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Deputy AG Rosenstein on Russiagate: no ‘fishing expeditions’; Grand Jury subpoenas ‘normal’; no indictments pending

Deputy Attorney General Rosenstein pours cold water on claims about Grand Jury indictments pending and of fishing expeditions into Donald Trump’s business affairs.

Alexander Mercouris

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Deputy Attorney General Rod Rosenstein – the man who is supervising Special Counsel Robert Mueller’s Russiagate investigation – has given an interview to Fox News in which he has attempted – within the limits of the duty of confidentiality that cover all such investigations – to pour cold water on the overheated reporting of the last few days.

On the subject of the Grand Jury, he first of all refused to say whether or not one has been specially empanelled (as I have said previously, a highly sourced leak to the New York Times has shown that it has not).  However he did say this about the use of Grand Juries in investigations of this sort.

WALLACE: We learned this week that special counsel Robert Mueller is taking his case to a grand jury. I know you can’t and won’t talk about the details of that case, but as a general proposition, does the fact that a prosecutor takes a case to a grand jury, what does that say about the likelihood of indictments?

ROSENSTEIN: Chris, I’m — you are right that I’m not going to comment on the case. I’m not going to comment about whether Director Mueller has or hasn’t opened a grand jury. You know, we read a lot about criminal investigations in the media and some of those stories are false…..

(bold italics added)

The highlighted words are a clear hint from Rosenstein that as the New York Times has previously reported no special Grand Jury has in fact been empanelled, and that the reporting that one has is false.

Having to the extent that he could cleared up the matter of whether a special Grand Jury had been empanelled, Rosenstein clearly explained what Grand Juries are used for, and why construing the likelihood of criminal charges being brought because an investigation is making use of them is completely unwarranted

WALLACE: But I’m asking you a different question. What does it say when a prosecutor takes a case, in general, to a grand jury about the likelihood of indictments?

ROSENSTEIN: In general, Chris, it doesn’t say anything about the likelihood of indictments because we conduct investigations and we make a determination that at some point in the course of the investigation about whether charges are appropriate.

WALLACE: And what’s the advantage in terms of an investigation into taking a case to a grand jury?

ROSENSTEIN: Many of our investigations, Chris, involve the use of a grand jury. It’s an appropriate way to gather documents, sometimes to bring witnesses in, to make sure that you get their full testimony. It’s just a tool that we use like any other tool in the course of our investigations.

(bold italics added)

This is obviously correct, as is the further point about Mueller’s use of Grand Juries to subpoena documents made by New York State Governor Chris Christie, like Rosenstein a former federal prosecutor

Christie, a former federal prosecutor, made similar comments about a grand jury’s power to issue subpoenas and gather information, while downplaying the news about Mueller purportedly having impaneled another one, reported first by The Wall Street Journal.

“The coverage about how monumental this was is just a fundamental misunderstanding of the way this process works, Christie said on CNN’s “State of the Union.”

He called Mueller’s use of such a jury “a normal step taken by a careful prosecutor who is doing a thorough investigation.”

(bold italics added)

Compare these calm statements of Rosenstein and Christie with my essentially identical statement about the use of the Grand Jury device which I made when the story first broke three days ago

It is in fact standard practice in certain states of the US for investigating prosecutors to use Grand Juries to issue subpoenas, thereby avoiding the complexities of applying to a court for warrants which might require the person under investigation to attend and have his say.

That is all that Mueller appears to have done, and it is in fact something which is regularly done in investigations of this sort.  Indeed it was obviously something which it was envisaged Mueller would do when his inquiry was first set up.

What seems to have happened is that someone learnt of the fact that Mueller had used a Grand Jury to issue subpoenas as part of his investigation and jumped to conclusions from that fact which are unwarranted.

The hysteria and the gloating we have witnessed over the last few days on this issue of Mueller’s use of a Grand Jury is unwarranted and groundless.  I cannot believe that the media in the US of all places is unfamiliar with the use of Grand Juries in investigations.  The tidal wave of misrepresentation there has been on this subject over the last few days is therefore deliberate.

