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Suspension of Whistleblower FBI Agent Illegal: Kash Patel

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The suspension of an FBI agent who raised concerns about bureau policies not being followed is illegal, according to former congressional investigator Kash Patel.

FBI agent Steve Friend came forward in September to assert that the FBI was violating policies by assigning cases to field offices around the country but actually having the cases managed by officials based in Washington. He said his concerns were ignored by supervisors. Friend was later suspended pending an investigation.

“What happened was actually illegal,” Patel, a former national security adviser for the House Intelligence Committee, said on the latest episode of his EpochTV show, “Kash’s Corner.”

“His badge and gun, the means that FBI agents actually perform their duties in the field, were taken from him. And this is after Director Chris Wray went up to Congress and testified … under oath whether whistleblowers would be retaliated against, and he said no under oath. So he has just committed another offense under the law and lied to Congress because we have non-irrefutable proof that basically [Friend] is no longer able to work.”

Patel referenced the Whistleblower Protection Act, which protects government employees who disclose information if the employee “reasonably believes evidences” that an activity constituting “a violation of any law, rules, or regulations; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety” is occurring. The law also bars retaliation against whistleblowers.

Sens. Chuck Grassley (R-Iowa) and Ron Johnson (R-Wis.) have said that Friend engaged in protected whistleblower activity. They told Wray in a recent missive that the response to Friend’s whistleblowing isn’t acceptable.

“The FBI should never suspend security clearances as a form of punishment or to retaliate against patriotic whistleblowers for stepping forward to report potential wrongdoing,” they said.

Epoch Times Photo FBI special agent Steve Friend in a file image. (Courtesy of Steve Friend)

An FBI spokesperson told The Epoch Times previously that bureau workers who don’t perform their jobs “are held accountable through an objective administrative process” and that workers who report evidence of wrongdoing through a protected disclosure “are protected from retaliation.”

Patel noted that more than a dozen whistleblowers have approached Republican members of Congress, including Friend, with information and that Republican Party members have vowed to probe the agency if they flip control of the House of Representatives or the Senate in the upcoming midterm elections.

That would give Republican committee chairs subpoena power. Top Republicans have already been notifying FBI personnel to preserve records and other documents in preparation.

“We saw the power of congressional subpoenas … and how it was rightly applied when we did Russiagate,” said Patel, who helped uncover key information about the counterintelligence investigation on Democrat-funded information alleging links between Donald Trump’s campaign and Russia. “And so you can haul in the documents and publicize them. And you can see if they hid the documents after members of Congress told them not to, then you can subpoena them in person and put them in the seat, not for a day, but for a week or a month if [that’s what] it takes.”

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American Trump-Russia writer facing libel suit in U.K. turns to U.S. court for help

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On Thursday, Stedman’s lawyers filed a petition in federal court in Brooklyn, N.Y., demanding testimony and records from former FBI agent Richard Frankel, who went to work in 2016 for Soriano’s firm USG Security Limited.

Frankel also worked for a time alongside Michael Flynn in the Office of the Director of National Intelligence and after leaving government had a contributor gig with ABC News.

The new court filing says information from Frankel could help Stedman defend himself and the media outlet he founded, Forensic News. “Frankel … likely has in-depth knowledge of USG’s activities and connections — including many of the activities about which Forensic News reported in 2019 and 2020 relating to Russian election interference and the Russian oligarchy,” Stedman’s petition says.

Frankel, who now works as an attorney and a security consultant on Long Island, declined to comment Friday on the court action.

Stedman’s petition calls Soriano’s suit “an attack on American free speech and journalistic values” and contends it is an example of “libel tourism” — a phenomenon in which wealthy litigants sue U.S. journalists abroad in order to dodge the high standards the U.S. imposes to prove libel claims involving public figures. Stedman’s attorneys say information from Frankel could help Stedman prove that claims in his news reports are true.

Stedman’s filing says Soriano first came to his outlet’s attention through a POLITICO story indicating that Senate Intelligence Committee investigators were seeking to interview him. “Forensic News picked up on the Politico report and ran with it, ultimately discovering and reporting on a web of shadowy connections and secretive dealings with Russian oligarchs and others,” Stedman’s petition says.

A Senate Intelligence Committee report released in 2019 mentioned Soriano’s business dealings but made no allegations of election interference or wrongdoing.

In an email to POLITICO, a London-based attorney for Soriano noted that British courts have rejected the notion that the case there amounts to libel tourism.

“The High Court and Court of Appeal have ruled that Mr Soriano’s suit is not libel tourism. He is the first person to be given permission to bring a claim for libel against a foreign news organisation since the Defamation Act 2013 was brought in, and which sets a very high bar,” Soriano attorney Shlomo Rechtschaffen wrote. “Mr. Soriano brings the action to vindicate his reputation and prove that the unfounded allegations made by Forensic News are wholly untrue.”

In a ruling in December, a British appeals court upheld Soriano’s right to proceed with his libel claim. The appeals court also restored a claim a lower court had struck from the suit, that Stedman’s reporting violated the European Union rule known as the General Data Protection Regulation or GDPR.

The prospect of U.S.-based news organizations being forced to conform to European data-privacy rules has prompted concern among First Amendment advocates.

Stedman said Friday that the litigation has been an ordeal.

“This process has been like nothing I’ve ever dealt with,” he said. “I’ve been put into debt, my health has suffered, and relationships have been strained. But I have my convictions intact. The work that we did is too important to be silenced.”

