Trump administration's reported effort to 'barter' a US resident to convince Turkey to ramp down Khashoggi probe stuns foreign-policy veterans

Authored by businessinsider.com and submitted by aubonpaine
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Foreign-policy veterans were floored Thursday following a bombshell report that the White House considered extraditing one of Turkish President Recep Tayyip Erdogan's top enemies to get Ankara to back off the investigation into the murder of the journalist Jamal Khashoggi.

NBC News reported that the White House was looking for legal ways to boot out Fethullah Gulen — an exiled Turkish cleric whom Erdogan accuses of orchestrating a failed coup against him in 2016 — in exchange for Turkey easing pressure on the Saudi government, which is responsible for Khashoggi's killing.

Gulen is a legal US resident and a green-card holder who's been living in Pennsylvania since the late 1990s.

When the White House first floated the idea of extraditing Gulen, career officials at top federal agencies thought it was a joke but became "furious" when they learned it was a serious request, according to NBC News.

'This is the Trump administration seeking to barter away a US resident'

Ned Price, the former senior director of the National Security Council under President Barack Obama, said the reported move was "hugely significant."

"This is the Trump administration seeking to barter away a US resident who has lived here legally for years," Price told INSIDER.

Diplomatic, immigration, and law-enforcement officials during the Obama administration determined that Turkey's case for Gulen's extradition did not meet the required threshold.

Price said it now seems "that the Trump White House, in order to make life easier for the Saudi Crown Prince, is seeking to skirt the rule of law by pressuring officials to return Gulen to Turkey, even without a sufficient evidentiary basis."

Randa Slim, the director of conflict resolution at the Middle East Institute, echoed that view.

"The question to ask is can the Trump administration legally do it?" Slim told INSIDER, emphasizing Gulen's status as a legal resident as an impediment for the White House.

"If the White House seriously considered it, it shows to what lengths the [Jared] Kushner camp was willing to go to protect their young protege in Riyadh," she added.

Slim was referring to Saudi Crown Prince Mohammed bin Salman, who once reportedly bragged that he had Kushner, a senior White House adviser, "in his pocket."

The crown prince is largely believed to have played a key role in carrying out the Khashoggi killing last month, but the Saudi government denies this, and Trump has mostly accepted this narrative.

'The process of extraditing Gulen would be complicated and fraught with controversy'

Legal experts also weighed in, saying it would be extremely "complicated" to extradite Gulen to Turkey.

"Under current US law and the applicable extradition treaty, the process of extraditing Gulen would be complicated and fraught with controversy," Bradley P. Moss, a DC lawyer specializing in national security, told INSIDER. "To this day, the specific crimes(s) for which Gulen would actually be prosecuted if returned to Turkey remains unclear."

But Moss said there was a "political offense" exception in the 1979 extradition treaty between the US and Turkey that "Gulen's laywers would almost certainly argue is applicable here and which they would argue justifies preventing the extradition."

"Ultimately, any extradition effort would hinge on the level of detail provided by the Turkish government regarding Gulen's purported criminal offenses and the particular nature of the crime(s) regarding which he is alleged to have committed," Moss added.

Greg Siskind, an immigration lawyer in Memphis, said the language of the extradition treaty "would certainly seem to open up a line of defense" for Gulen given Erdogan's case against him appears to be "politically motivated."

Khashoggi's killing has put an uncomfortable spotlight on America's relationship with the Saudis and Turkey

Riyadh's story on Khashoggi's slaying has shifted several times over the past month amid increased international pressure to bring his killers to justice.

Though the Saudi government initially denied it had any role in the killing, the Saudi public prosecutor's office on Thursday said 11 people had been indicted in connection to Khashoggi's death and that the death penalty had been requested for five of them.

The public prosecutor added that 21 people had been detained overall. Riyadh said last month that it detained 18 people.

The White House's reported effort to extradite Gulen sheds light on US President Donald Trump's attempt to ease rising tensions with Turkey — which is said to be furious over the fact that Saudi officials killed Khashoggi at the kingdom's consulate in Turkey — while providing some cover to the crown prince, with whom Trump has touted a close alliance.

Trump has also consistently emphasized America's strong strategic partnership with the Saudis, as well as the economic benefits of US arms sales to the kingdom.

Erdogan has called for Gulen's extradition for years, saying after the 2016 coup attempt that Turkey had never turned back any extradition request for "terrorists" by the US.