On the subject of Mueller and his team now hunting for evidence of other crimes Trump and his associates might have committed which are unrelated to the claims of collusion between the Trump campaign and Russia, Rosenstein had this to say

WALLACE: When you — now, I know I’m very dangerous territory here, but hear me out on this because I’m not asking about the investigation. When you appointed Mueller, and you were the one who did, you had to sign an order authorizing the appointment of a special counsel, and you said that he was authorized to investigate any coordination with Russia and — I want to put these words on the screen — any matters that arose or may arise directly from the investigation.

My question is, does that mean that there are no red lines that Mueller or any special counsel can investigate under the terms of your order, anything he finds?

ROSENSTEIN: Chris, the special counsel is subject to the rules and regulations of the Department of Justice, and we don’t engage in fishing expeditions. Now, that order that you read, that doesn’t detail specifically who may be the subject of the investigation —

WALLACE: Right.

ROSENSTEIN: — because we don’t reveal that publicly.

But Bob Mueller understands and I understand the specific scope of the investigation and so, it’s not a fishing expedition.

WALLACE: I understand it’s not a fishing expedition, but you say any matters that arose or may arise directly from the investigation. In the course of his investigation of the issues that he is looking at, if he finds evidence of a crime, can he look at that?

ROSENSTEIN: Well, Chris, if he finds evidence of a crime that’s within the scope of what Director Mueller and I have agreed is the appropriate scope of the investigation, then he can. If it’s something that’s outside that scope, he needs to come to the acting attorney general, at this time, me, for a permission to expand his investigation. But we don’t talk about that publicly.

And so, the speculation you’ve seen in the news media, that’s not anything that I’ve said. It’s not anything Director Mueller said. We don’t know who’s saying it or how credible those sources are.

(bold italics added)

The highlighted words are as clear a statement as Rosenstein can make given the constraints upon him that no fishing expedition is underway and that claims in the media that one is happening are untrue.

That has to be correct.  I would add that since the instructions Rosenstein gave Mueller, which set out the scope of his inquiry, were made public I would expect any variation or extension of those instructions authorising Mueller to investigate matters unrelated to Russiagate to be made public also.  Indeed Rosenstein’s comments appear to say as much.

Since no variation or extension of Mueller’s instructions has been made public, none can have taken place, and all claims that Mueller and his inquiry are engaging in a fishing expedition are therefore wrong and groundless.

As I have said previously, engaging in a fishing expedition of the sort the media has been writing about would be grossly unethical.  Not only is that my view but interestingly it is also the view of Matthew Whittaker, one of CNN’s own Legal Commentators, as shown by these comments in a lengthy article he has written for CNN

According to a CNN article, Mueller’s investigators could be looking into financial records relating to the Trump Organization that are unrelated to the 2016 election. According to these reports, “sources described an investigation that has widened to focus on possible financial crimes, some unconnected to the 2016 election.” The piece goes on to cite law enforcement sources who say non-Russia-related leads that “involve Trump associates” are being referred to the special counsel “to encourage subjects of the investigation to cooperate.”

This information is deeply concerning to me. It does not take a lawyer or even a former federal prosecutor like myself to conclude that investigating Donald Trump’s finances or his family’s finances falls completely outside of the realm of his 2016 campaign and allegations that the campaign coordinated with the Russian government or anyone else. That goes beyond the scope of the appointment of the special counsel.

In fact, Deputy Attorney General Rod Rosenstein’s letter appointing special counsel Robert Mueller does not give Mueller broad, far-reaching powers in this investigation. He is only authorized to investigate matters that involved any potential links to and coordination between two entities — the Trump campaign and the Russian government. People are wrongly pointing to, and taking out of context, the phrase “any matters that arose or may arise directly from the investigation” to characterize special counsel’s authority as broad.

The word “investigation” is clearly defined directly preceding it in the same sentence specifically as coordination between individuals associated with the campaign of Donald Trump and Russia. The Trump Organization’s business dealings are plainly not within the scope of the investigation, nor should they be.