Individuals with alleged ties to Russia are under extreme scrutiny in the West due to Moscow’s invasion of Ukraine, and Soriano’s litigation is drawing the attention of some U.S. officials. Stedman is set to appear Wednesday before the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, for a hearing entitled, “Countering Oligarchs, Enablers and Lawfare.”

Even if Stedman is ultimately found liable in the U.K. litigation, it’s unclear whether Soriano will ever be able to collect any judgment. A U.S. law passed in 2010 in an effort to combat libel tourism makes it difficult to enforce defamation judgments in the U.S. unless they come from countries that offer parallel free-speech protections.

The new petition was assigned Friday to U.S. District Court Judge Kiyo Matsumoto, an appointee of President George W. Bush, court records show.

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https://www.fbi.gov/news/press-releases/press-releases/richard-m.-frankel-named-special-agent-in-charge-of-newark-division

Director James B. Comey has named Richard Frankel special agent in charge (SAC) of the FBI’s Newark Division. Mr. Frankel most recently served as SAC of the Criminal Division in the New York Field Office.

Mr. Frankel began his career as a special agent in the New York Field Office in 1995 and was assigned to the Gambino Family Organized Crime Squad. He has served in numerous positions in New York throughout his career, to include assistant special agent in charge, SAC of the Counterterrorism Division, and Associate Division Counsel. He oversaw the investigation of a plot to bomb two synagogues in the Bronx and shoot down a military plane near Stewart Air Force Base; the plot to explode a bomb in the New York City Subway system; and the attempt to explode a vehicle-borne bomb in Times Square. He supervised threat response squads in New York City and at JFK Airport.

In 2011, he was named associate director of national intelligence in the Office of the Director of National Intelligence.

Mr. Frankel served in the Inspection Division at FBI Headquarters as a team leader, and in this role he was involved in investigating shooting incidents and field office inspections. Mr. Frankel was appointed acting SAC of the Buffalo Division in 2013.

Throughout his career, Mr. Frankel has served as the FBI’s deputy on-scene commander in Afghanistan and led a team who supported U.S. Special Forces components. He was also the on-scene commander for FBI personnel that investigated the bombing of the Rugby Club in Uganda during the World Cup, and he led the team that arrested the surviving pirate involved in the Maersk Alabama incident off the coast of Somalia and investigated the terror attack on the Westgate Mall in Kenya.

Prior to joining the FBI, Mr. Frankel was an assistant district attorney in Suffolk County, New York, and prosecuted criminal matters on behalf of the county and state.

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https://www.fbi.gov/contact-us/field-offices/newark/news/press-releases/special-agent-in-charge-richard-frankel-retires-after-20-years-of-service-in-the-fbi

Richard M. Frankel, special agent in charge (SAC) of the Newark Field Office of the Federal Bureau of Investigation, will retire from the FBI on January 29, 2016. SAC Frankel has served the FBI both domestically and abroad for over 20 years and has worked in several FBI field offices and FBI Headquarters. He is scheduled to begin a new career as a Director at USG Security Limited, an international security company based in central London with clients all over the world. USG provides physical protection, data protection, complex worldwide fraud investigations, and crisis management.

“Serving in the FBI has been a privilege and an honor,” said SAC Frankel. “I will miss and never forget the incredible men and women who keep our country safe each and every day.” SAC Frankel began his FBI career investigating organized crime as a special agent in the New York Field Office. Over the course of his career, Frankel served in numerous capacities, including assistant special agent in charge (ASAC), SAC of the Counterterrorism Division, SAC of the Criminal Division, and Associate Division Counsel. While in the Counterterrorism Division, Frankel oversaw many successful and high profile cases including the investigation of a plot to bomb two synagogues in the Bronx and shoot down a military plane near Stewart Air force Base; the plot to explode a bomb in the New York City Subway system; and the attempt to explode a vehicle-borne bomb in Times Square. Frankel also served as acting special agent in charge of the Buffalo Division in 2013.

In 2011, he was promoted to the role of associate director of national intelligence in the Office of the Director of National Intelligence.

While serving abroad, Mr. Frankel was the FBI’s deputy on-scene commander in Afghanistan where he led a team that supported U.S. Special Forces components. He was also the on-scene commander for FBI personnel that investigated the bombing of the Rugby Club in Uganda during the World Cup. Additionally, he led the team that arrested the surviving pirate in the Maersk Alabama incident off the coast of Somalia and investigated the terror attack on the Westgate Mall in Kenya.

Throughout Mr. Frankel’s tenure as Newark’s FBI special agent in charge, he has received numerous commendations from local and federal law enforcement agencies. Under his leadership the Newark Division had over 554 arrests, 136 indictments, and 272 convictions. In addition, he was very active in the communities of New Jersey, meeting regularly with religious and civic leaders, youth and ethnic groups, and non-profit organizations.

“Rich Frankel is one of the reasons the Newark Office of the FBI continues to have the outstanding reputation that it does,” U.S. Attorney Paul J. Fishman said, “He has been an exemplary professional partner and a good friend to me personally. We in the U.S. Attorney’s office, and all of us in law enforcement, will miss him, and wish him well.”

FBI New York Assistant Director in Charge Diego Rodriguez said, “There are many areas of the FBI on which SAC Frankel has left his mark, especially here in New York. From his initial assignments on our Organized Crime Branch, to overseeing many high-profile counterterrorism cases, SAC Frankel’s leadership and posture will forever define his legacy at the FBI.”

“Richard Frankel will be missed in New Jersey,” said Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division. “His support of the DEA and drug law enforcement was greatly appreciated. I wish him great success in his future endeavors.”

