with knowledge of the investigation, who requested anonymity to speak about sensitive matters.
Ty Cobb, the top White House lawyer handling the probe, has been consistently optimistic about Mueller’s probe and its likely outcome, predicting the investigative cloud hanging over Trump and the White House should clear by early next year. “The office of special counsel is working diligently to complete its interviews” and the White House has been cooperating with the investigation to expedite its conclusion, Cobb said in an interview.
But the official with knowledge of the investigation, as well as outside legal experts, made clear that months of work still lie ahead for Mueller. For one thing, Mueller indicted Trump’s former campaign chairman, Paul Manafort, last month, as well as another campaign aide, Rick Gates, on charges of money laundering and other crimes. Manafort and Gates have said they aren’t guilty, and Mueller’s litigation against them is expected to continue well into 2018, the official said.
Mueller was given a broad mandate when he was appointed by the Justice Department in May to investigate whether Trump or any of his associates colluded with Russia as well as any other matters arising from that inquiry.
To build his case, Mueller has had to pursue multiple investigate angles beyond the White House, a second U.S. official said. Those include potential obstruction of justice related to Trump’s firing of FBI Director James Comey, financial dealings in the U.S. and abroad by Trump family members and associates, and Moscow’s efforts to manipulate Facebook and other social media platforms, the official said.
“This investigation will continue through 2018,” said Jeffery Cramer, a former federal prosecutor who is now managing director for Berkeley Research Group LLC.
“It seems like the White House is setting up a straw man and groundless expectations,” Cramer said. “The only running clock is the statute of limitations on any potential charges.”
Cobb has said he expects interviews with White House staff to wrap up shortly after Thanksgiving and that the vast majority of documents requested from the White House by Mueller were handed over last month.
The first official said it’s possible that Mueller’s team of more than two dozen prosecutors and FBI agents will complete an opening round of interviews with key Trump aides who worked in the White House by the end of the year, but additional interviews could be scheduled later.
Among those who have been interviewed are former Chief of Staff Reince Priebus, former spokesman Sean Spicer and National Security Council chief of staff Keith Kellogg, according to people familiar with the investigation. Mueller has also indicated he wants to speak with White House Counsel Don McGahn and communications director Hope Hicks, said another person close to the inquiry.
The recent subpoena was intended to ensure that Mueller receives all the documents he’s seeking, the first official said. Mueller’s next step is to review the materials to determine whether additional subpoenas are needed or new lines of investigation need to be opened, the official said.
The indictment against Manafort and Gates demonstrates that Mueller is methodically building cases that take time, said the second U.S. official, who also asked to remain anonymous.
Flynn, Trump Jr.
Others whose activity is under investigation include Trump’s former national security adviser Michael Flynn, Trump’s son Donald Trump Jr. and Trump’s son-in-law Jared Kushner, the second official said.
Mueller also revealed last month that he secured a cooperating witness — George Papadopoulos, a junior foreign-policy adviser to the Trump campaign who pleaded guilty to lying to the FBI about the timing of his contacts with Russian operatives.
“Did Papadopoulos record any conversations after he pleaded guilty?” Cramer, the former prosecutor, asked. “Will Manafort cooperate to spare himself some potential prison time?”
Mueller has staffed his team “with some of the best investigators, former prosecutors, and an individual from the solicitor general’s office who has argued more Supreme Court cases than most anyone,” Cramer said. “This team was not established to take an easy plea on lying to the FBI and Manafort’s money laundering, tax evasion, and lack of proper filings.”
There’s no end in sight for Mueller probe
President Donald Trump’s lawyer says the criminal investigation into possible collusion with Russia in last year’s election could be over by December, but Special Counsel Robert Mueller’s probe is expected to continue well into next year, according to …
WATCH: Watergate prosecutor literally laughs at Trump lawyer’s ‘fantasy’ that Muellerinvestigation is endingRaw Story