Indeed, Sunday on Fox News, Rod Rosenstein acknowledged Mueller had limited authority and would need to seek his permission to expand the investigation.

Beyond the legal reading, the broad authority argument defies plain logic: If the special counsel could investigate anything he wants, why would there even need to be a letter spelling out the specific limits of the investigation?

One of the dynamics at play here is that people are conflating this investigation and Kenneth Starr’s 1994 investigation into President Bill Clinton. While partly understandable at first glance, the two investigations are not comparable — not only have more than two decades passed since then, but a completely new law and legal framework governing separate investigations has also passed. Starr was an independent counsel and Mueller is a special counsel, the two words are different for a reason.

Any investigation into President Trump’s finances or the finances of his family would require Mueller to return to Rod Rosenstein for additional authority under Mueller’s appointment as special counsel.

If he were to continue to investigate the financial relationships without a broadened scope in his appointment, then this would raise serious concerns that the special counsel’s investigation was a mere witch hunt. If Mueller is indeed going down this path, Rosenstein should act to ensure the investigation is within its jurisdiction and within the authority of the original directive.

I’ve prosecuted several financial crimes at the federal level and I’ve also defended plenty in my private practice. From this unique vantage point, I can understand how a motivated prosecutor, in a broad investigation into the financial affairs of high-profile individuals, can become overzealous toward the targets of such probes — with calamitous results. While no one is above the law, in situations such as this, any seasoned prosecutor must use discretion both judiciously and expertly.

It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel.

If he doesn’t, then Mueller’s investigation will eventually start to look like a political fishing expedition. This would not only be out of character for a respected figure like Mueller, but also could be damaging to the President of the United States and his family — and by extension, to the country.

(bold italics added)

Whittaker’s fear that a fishing expedition is taking place is as I have said unwarranted because as Rosenstein has made clear no fishing expedition is in fact taking place, and media stories that one is – like the CNN article Whittaker refers to – are false.  However I have set out Whittaker’s comments at length because they provide a detailed explanation from a US attorney of how deeply wrong and unethical such a fishing expedition would be.

What is really concerning is not that a fishing expedition is underway; it is that the entire media reporting of the state of the Russiagate inquiry over the last four days has been almost entirely false.

I cannot avoid the nagging feeling that the true reason there is all this talk of Mueller undertaking a fishing expedition is precisely because of growing alarm that Mueller’s investigation is drawing a blank.  Given the disaster for the credibility of some people if Mueller clears Trump and his associates, Mueller and Rosenstein are therefore coming under pressure to expand the scope of their inquiry to cover other unrelated things in the hope that something damaging to Trump that either he or his associates can be charged with will turn up.

This looks to me to be the agenda behind the overheated reporting of the last few days about Grand Juries and fishing expeditions: to make it clear to Mueller that his investigation will be deemed to have “failed” if he does not bring charges against some people, and to put pressure on him and Rosenstein to expand the scope of the inquiry to ensure that he does.

Much now therefore depends on Rosenstein and Mueller.  They have reputations to defend.  Will they live up to them by resisting this pressure?

Meanwhile, as reports – which are almost certainly false – that Trump has been thinking of sacking Mueller continue to circulate, it is richly ironic that the actual pressure on Mueller appears to be coming not from President Trump but from his opponents.

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Photos of swastika on Ukrainian mall stairway creates a stir [Video]

Ukrainian nationalist press in damage-control mode to explain away the Nazi sign, but they forgot the name of the street the mall is on.

Seraphim Hanisch

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One of the aspects of news about Ukraine that does not make it past the gatekeepers of the American and Western news media is how a significant contingent of Ukrainian nationalists have espoused a sense of reverence for Nazis. The idea that this could even happen anywhere in the world in an open manner makes the claim seem too absurd to be taken seriously. Gone are the days when the Nazi swastika adorned streets and buildings in Europe. Right?

Well, maybe, wrong.

This was seen in Kyiv’s Gorodok (or Horodok, if you insist) Gallery, a shopping center in that city, located on Bandera Avenue.