A Turkish official told NBC News that the government did not link its concerns about the Khashoggi murder with Gulen's extradition case.

"We definitely see no connection between the two," the official said. "We want to see action on the end of the United States in terms of the extradition of Gulen. And we're going to continue our investigation on behalf of the Khashoggi case."

Similarly, State Department spokeswoman Heather Nauert rejected the report from NBC News on Gulen. "The White House has not been involved in any discussions related to the extradition of Fethullah Gulen," Nauert said.

'Washington has given Erdogan the greatest gift'

Regardless of the Gulen situation, Aykan Erdemir, a former member of the Turkish parliament and a senior fellow at the Foundation for Defense of Democracies, said Erdogan has come out on top.

"Today's developments have provided Erdogan yet another opportunity to claim the moral high ground in the Khashoggi case," Erdemir told INSIDER. "As the world's top jailer of journalist, the Turkish president has already presented himself as a champion of press freedoms and human rights."

Erdemir added that Erdogan — who he said has "destroyed the justice system" in Trukey — could also "claim the moral high ground on the rule of law and due process."

The former Turkish politician also said the Trump administraton's relatively toothless approach to the killing has strengthened Erdogan's position.

"Washington has given Erdogan the greatest gift — that is, the ability to reframe the debate by airbrushing his egregious violations of human rights and freedoms in Turkey while also refashioning himself as a champion of justice and righteousness," Erdemir said.

PoppinKREAM on November 15th, 2018 at 19:40 UTC »

This isn't the first time the Trump administration has attempted to extradite Gulen, a Turkish legal U.S. resident. The initial attempt was an alleged plan orchestrated by Turkey offering $15 million to former Trump Administration National Security Adviser Michael Flynn.

This piece includes a former CIA Director, former National Security Adviser Michael Flynn, a plan to kidnap a Turkish cleric hiding in the United States, and a Turkish-Iranian national who is standing trail for circumventing sanctions that President Erdogan desperately wants released from US custody.

Last year a key witness to the Russia investigation popped up at Mar-A-Lago.[1] James Woolsey is a former CIA Director that served under 4 administrations and was on Trump's transition team. He later resigned from his position as a senior adviser due to Trump's undermining comments about the intelligence community.[2]

James Woolsey pitched a $10 million contract to Turkish businessmen to discredit a controversial U.S. based Turkish cleric while he was an adviser during Trump’s campaign.[3] James Woolsey has been interviewed by Special Counsel Mueller, they discussed Flynn's alleged Turkish scheme.[4]

James Woolsey has ties to a Trump protege, Mark Brown, who ran Trump's Atlantic City casino empire.[5] A casino in Saipan was visited by the FBI back in March of 2017 and is an alleged conduit for laundering money, both Woolsey and Brown are board members.[6]

Turkish President Erdogan sought for the extradition/kidnapping of both Fethullah Gulen and Reza Zarrab. Fethullah Gulen is a Turkish cleric hiding in the United States, the same cleric that the Trump campaign tried to discredit and the same cleric that Erdogan and the Turkish government are after for drummed up charges. Reza Zarrab, the aforementioned Turkish-Iranian national, recently plead guilty to charges of conspiring to avoid US sanctions and Erdogan wants Zarrab released due to his knowledge of Erdogan's financial secrets.[7] Erdogan's allies allegedly offered Flynn a $15 million deal to kidnap Gulen. The kidnapping plan of US resident Gullen made headlines, but it was only 1 of 2 topics Flynn discussed with his Turkish counterparts during their meeting. The second topic was, allegedly, discussing the release of Reza Zarrab who is being tried by the United States government for conspiring to violate sanctions.[8]

We know that Zarrab plead guilty to the charges he faced and is now cooperating with American authorities.[9] Around this time Flynn's lawyer broke communication from Trump's legal team, indicating that Flynn was ready to cooperate with Special Counsel Mueller.[10] We know that Flynn's lawyer had met on a Monday morning with members of Special Counsel Mueller's team, another indication that he was ready to cooperate.[11] And then he pleaded guilty to lesser charges, a significant development as it indicates that he is fully cooperating with the investigation.[12]

I recommend reading the Lawfare post, it does an excellent job in summarizing who Zarrab is and why he is so important to this investigation. Below I have included some interesting tidbits from the article with many familiar names.