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Ex-FBI agent pleads not guilty in ex-governor’s public corruption case

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Former FBI Agent Mark Thomas Rossini

By The Star Staff

Former Federal Bureau of Investigation (FBI) Agent Mark Thomas Rossini, who is co-accused with former Gov. Wanda Vázquez Garced of public corruption, pleaded not guilty Tuesday before federal judge Camille Vélez Rivé.

Rossini, who voluntarily surrendered to federal agents, is charged with allegedly conspiring with the owner of Bancrédito, Julio Herrera Velutini, to bribe the former governor and commit electronic fraud.

Additionally, a $50,000 secured bond was set.

Rossini resides in Spain, where he is undergoing cancer treatment and, according to press reports, he could travel to continue his medical treatment.

The former FBI agent faces a jail sentence of 20 years in prison.

The former governor, who was arrested by federal authorities last Thursday, also pleaded not guilty to the alleged bribery and wire fraud scheme in her 2020 primary campaign.

According to the indictment, beginning in 2019, Herrera Velutini’s bank was the subject of an examination by Puerto Rico’s Office of the Commissioner of Financial Institutions (OCIF), a regulatory agency that oversees financial institutions operating in Puerto Rico. Through intermediaries, Herrera Velutini and Rossini allegedly promised to provide funding to support Vázquez Garced’s 2020 gubernatorial election campaign in exchange for Vázquez Garced terminating the commissioner of OCIF, George Richard Joyner, and appointing a new commissioner of Herrera Velutini’s choosing, Víctor Rodríguez Bonilla, who worked at Bancrédito.

According to the indictment, Herrera Velutini attended a wedding of an individual identified as Individual C and was seated at the same table as Vázquez Garced. When Blakeman sent a text message to Herrera seeking support, Herrera replied “She has it! At this table she already has 2MM,” then later wrote “But she has to resolve OCIF.”

The indictment alleges that Vázquez Garced accepted the offer of a bribe and, in February 2020, took official action to demand the resignation of OCIF Commissioner A and, in May 2020, to appoint OCIF Commissioner B – a former consultant for the international bank owned by Herrera Velutini – who had been personally selected by Herrera Velutini. In return, Herrera Velutini and Rossini allegedly paid more than $300,000 to political consultants in support of Vázquez Garced’s campaign.

The indictment further alleges that following Vázquez Garced’s primary election loss in August.

2020, Herrera Velutini sought to bribe her successor, identified as Public Official A, presumably current Gov. Pedro Pierluisi Urrutia, by offering funding in support of Public Official A’s campaign in exchange for Public Official A ending OCIF’s audit of Herrera Velutini’s bank on terms favorable to Herrera Velutini.

According to the indictment, between April 2021 and August 2021, Herrera Velutini allegedly used intermediaries to convey his offer of a bribe to a witness, presumably Joseph Fuentes Fernández, who held himself out as a representative of Public Official A, but who was in fact acting at the direction of the FBI. As noted in the indictment, the witness was acting at the direction of the FBI during this timeframe and not actually serving as an intermediary of, or acting on behalf of, Public Official A, the officials said.

In August 2021, Herrera Velutini allegedly directed a $25,000 payment to a political action committee associated with Public Official A, with the understanding and expectation that Public Official A would resolve OCIF’s audit of Herrera Velutini’s bank in the manner requested by Herrera Velutini.

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Liz Truss’s Chief of Staff Is a Witness in FBI Bribery Probe

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A senior member of UK Prime Minster Liz Truss’s government is cooperating with the Federal Bureau of Investigation as part of a bribery investigation that led to the arrest of Puerto Rico’s former leader.

Mark Fullbrook, chief of staff for the new prime minister, is assisting US authorities as a witness and denied a report in the Times of London that he was a subject of the investigation, his spokesman said in a written statement Sunday. Fullbrook worked for CT Group, a political consultancy that had done opinion research on behalf of the banker that US authorities have charged with bribing Wanda Vazquez, Puerto Rico’s former governor.

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Putin’s Right-Hand Men Publicly Mock ‘Garbage’ War Failures

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Cracks are emerging among Vladimir Putin’s cronies over the Russian president’s military leadership and whether to use nuclear weapons in Ukraine.

As Ukrainian forces pummeled the city of Lyman over the weekend, Ramzan Kadyrov, a longtime Putin ally and leader of Chechnya, lashed out at Putin’s approach there, criticizing Russian troops’ withdrawal and the Russian commander of the Central Military District, Alexander Lapin.

“It’s not a shame that Lapin is mediocre, but the fact that he is covered at the top by the leaders in the General Staff,” he said on Saturday, taking a dig at the entire operation. “There is no place for nepotism in the army, especially in difficult times.”

Another key Putin ally, Evgeniy Prigozhin, Putin’s so-called “chef” who helped orchestrate Russian interference in the 2016 presidential elections in the United States and who heads up the mercenary group Wagner, seems to have also turned on Putin’s strategy in Ukraine.

“Send all these pieces of garbage barefoot with machine guns straight to the front,” Prigozhin said, referring to Putin’s army bosses.

The public criticism from key Putin supporters comes just as Russia is working to project unity and power on the world stage. After a series of defeats on the battlefield in Ukraine, Putin initiated a partial mobilization to bolster the war effort and held sham referenda in an attempt to illegally annex territories in Ukraine.

The internal divisions are mounting. Kadyrov also said that Russia should use a low-yield nuclear weapon in Ukraine. But the Kremlin is now jabbing back at him, suggesting that Kadyrov got too emotional and that cooler heads should prevail.

“The heads of Russia’s regions have the authority to express their point of view and to make assessments,” Kremlin spokesperson Dmitry Peskov said Monday. But “even in the most difficult moments emotions should probably be excluded from any comments.”