The pro-nationalist news service UNIAN wasted no time going to press with their explanation of this incident, which admittedly may be accurate:

Children and teenagers who participated in the All-Ukrainian break dance festival held in the Kyiv-based Gorodok Gallery shopping mall were shocked to see a swastika image projected onto an LED staircase.

The mall administration apologized to visitors, explaining saying that their computer system had apparently been hacked.

“The administration and staff have no relation to whatever was projected onto the LED-staircase, and in no way does it support such [an] act. Now we are actively searching for those involved in the attack,” it said in a statement.

According to Gorodok Gallery’s administrative office, it was not the first time a cyber breach took place.

As reported earlier, Ukraine is believed to be a testing ground for cyberattacks, many of which are launched from Russia. Hackers have earlier targeted critical energy infrastructure, state institutions, banks, and large businesses.

This time, it appears, hackers aimed to feed the Kremlin’s narrative of “Nazis in power in Ukraine” and create a relevant hype-driving viral story for Russian media to spread it worldwide.

The Gorodok Gallery also apologized on its Facebook page and said that this was a result of hacking.

But what about the street that the mall is on? From the self-same Facebook page, this is what we see:


To translate, for those who do not read Ukrainian or Russian, the address says the following:

23 Steven Bandera Prospekt, Kyiv, Ukraine 04073

This street was formerly called “Moscow Avenue.” Big change, as we shall see.

Steven Bandera got his birthday designated as a national holiday in Ukraine last December. He is known in Ukraine’s history for one thing. According to the Jerusalem Post:

The street where the shopping mall is located is named for Stepan Bandera, a Ukrainian nationalist who briefly collaborated with Nazi Germany in its fight against Russia.

His troops are believed to have killed thousands of Jews.

Several Israeli papers picked this bit of news up, and of course, the reasons are understandable. However, for the West, it appears possible that this news event will largely go unnoticed, even by that great nation that is often called “Israel’s proxy”, the United States.

This is probably because for certain people in the US, there is a sense of desperation to mask the nature of events that are happening in Ukraine.

The usual fare of mainstream news for the West probably consists of things like “Putin’s military seizes innocent Ukrainian sailors in Kerch incident” or, “Ukraine’s Orthodox Church declared fully independent by Patriarch of Constantinople” (not that too many Americans know what a Constantinople even is, anyway), but the overriding narrative for the American people about this country is “Ukraine are the good guys, and Russia are the bad guys,” and this will not be pushed aside, even to accommodate the logical grievance of Israel to this incident.

If this article gets to Western papers at all, it will be the UNIAN line they adhere to, that evil pro-Russia hackers caused this stairway to have a swastika to provoke the idea that Ukraine somehow supports Naziism.

But UNIAN neglected to mention that the street name was recently changed to Stephan Bandera (in 2016), and no one appears to have hacked this. Nor does UNIAN talk about the Azov fighters that openly espoused much of the Nazi ideology. For nationalist Ukrainians, this is all for the greater good of getting rid of all things Russia.

A further sad fact about this is the near impossibility of getting assuredly honest and neutral information about this and other similar happenings. Both Ukrainian nationalists and Russian media agencies have dogs in the race, so to speak. They are both personally connected to these events. However, the Russian media cannot be discounted here, because they do offer a witness and perspective, probably the closest to any objective look at what is going on in Ukraine. We include a video of a “torchlight march” that took place in 2017 that featured such hypernationalist activity, which is not reported in the West.

More such reports are available, but this one seemed the best one to summarize the character of what is going on in the country.

While we do not know the motive and identities of whoever programmed the swastika, it cannot really be stated that this was just a random publicity stunt in a country that has no relationship with Nazi veneration.

The street the mall is on bears witness to that.

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It’s Back to the Iran-Contra Days Under Trump

Abrams and his cronies will not stop with Venezuela.

