Has Jared Kushner Conspired to Defraud America?
Has Jared Kushner Conspired to Defraud America?
By MARCY WHEELERFEB. 28, 2018
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Jared Kushner, the president’s senior adviser, has conducted foreign policy without officially disclosing all the personal interests he may have been serving. CreditAlex Brandon/Associated Press
Amid the dizzying details of internet trolls, almost a million dollars’ worth of antique rugs and fake bank accounts, the indictments brought by Robert Mueller, the special counsel, in his investigation of Russian tampering in the 2016 election have one thing in common.
Both the indictment of 13 Russians associated with a troll farm called Internet Research Agency and the indictment of President Trump’s onetime campaign chairman Paul Manafort accuse the defendants of pretending to engage in American politics in good faith but secretly serving someone else’s interest. In both cases, the charge, “conspiracy to defraud the United States,” is an assertion that they were really serving the interests of Russia or of a Russian-backed Ukrainian politician, and that by hiding their true intent, the defendants prevented the United States government from protecting our politics from undisclosed outside influence.
That precedent, and the guilty plea to the same charge by Rick Gates, Mr. Manafort’s deputy, may pose a real danger to Jared Kushner, the president’s son-in-law and senior adviser. According to reports, Mr. Mueller appears to be assessing whether Mr. Kushner, in the guise of pursuing foreign policy on behalf of the United States, was actually serving the interests of his family and foreign governments.
On Tuesday, The Washington Post reported that “officials in at least four countries” — United Arab Emirates, China, Israel and Mexico — “have privately discussed ways they can manipulate” Mr. Kushner by taking advantage of his “complex business arrangements, financial difficulties and lack of foreign policy experience.” The president gave his son-in-law an expansive foreign policy role, including an effort to negotiate peace between Israel and the Palestinians. The implication in the article is that the United States government has intercepted communications of foreign leaders talking about ways they could take advantage of Mr. Kushner, whose family real estate empire is facing substantial debt woes.
The biggest concern in the Post report — and surely one reason such intelligence led to Mr. Kushner’s being stripped of his interim top-secret security clearance last week — is that foreign countries would offer him personal financial benefits in the same conversations in which he purports to represent America’s best interests.
There has already been ample reporting suggesting that Mr. Kushner may have done just that. During a period when Mr. Kushner was negotiating President Trump’s first visit to China, his family business was trying to sell a debt-ridden property in New York to an insurance company with ties to the Chinese Communist Party. Public scrutiny of the deal scuttled it. Last May, The New York Times described how, immediately after the Trump administration extended a visa program for wealthy investors, Mr. Kushner’s sister invoked Mr. Kushner in a presentation seeking Chinese investment in one of the family’s New Jersey real estate developments.
Such appearances of conflict might not, by themselves, get Mr. Kushner in trouble. The president has broad authority to set the country’s foreign policy, and public corruption laws have been far more difficult to enforce after a 2016 Supreme Court decision overturning the conviction of the former Virginia governor Robert McDonnell on bribery charges.
But Mr. Kushner might face more trouble to the extent he keeps such negotiations secret from those in charge of carrying out United States foreign policy. When the national security adviser, H. R. McMaster, learned of some of Mr. Kushner’s communications only after the fact, he was surprised, one official told The Post, and thought it was “weird.”
Mr. Kushner has been famously tardy in disclosing his business interests and ties with foreigners in his application for a security clearance. He was still making updates to his forms as recently as January. That means he has conducted an entire year of foreign policy without officially disclosing all the personal interests he may have been serving.
Finally, the risk might be greater still if Mr. Kushner negotiated such deals before Mr. Trump’s inauguration. That’s the possibility raised by Mr. Kushner’s pre-inauguration meetings with Russia. In December 2016, Mr. Kushner met with Sergey Gorkov, the head of a bank under American sanctions, Vnesheconombank. That meeting came after Mr. Kushner suggested a back channel of communications in a meeting with Russia’s ambassador, Sergey Kislyak, according to Mr. Kislyak.
Nor did Mr. Trump’s transition team alert the Obama administration before Crown Prince Mohammed bin Zayed al-Nahyan of Abu Dhabi in the United Arab Emirates visited New York in December 2016 for a meeting involving Mr. Kushner and others at Trump Tower.
While the proper authorities may not have been informed of this series of meetings, Michael Flynn, the former national security adviser who pleaded guilty and agreed to cooperate with Mr. Mueller’s investigators late last year, did attend or at least knew of them. Steve Bannon, who recently sat for 20 hours of interviews with special counsel prosecutors, participated in the Zayed Trump Tower meeting along with Mr. Flynn and Mr. Kushner. So if they are a concern to Mr. Mueller, he has recently gotten far more details of what happened at the meetings.
Mr. Kushner’s defense attorney, Abbe Lowell, has been very forthcoming with the press. But he seems to have relied on the same on-the-record quotation since Feb. 16, when news first broke that Mr. Kushner might lose his interim security clearance. Twelve days ago, a statement from Mr. Lowell to The Washington Post directly addressed the gist of the story that just broke Tuesday. Mr. Kushner’s job, Mr. Lowell said, was “to talk with foreign officials,” which, he added, Mr. Kushner has done “properly.”
Perhaps Mr. Kushner is just a person who had no idea what he was doing and wanted to improve his and his family’s finances. Still, there are many reasons to question whether he has talked with foreign officials with the proper disclosures, designed to ensure that those claiming to represent the interests of the United States aren’t hiding their own interests or those of foreign governments.
In pursuing his investigation into Russian tampering, Mr. Mueller appears to be doing something more: restoring the regulatory teeth to ensure that those engaging in American politics are doing what they publicly claim they are. If Mr. Mueller extends this effort to foreign policy, Mr. Kushner may be in real trouble.
https://www.nytimes.com/2018/02/28/o...pgtype=article