The Kremlin’s effort to distance itself from Kadyrov’s hawkish stance comes just days after Russia’s efforts to illegally annex several regions in Ukraine. The move has set off alarm bells over whether the Kremlin will consider Ukrainian counter-offensives to take back the regions as attacks on Russian territory.

Russia’s nuclear doctrine lays out that Russia’s use of nuclear weapons should be used in self-defense. But Russian officials have reiterated in recent weeks that Russia reserves the right to use nuclear weapons if there is an existential threat to the country or if there is an attack against Russia, even if the attack uses conventional weapons alone.

And Russia has made it clear that it would defend the newly annexed regions in Ukraine—the Donetsk, Luhansk, Kherson, and Zaporizhzhia regions—with “all means at its disposal.”

Putin himself has hinted at Russia’s potential interest in using nuclear weapons in Ukraine.

The cleavage between Kadyrov, Prigozhin, and the Kremlin appears to be emblematic of larger problems in Moscow’s approach to Ukraine in the eighth month of the war. Although Russia hosted its sham referenda last week in Ukraine, the Kremlin acknowledged Monday that Russia is not necessarily confident in what territories it has specifically claimed as Russian, according to Peskov. Russia doesn’t control the territories it annexed, and Peskov suggested the Kremlin had to ask around about which borders it will claim as its own, an indication that the illegal annexation process may not be going as smoothly as Moscow expected.

“We are going to continue to consult the populations of these regions,” Peskov said.

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Russian Nuclear Targeting

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Russian nuclear targeting reflects both doctrine and capabilities. Russia has the lowest nuclear weapons use threshold of the major nuclear weapons states. President Vladimir Putin’s June 2020 directive on nuclear deterrence described six circumstances for nuclear weapons use:

  • In paragraph 4, nuclear deterrence is linked to threats to Russian sovereignty and territorial integrity.
  • In paragraph 19, nuclear first use is specifically linked to launch under any type of ballistic missile attack, in response to nuclear attack or to attack by weapons of mass destruction, in response to kinetic or non-kinetic attack on Russian nuclear forces and command and control, and conventional attack that threatens the existence of the state.

This list is clearly incomplete. For example, in 2014, retired former Chief of the General Staff and Deputy Secretary of Russia’s National Security Council General of the Army Yuriy Baluevskiy said the “…conditions for pre-emptive nuclear strikes…is contained in classified policy documents.”[1]

We now know that the Soviet Warsaw Pact war plan involved the massive first use of nuclear weapons, including nuclear strikes not only on expected military targets but also against major European cities in support of a Russian invasion. Putin’s strategy involves the limited first use of nuclear weapons with target selection and weapons allocation designed to minimize collateral damage and, hence, the risk of nuclear escalation.

The Russian Defense Ministry describes the mission and targeting of the Strategic Nuclear Forces (the ICBM force) as follows: “…for defeat… of enemy military and military economic potential by means of large-scale, group or single nuclear missile attacks.”[2]

In December 1999, Colonel General Vladimir Muravyev, then-Deputy Commander of Russia’s Strategic Missiles Forces stated, “…the deterrent actions of strategic forces…[involve] strikes with both conventional and nuclear warheads with the goal of de-escalating the military conflict,” and Russian forces “…should be capable of conducting ‘surgical’ strikes…using both highly accurate, super-low yield nuclear weapons, as well as conventional ones…” The Russians call this “escalate to de-escalation” a conflict. A more accurate description of it is “escalate to win.” The Russian assumption is that the West will not respond to the limited nuclear attack and give Russia what it wants. This is similar to Putin’s expectation that Ukraine would not fight and meekly surrender. In 2017, then-Defense Intelligence Agency Director Lieutenant General Vincent Stewart stated that Russia is “the only country that I know of that has this concept of escalate to terminate or escalate to deescalate but they do have that built into their operational concept, we’ve seen them exercise that idea and it’s really kind of a dangerous idea…”[3] He also said that he had seen no evidence that this policy was changing.

In December 2009, a more detailed statement of Russian targeting strategy was made by then-Commander of their Strategic Missile Forces Lieutenant General Andrey Shvaychenko. He outlined the role of the ICBM force in conventional and nuclear wars as follows: “In a conventional war, [they] ensure that the opponent is forced to cease hostilities, on advantageous conditions for Russia, by means of single or multiple preventive strikes against the aggressors’ most important facilities. In a nuclear war, they ensure the destruction of facilities of the opponent’s military and economic potential by means of an initial massive nuclear missile strike and subsequent multiple and single nuclear missile strikes.”[4] This is a classic statement of “escalate to de-escalate” or “escalate to win” from the perspective of an ICBM force commander.

In a September 13, 2007 interview in Moskovskiy Komsomolets, former ICBM force chief of staff Colonel General (ret.) Viktor Yesin described Russian Navy strategic nuclear targeting. He said, “The sailors…largely hit targets that do not have any serious protection, such as cities and enterprises, and therefore they don’t require a very high degree of accuracy.” However, this was said before Russia fielded its new and improved SLBMs, or at least more than a small number of them.

Many of the numerous high level Russian nuclear threats since 2007 have involved the targeting of NATO nations with Russian nuclear ICBMs. The most common targets are missile defense facilities, INF missile facilities in Europe (there are none yet) and recently hypersonic missile threats against the U.S. and NATO national command authorities.[5] Russian state television listed specific nuclear targets related to the attack on the U.S. National Command Authority.[6] According to President Putin, one of the main roles of Russian hypersonic missiles is to target the U.S. and allied National Command Authorities. I believe these threats are consistent with actual Russian nuclear targeting.