Strategic Culture Foundation

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Authored by Wayne Madsen, via The Strategic Culture Foundation:


Showing that he is adopting the neoconservative playbook every day he remains in office, Donald Trump handed the neocons a major win when he appointed Iran-contra scandal felon Elliott Abrams as his special envoy on Venezuela. Abrams pleaded guilty in 1991 to two counts of withholding information on the secret sale of US weapons for cash to help illegally supply weapons to the Nicaraguan right-wing contras, who were battling against the government of President Daniel Ortega. Abrams would have headed to a federal prison, but President George H. W. Bush, an unindicted co-conspirator in the scandal, issued pardons to Abrams and his five fellow conspirators – former Secretary of Defense Caspar Weinberger, former National Security Adviser Robert McFarlane, and former Central Intelligence Agency officials Alan Fiers, Duane “Dewey” Clarridge, and Clair George – on Christmas Eve 1991, during the final weeks of Bush’s lame duck administration.

Abrams escaped being charged with more serious crimes by Independent Counsel Lawrence Walsh because he cut a last-minute deal with federal prosecutors. Trump, who has made no secret of his disdain for cooperating federal witnesses, would have normally called Abrams a “rat,” a gangster term meaning informant. The man who helped engineer the pardons for Abrams and his five convicted friends was none other than Bush’s Attorney General, William Barr, who has just been sworn in as Trump’s Attorney General. Trump, who is always decrying the presence of the “deep state” that thwarts his very move, has become the chief guardian of that entity.

During a recent hearing of the US House of Representatives Foreign Affairs Committee, newly-minted congresswoman Ilhan Omar, Democrat of Minnesota, reminded her colleagues and the world about the sordid background of Abrams.

Omar zeroed in on Abrams’s criminal history:

“Mr. Abrams, in 1991 you pleaded guilty to two counts of withholding information from Congress regarding the Iran-Contra affair, for which you were later pardoned by President George H.W. Bush. I fail to understand why members of this committee or the American people should find any testimony you give today to be truthful.”

Abrams, as is the nature of neocons, refused to respond to Omar and cited her comments as “personal attacks.”

Abrams’s and his fellow criminals’ use of mercenaries and “death squads” to conduct secret wars in Nicaragua, Honduras, El Salvador, and Guatemala during the Ronald Reagan administration in the 1980s has made a re-entrance under Trump. Abrams was brought on board by neocons like National Security Adviser John Bolton, Vice President Mike Pence, and Secretary of State Mike Pompeo to oversee a US military build-up in Colombia, said to be 5000 US troops, to support Venezuelan paramilitary and military efforts to topple President Nicolas Maduro. Abrams and Bolton are also believed to have retained the services of another unindicted conspirator in the Iran-contra affair, Michael Ledeen, a colleague of the disgraced and convicted former Trump National Security Adviser, retired Lieutenant General Michael Flynn. Ledeen and Flynn co-authored a book titled, “The Field of Fight: How We Can Win the Global War Against Radical Islam and its Allies.” The book contains nothing more than the standard neocon tripe one might expect from the likes of Ledeen.

An official investigation of the Iran-contra scandal by the late Republican Senator John Tower of Texas concluded that Abrams’s and Ledeen’s friend, Iranian-Jewish middleman Manucher Ghorbanifar, a long-time Mossad asset and well-known prevaricator, was extremely instrumental in establishing the back-channel arms deals with Iran. Ghorbanifar has long been on the CIA “burn list” as an untrustworthy charlatan, along with others in the Middle East of similar sketchy credentials, including the Iraq’s Ahmad Chalabi, Syria’s Farid “Frank” Ghadry, and Lebanon’s Samir “Sami” Geagea. These individuals, however, were warmly embraced by neocons like Abrams and his associates.

Abrams, whose links with Israeli intelligence has always been a point of consternation with US counter-intelligence officials, is part of an old cabal of right-wing anti-Soviet Democrats who coalesced around Senator Henry Jackson in the 1970s. Along with Abrams, this group of war hawks included Richard Perle, Frank Gaffney, William Kristol, Douglas Feith, Lewis “Scooter” Libby, Abram Shulsky, and Paul Wolfowitz. Later, this group would have its fingerprints on major US foreign policy debacles, ranging from Nicaragua and Grenada to Lebanon, Iraq, and Libya. Later, in December 2000, these neocons managed to convince president-elect George W. Bush of the need to “democratize” the Middle East. That policy would later bring not democracy but disaster to the Arab Middle East and North Africa.