In recent weeks, there has been increasing American interest in a previously little-watched judicial saga unfolding in New York district court. Like a Turkish soap opera, it involves a dashing businessman with a pop-star wife, corruption allegations, leaked tapes of private conversations and intrigue at the highest levels of government. The trial of Reza Zarrab on charges of evading Iran sanctions, including any revelations he makes about corruption in the Turkish government, could have significant political and economic implications for Turkey. It could also damage already fraught relations between Turkey and the United States.

In events surrounding Zarrab’s trial, interactions between the U.S. government and Turkish officials raise rule of law questions for the United States. Erdogan has taken a strong personal interest in Zarrab, discussing him on multiple occasions with the Obama and Trump administrations. He demanded Zarrab’s release and Bharara’s firing in a meeting with then-Vice President Biden in 2016, while his wife pleaded the case to Biden’s wife. Erdogan raised Zarrab in his final phone calls with Obama in Dec. 2016 and Jan. 2017. It was a topic of discussion between Erdogan and Trump as well. Following a September phone call, Erdogan said Trump told him the case in New York was not under his jurisdiction.

Eyebrows have been raised over connections between the Zarrab case and the Trump administration. In March, Trump fired Preet Bharara, the U.S. District Attorney who brought the indictment against Zarrab. (Attorney General Jeff Sessions asked 46 U.S. attorneys to resign. Bharara refused, noting Trump had asked him after the election to remain. Trump called Bharara; he declined to answer, citing rules against sitting attorneys talking to the President. Trump then fired him.) The case has continued under Bharara’s former deputy and current Acting District Attorney, Joon Kim.

Also in March, Zarrab made changes to his legal team. He hired Rudy Guiliani, an informal Trump advisor, and Michael Mukasey, a former Attorney General. These lawyers met with Erdogan and senior Trump administration officials in search of a “diplomatic solution.” Guiliani described his role in a deposition as determining “whether this case can be resolved as part of some agreement between the United States and Turkey that will promote the national-security interests of the United States and redound to the benefit of Mr. Zarrab.”

In addition, there are questions about Michael Flynn’s possible involvement. Special Counsel Robert Mueller, who is investigating Russian interference in the U.S. presidential election, is exploring Flynn’s Turkish activities. Flynn, a Trump campaign advisor and briefly U.S. National Security Advisor, was allegedly offered $15 million to return Gulen to Turkey. Mueller is reportedly examining whether Flynn also discussed ways of freeing Zarrab from court charges.

1) Business Insider - A key witness in the Russia probe had a 'lengthy conversation' with Trump at Mar-a-Lago

2) Washington Post - Former CIA director James Woolsey quits Trump transition team

3) Reuters - Exclusive: While advising Trump in 2016, ex-CIA chief proposed plan to discredit Turkish cleric

4) NBC - Ex-CIA Director Spoke to Mueller About Flynn’s Alleged Turkish Scheme

5) Bloomberg - Big Money, Big Questions at Trump Protege's Remote Casino

6) Bloomberg - FBI Visits Office of Saipan Casino Run by Trump Protege.

7) New York Times - Reza Zarrab Testifies That He Bribed Turkish Minister

8) Lawfare - Why Turkey Cares about the Trial of Reza Zarrab

9) The Independent - Turkish businessman's Iran sanctions guilty plea opens door to cooperation in Robert Mueller's Michael Flynn investigation

10) CBC - Michael Flynn's lawyers break with Trump's legal team

11) ABC News - Michael Flynn's lawyer meets with members of special counsel's team, raising specter of plea deal

12) New York Times - Michael Flynn Pleads Guilty to Lying to the F.B.I. and Will Cooperate With Russia Inquiry

BobVilasLawBlog on November 15th, 2018 at 19:32 UTC »

Yo is this the same fucking guy that Mike Flynn was plotting to kidnap?

What is happening?

Cadet-Bone-Spurs on November 15th, 2018 at 19:23 UTC »

Well this is truly abhorrent. Barter a legal US resident who has been living in Pennsylvania since the late 1990s to a dictatorship to stop them from investigating a gruesome journalist murder by another dictatorship. This should outrage every citizen.

Trump is actively working with the Saudi government to cover up this government stamped journalist murder(who was also a legal US resident) by using the deportation of another legal US resident as a bargaining chip. This is beyond fucked up.