The only possible targets for the Poseidon (formerly called Status-6) nuclear-powered, nuclear-armed drone submarines are large port cities. In Russia, it is reported to have a 100 megaton warhead which would kill millions by blast and fallout. I believe its role is to deter a response to Russian first use of low-yield nuclear weapons.

While the Russians don’t speak about anything between the limited nuclear strikes and all out nuclear war, there must be something in between. It would be insane for them to go from a limited nuclear strike to all out nuclear war. This may be something similar to the type of large scale very low-yield nuclear targeting outlined by James Howe. It is noteworthy that in December 1999, Colonel General Vladimir Muravyev, Deputy Commander of the Strategic Missile Forces, said nuclear weapons “are capable of nullifying the combat qualities of all modern conventional systems.” STRATCOM Commander Admiral Charles Richard said that Russia had modernized 86% of its strategic nuclear forces compared to zero for the U.S. Russian modernization is continuous and it won’t stop when they reach 100 percent. As stated in the 2018 Nuclear Posture Review report:

In addition to modernizing ‘legacy’ Soviet nuclear systems, Russia is developing and deploying new nuclear warheads and launchers. These efforts include multiple upgrades for every leg of the Russian nuclear triad of strategic bombers, sea-based missiles, and land-based missiles. Russia is also developing at least two new intercontinental range systems, a hypersonic glide vehicle, and a new intercontinental, nuclear-armed, nuclear-powered, undersea autonomous torpedo.

We have no recent unclassified USG numbers for the Russian nuclear stockpile. If we did, they almost certainly would be a large underestimate. It is noteworthy that at the end of the Cold War we underestimated the Soviet nuclear arsenal by 17,000 weapons. Almost everything you see in the press about Russian nuclear warhead numbers is based on a single American source which does not document the numbers. Their numbers for Russian strategic systems appear to be a based on assumed compliance by Russia with the New START Treaty and numbers derived from very old Soviet START Treaty accountability data for legacy Soviet ICBMs and SLBMs applied to the new Russian replacement systems which are far more capable.

Russia probably has between two to four times as many active nuclear warheads as the U.S., most them currently non-strategic. A December 2019 statement by Russian Strategic Missile Forces Commander Colonel General Sergei Karakayev implied that Russia had over 3,300 deployed strategic nuclear warheads.[7] Russian expert Sergei Rogov has said the Russian strategic nuclear stockpile could be around 6,000 and assessments of Russian non-strategic nuclear weapons range between several thousand to over 10,000.

Noteworthy, there have not been any NEW START Treaty inspections in 30 months and Russia has just denied us our on-site inspection rights. Absent on-site inspections, Russia could have uploaded its entire strategic missile force or at least most of it. The remaining NEW START verification regime is less than what was in the 1979 SALT II Treaty.

In 2019, former Under Secretary of State Rose Gottmeoller said, “If released from the current 1,500 limit… the Russians could rapidly add several hundred more warheads, some say up to a thousand warheads, to their existing deployments of ICBMs…” With 30 months without inspections, at least this much or even more could have happened. James Howe has done some very good analysis on Russian breakout potential.

Russia is on the verge of deploying its new Sarmat heavy ICBMs. Deployment of the Sarmat will dramatically increase Russian cheating potential, absent on-site inspections. Conflicting Russian statements on its deployment plans indicate that there will be between 46 and 200 Sarmat missiles.[8] According to RT (Russian state media), the Russian Ministry of Defense said the “…Sarmat will be able to carry up to 20 warheads of small, medium, high power classes.”

What does Russia have to implement its nuclear strategy? Unfortunately, quite a bit. Russia has modernized its strategic nuclear forces since the end of the Cold War and now has a much more modern and larger strategic nuclear force than the U.S. In December 2021, President Putin stated that Russia had modernized 89% of its strategic nuclear forces. In August 2022, Putin’s Russia will likely claim it is deployed with 10. The Sarmat will be the main Russian weapon against hard targets although in recent years the Yars-S reportedly has been deployed with medium-yield weapons[9] which will enhance targeting capability against hard targets.

Russia is generally credited with 2,000 or 2,000+ non-strategic nuclear weapons. My estimate is over 5,000. This is based on Russian press reports like Pravda.ru which in 2014 said, “Russia, according to conservative estimates, has 5,000 pieces of different classes of TNW [tactical nuclear weapons] – from Iskander warheads to torpedo, aerial and artillery warheads!” and the official Russian claim that it has reduced its tactical nuclear weapons 75% from Cold War levels equates to about the same number. Russia repeated the 75% number in August 2022.

Whatever the total, Russian forces contain battlefield nuclear weapons, air and missile defense nuclear weapons, anti-ship and anti-submarine nuclear weapons and short-, medium- and long-range cruise, ballistic and hypersonic missiles. The very existence of these forces is clear evidence they plan on using them in theater war. These dual capable systems are routinely used in Russian exercises and in the war in Ukraine.

If Russia were to start a nuclear conflict, it would almost certainly be with low-yield nuclear weapons, where they have a massive advantage. According to then-Vice Chairman of the JCS General John Hyten, Russia had “thousands [of] low-yield … and tactical nuclear weapons that Russia is building and deploying…” By comparison, U.S. reportedly has under 25 low-yield Trident warheads and 200-230 tactical nuclear B-61s bombs and a total of 300 strategic B-61 bombs and nuclear-armed cruise missiles. Thus, Russia has a massive targeting advantage and it is growing.

There is some good news. The Ukraine war has demonstrated that Russian non-strategic and one of their strategic cruise missiles have significant reliability, quality control, accuracy and fusing problems. The Pentagon has confirmed press reports that various Russian missiles were experiencing a failure rate of 20 to 60 percent (failure was defined as the inability to launch or hit the target) with the lowest kill rates being in the “cruise missiles, particularly air-launched cruise missiles.” Even with these problems, the Russian missiles are still one of the biggest advantages they have over Ukraine.

Noted Russian journalist Pavel Felgenhauer observed, “The Iskander as well as other Russian non-strategic missiles can be truly effective only with a nuclear warhead—apparently the way it is intended to primarily be used in any peer-to-peer conflict.” Even with low-yield nuclear warheads, Russia does not need the same level of accuracy that it needs for conventional strikes and the fusing problems probably won’t apply because nuclear systems are the product of different design bureaus and nuclear fusing is significantly different.

Moreover, the relevant comparison is not between the latest and most advanced U.S. conventional cruise missiles and Russian nuclear cruise and non-strategic ballistic and hypersonic missiles, but with the only U.S. nuclear-armed cruise missile, the strategic AGM-86B, which is 40 years old, pre-stealth, pre-precision/near precision accuracy and has seriously eroded and declining reliability, according to General John Hyten when he was STRATCOM Commander.

Russia’s invasion of Ukraine is far from over and there is still the possibility of Russian use of nuclear weapons. If they do, it would almost certainly be against targets selected to have maximum military effect and low-collateral damage with very low-yield nuclear weapons. If the war were against NATO, the approach would be the same but the nuclear strikes could be against NATO Europe or the U.S. or even possibly both.

Dr. Mark B. Schneider is a Senior Analyst with the National Institute for Public Policy. Before his retirement from the Department of Defense Senior Executive Service, Dr. Schneider served as Principal Director for Forces Policy, Principal Director for Strategic Defense, Space and Verification Policy, Director for Strategic Arms Control Policy and Representative of the Secretary of Defense to the Nuclear Arms Control Implementation Commissions.  He also served in the senior Foreign Service as a Member of the State Department Policy Planning Staff.

[3] “S Armed Services Hearing on Worldwide Threats,” Political Transcript Wire, May 23, 2017, available at https:// dialog.proquest.com/professional/professionalnewsstand/docview/1902238886/fulltext/182DF5516365D600ED/1?accountid=155509&accountid=155509&site=professionalnewsstand&t:ac=182DF5516365D600ED/1&t:cp=maintain/resultcitationblocksbrief&t:zoneid=transactionalZone_37280781885636

[4] “Russia may face large-scale military attack, says Strategic Missile Troops chief,” BBC Monitoring Former Soviet Union, December 16, 2009, available at https://dialog.proquest.com/professional/professionalnewsstand/ docview/460433852/fulltext/18213B842623A7AA4C1/1?accountid=155509&accountid=155509&site= professionalnewsstand&t:ac=18213B842623A7AA4C1/1&t:cp=maintain/resultcitationblocksbrief&t:zoneid =transactionalZone_2b0b09f480c538

[5] “Vectors of Development of Military Strategy,” Moscow Karanaya Zvezda, March 4, 2019, available at http://redstar.ru/vektory-razvitiya-voennoj-strategii/ws/4-03-2019vektory-razvitijavoennoj-strategii.

(In Russian. Translation by Dr. Veronika Kyrylenko.)

[7] FACTBOX – Strategic Missile Forces Day in Russia,” Sputnik, December 17, 2018, available at https://dialog. proquest.com/professional/professionalnewsstand/docview/2157472585/fulltext/170A13075F1754EEEB6/1? accountid=155509&site=professionalnewsstand&t:ac=170A13075F1754EEEB6/1&t:cp=maintain/resultcitation blocksbrief&t:zoneid=transactionalZone_1713baf472dl

[8] “Russia plans to finalize tests of new Sarmat ICBM in 2021 – National Defense Control Center (Part 2),” Interfax, December 24, 2019, available at https://dialog.proquest.com/professional/professionalnewsstand/docview/ 233005 8625/fulltext/16EA95F44AC53E23FA3/115?accountid=55509&site=professionalnewsstand&t:ac= 16EA95F44AC53E23FA3/6&t:cp=maintain/resultcitationblocksbrief&t:zoneid=transactionalZone_ 16f43e5c4d1.: “Russia to Finish Testing New Sarmat ICBM in 2021 – Military,” Sputnik, December 24, 2019, available at https:// dialog proquest.com/professional/professionalnewsstand/docview/2330046793/fulltext/16E A95F44AC53E23FA3 /198?accountid =155509&site=professionalnewsstand&t:ac=16EA95F44AC53E 23FA3/10&t:cp=maintain/result citationblocksbrief&t:zoneid=transactionalZone1 6f44002.;7f. State-run Ria Novosti also reported 20 planned regiments of the Sarmat. “Highlights of Russia’s arms procurement programme for 2018-2027,” BBC Monitoring Former Soviet Union, December 30, 2019, available at https://dialog.proquest. com/professional/ professional newsstandocview/2331240824/fulltext/16EE61E 9B4F3E41099/9?accountid=155509&site=professionalnewsst and&t:ac=16EE61E9B4F3E41099/1&t:cp=maintain/resultcitationblocksbrief&t:zoneid=transactionalZone16f80 9d68c8

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Prosecution Says Oath Keepers ‘Concocted a Plan for Armed Rebellion’

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Defense lawyers said the far-right militia had assembled ahead of the Jan. 6 attack on the Capitol to await what they hoped would be a decision by Donald Trump to invoke the Insurrection Act.

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Stewart Rhodes, the leader of the Oath Keepers militia, is facing a charge of seditious conspiracy.

Stewart Rhodes, the leader of the Oath Keepers militia, is facing a charge of seditious conspiracy.Credit…Susan Walsh/Associated Press

WASHINGTON — Two days after Election Day in 2020, Stewart Rhodes, the leader of the Oath Keepers militia, sent an urgent, encrypted message to high-ranking members of his group, telling them to resist allowing Joseph R. Biden Jr. to enter the White House.

“We aren’t getting through this without a civil war,” he wrote.

Setting out their opening statement in the trial of Mr. Rhodes and four other members of the Oath Keepers on charges of seditious conspiracy, federal prosecutors said on Monday that the message was an early step in a broad effort to stop the transfer of presidential power and to use the might of the far-right militia to keep President Donald J. Trump in office.

Over the next two months, Mr. Rhodes riled up and recruited dozens of Oath Keepers to join his plot, prosecutors said, eventually deploying them in Washington and across the river in Virginia to disrupt a key moment of the democratic process: the certification of Mr. Biden’s victory at a joint session of Congress on Jan. 6, 2021.

“Ever since our government transferred power from George Washington to John Adams in the year 1797, we have had a core custom of routine and peaceful transfer of power,” Jeffrey S. Nestler, a prosecutor, said in Federal District Court in Washington.

“These defendants tried to change that history,” Mr. Nestler went on. “They concocted a plan for an armed rebellion to shatter a bedrock of democracy.”

In his own opening statement, Phillip Linder, Mr. Rhodes’s lawyer, said Mr. Rhodes and his subordinates had never planned an attack against the government on Jan. 6. Instead, Mr. Linder said, the Oath Keepers were waiting for Mr. Trump to invoke the Insurrection Act — a move, they claim, that would have given the group standing as a militia to employ force of arms in support of Mr. Trump.

Calling the Oath Keepers a “peacekeeping force,” Mr. Linder also argued that the group did not go to Washington on Jan. 6 to storm the Capitol but to provide security at political rallies for speakers and dignitaries, like Roger J. Stone Jr., Mr. Trump’s longtime political adviser.

“Even though it may look inflammatory,” Mr. Linder told the jury, “they did nothing illegal.”

Mr. Rhodes and his four followers are the first defendants in the sprawling investigation of the Capitol attack to face trial on charges of seditious conspiracy, a crime that traces back to the Union’s efforts to protect the federal government against secessionist rebels during the Civil War.

The proceeding, which is expected to last four to six weeks, will be both a primer on the inner workings of the Oath Keepers and a kind of test case for the sedition conspiracy charge. That is the most serious count the government has brought so far against any of the nearly 900 people charged in the Capitol assault.

During the trial, prosecutors intend to use Mr. Rhodes’s own words — in virtual meetings, letters to his members and encrypted text messages — to show how he fiercely opposed Mr. Biden’s victory in November and became increasingly convinced of the Oath Keepers’ role in keeping Mr. Trump in power.

The conspiracy, Mr. Nestler said, culminated on Jan. 6 when more than a dozen members of the Oath Keepers advanced in military-style “stacks” into the Capitol itself — with some moving off in search of Speaker Nancy Pelosi. Other members, Mr. Nestler added, were stationed as a “quick reaction force” at the Comfort Inn Hotel in Arlington County, Va. — across the Potomac River from Washington — in case things went wrong.

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Another key aspect of the trial will be the Oath Keepers’ relationship to Mr. Trump, a man they often supported as president despite their traditional antigovernment beliefs. The group, which was founded during the Obama administration to oppose what it saw as an overreaching government, mobilized to defend presidential power once Mr. Trump assumed office and embraced the deep-state conspiracy theories that marked his new administration.

Because of the nature of the Oath Keepers’ defense — and because of the government’s wealth of evidence — the trial is less likely to focus on disputes over what the group did in the days and weeks leading up to Jan. 6 than it is to hinge on the question of why they did it.

The government contends that Mr. Rhodes and his four co-defendants — Kelly Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell — willingly planned to use force against the government and carried out their attack even though Mr. Trump never did invoke the Insurrection Act.

The defense maintains that the Oath Keepers could not have seditiously sought to stop the transfer of power because they believed that the Insurrection Act would allow them to legally come to Mr. Trump’s aid. The group was primarily concerned with potential violence by counterprotesters and instituted the so-called quick reaction force to prevent attacks from leftist activists like antifa, David Fischer, Mr. Caldwell’s lawyer, told the jury.

“This is the biggest bait and switch in the history of the American justice system,” Mr. Caldwell said.

While the seditious conspiracy statute generally bars plots to overthrow the government, Mr. Rhodes and co-defendants have been accused of using force to block the execution of federal law — in this case, the 12th Amendment and the Electoral Count Act of 1887, both of which govern the transfer of presidential power.

The five defendants have also been charged with two other conspiracy counts. One accuses them of plotting to disrupt the election certification process on Jan. 6. The other charges them with plotting to prevent federal officers from discharging their duties that day.

Mr. Rhodes, a former Army paratrooper who wears a black eye patch — the result of a gun accident — is by far the best known member of the Oath Keepers. But during opening statements, some of his co-defendants’ lawyers sought to humanize their clients by telling the jury a little about them.

Mr. Fischer, for example, said Mr. Caldwell was a former naval officer with lingering injuries from his military service. Ms. Watkins’s lawyer, Jonathan Crisp, explained that she was a former Army Ranger and a transgender woman who had repeatedly struggled to fit in with the Oath Keepers. Lawyers for Mr. Meggs and Mr. Harrelson chose not to offer opening statements to the jury.

Much of the evidence the government plans to introduce has been disclosed over the past several months in court filings and hearings — including details such as a patch Mr. Meggs wore on Jan. 6 with a slogan: “I don’t believe in anything. I’m just here for the violence.”

Whatever new evidence emerges at the trial will likely come through the testimony of cooperating witnesses from inside the Oath Keepers, at least three of whom have already pleaded guilty to sedition charges. Mr. Rhodes is also expected to testify, Mr. Linder said.

One of the government’s witnesses was with Mr. Rhodes on Jan. 10, 2021. On that day, Mr. Nestler said, the Oath Keepers’ leaders met with an unnamed person, whom Mr. Rhodes asked to convey a message to Mr. Trump, explaining that the fight to keep the White House was not over.

The witness recorded the meeting, and Mr. Rhodes could be heard complaining that the rioters at the Capitol did not have weapons.

“My only regret is that they should have brought rifles,” Mr. Rhodes said, adding, “We could have fixed it right there and then.”

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Intelligence Agencies Say Russia Election Threat Persists Amid Ukraine War

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Top F.B.I. and National Security Agency officials said that Iran and China also remained potent threats, mounting their own campaigns to undermine American democracy.

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Christopher A. Wray, the F.B.I. director, said on Tuesday that Russia is a threat to the 2022 midterm elections.

Christopher A. Wray, the F.B.I. director, said on Tuesday that Russia is a threat to the 2022 midterm elections.Credit…Tom Brenner for The New York Times

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Top national security officials warned on Tuesday about the continuing threat of election interference from abroad, emphasizing that Russia could still seek to meddle or promote disinformation during the 2022 midterm races even as it wages war in Ukraine.

“I am quite confident the Russians can walk and chew gum,” Christopher A. Wray, the F.B.I. director, said during a cybersecurity conference in Manhattan, where he spoke alongside Gen. Paul M. Nakasone, the head of the National Security Agency and U.S. Cyber Command.

Iran and China also remained potent threats, mounting their own campaigns to undermine American democracy, the officials said.

“The Russians are trying to get us to tear ourselves apart,” Mr. Wray said. “The Chinese are trying to manage our decline, and the Iranians are trying to get us to go away.”

During the past two election cycles, the N.S.A. and Cyber Command have worked together to identify and block foreign interference and influence operations. The N.S.A. has also detailed a senior official to the F.B.I. who meets with Mr. Wray every morning.

Beginning in 2018, Cyber Command conducted offensive operations to try to stop Russian agents from conducting influence campaigns. In 2020, the intelligence agencies exposed an Iranian effort to persuade voters in Florida and elsewhere to oppose President Donald J. Trump’s re-election. Intelligence officials have also outlined Russian efforts to weaken the campaign of Joseph R. Biden Jr.

While the N.S.A. rarely discusses its work, General Nakasone disclosed that over the past several years, his agency had conducted about 50 operations in 16 countries to help allies guard against cyberthreats.

“This is a growth industry for us,” he said. “We have a number of different countries that are interested in working with us.”

General Nakasone said the intelligence community was bracing for the midterm elections after a cascade of cyberattacks, including the SolarWinds breach, which infiltrated a number of government agencies, and the Colonial Pipeline attack, which forced a shutdown of a major pipeline.

His agency, General Nakasone said, was anticipating “all that and other things that will be disruptive.”

In recent years, U.S. intelligence analysts and officials have been divided over the threat China poses — and whether it is undertaking the same kind of influence operation that Russia is. Some believe Beijing is more focused on shaping debate over the United States’ policy toward Hong Kong and Taiwan.

But others say China is as grave a threat as Russia in trying to influence the election. Part of the problem has been that intelligence analysts working on China and Russia do not share a common definition of influence operations, something intelligence officials have been trying to remedy over the past 18 months.

In an interview Tuesday with The New York Times, Mr. Wray said China has a “policy of trying to influence our policies and politics.”

“It’s not a straight election issue, but sometimes that strays into election issues,” he said, adding that “it’s more focused on the overall stance of the United States.”

“Elections are just a piece of a much bigger mosaic for them,” he continued.

He added that the Chinese “care more about being caught, which may contribute to their calculus in terms of how they go about what they are doing.”

“Part of that is because of their goal to be the world’s dominant economic power,” he said, adding: “That requires trying to maintain a level of credibility, if you will, with all sorts of audiences around the world.”

Asked whether foreign countries were weaponizing allegations of election fraud, Mr. Wray said that divisive topics often offered an opening. “We have seen different foreign adversaries look for and seize upon any issue that divides us and that generates, even on its own, some level of controversy,” he said. “The more heated it is already, the more they want to pour gasoline on that fire.”

He said that he and Attorney General Merrick B. Garland were “seeing overheated rhetoric and fiery passionate views across the political spectrum boil over into violence and threats of violence.”

Mr. Wray added that the F.B.I.’s job was not to knock down falsehoods spreading on social media but to focus instead on “violations of federal criminal law or national threats from foreign actions.”

Earlier that morning, Lisa O. Monaco, the deputy attorney general, also spoke on a panel.

Asked if the investigation into the attack on the Capitol would continue even if Mr. Trump runs for president again, Ms. Monaco reiterated that the Justice Department would follow the facts, “regardless of whether the subject of those investigations were present on Jan. 6.”

“We’re going to continue to do our job, to follow the facts wherever they go, no matter where they lead, no matter to what level,” Ms. Monaco said. “We’re going to continue to investigate what was fundamentally an attack on our democracy.”

Julian E. Barnes contributed reporting.

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