Abrams and his cronies will not stop with Venezuela. They have old scores to settle with Nicaraguan President Ortega. The initiation of “regime change” operations in Nicaragua, supported by the CIA and the US Southern Command (SOUTHCOM) in Miami, have been ongoing for more than a year.

The Trump administration has already achieved a regime change victory of sorts in El Salvador. Nayib Bukele, the former mayor of San Salvador, who was expelled from the formerly-ruling left-wing Farabundo Marti National Liberation (FMLN) party and joined the right-wing GANA party, was recently elected president of El Salvador. Bukele has quickly re-aligned his country’s policies with those of the Trump administration. Bukele has referred to President Maduro of Venezuela as a “dictator.” He has also criticized the former FMLN government’s recognition of China and severance of diplomatic ties with Taiwan. It will be interesting to see how a sycophant like Bukele will politically survive as Trump continues to call hapless asylum-seeking migrants from his country, who seek residency in the United States, “rapists, gang monsters, murderers, and drug smugglers.”

Another country heading for a US-installed “banana republic” dictator is Haiti. President Jovenal Moise has seen rioting in the streets of Port-au-Prince as the US State Department removed all “non-essential” personnel from the country. Moise, whose country has received $2 billion in oil relief from Venezuela, to help offset rising fuel prices, has continued to support the Maduro government. However, at the US-run and neo-colonial artifice, the Organization of American States (OAS), Moise’s envoys have been under tremendous pressure to cut ties with Venezuela and recognize the US puppet Juan Guaido as Venezuelan president. Moise’s refusal to do so resulted in armed gangs hitting the streets of Port-au-Prince demanding Moise’s resignation. It is the same neocon “regime change” playbook being used in Venezuela and Nicaragua.

There will be similar attempts to replace pro-Maduro governments in his remaining allies in the region. These include Suriname, Antigua and Barbuda, Dominica, and Saint Vincent and the Grenadines.

Abrams was also brought in as an adviser on Middle East policy in the George W. Bush administration. The carnage of Iraq is a stark testament to his record. In 2005, it was reported that two key Bush White House officials – Deputy Chief of Staff Karl Rove and Deputy National Security Adviser Elliot Abrams – gave a “wink and a nod” for the assassinations by Israeli-paid operatives of three key Lebanese political figures seeking a rapprochement with Syria and Lebanese Hezbollah – Member of Parliament Elie Hobeika, former Lebanese Communist Party chief George Hawi, and former Prime Minister Rafik Hariri.

In 2008, a United Nations panel headed by former Canadian prosecutor Daniel Bellemare later concluded Hariri was assassinated by a “criminal network” and not by either Syrian and Lebanese intelligence or Lebanese Hezbollah as proffered by Abrams and his friends in Washington.

Representative Omar was spot on in questioning why Abrams, whose name is as disgraced as his two fellow conspirators – Oliver North and John Poindexter – whose criminal convictions were overturned on appeal, is working for the Trump administration on Venezuela. The answer is that the neocons, who can sense, like raptors, Trump’s political weakness, have filled the vacuum left by top-level vacancies in the administration.

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Putin: If mid-range missiles deployed in Europe, Russia will station arms to strike decision centers

Putin: If US deploys mid-range missiles in Europe, Russia will be forced to respond.

RT

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Via RT…


If the US deploys intermediate-range missiles in Europe, Moscow will respond by stationing weapons aimed not only against missiles themselves, but also at command and control centers, from which a launch order would come.

The warning came from President Vladimir Putin, who announced Russia’s planned actions after the US withdraws from the INF Treaty – a Cold War-era agreement between Washington and Moscow which banned both sides form having ground-based cruise and ballistic missiles and developing relevant technology.

The US is set to unilaterally withdraw from the treaty in six months, which opens the possibility of once again deploying these missiles in Europe. Russia would see that as a major threat and respond with its own deployments, Putin said.

Intermediate-range missiles were banned and removed from Europe because they would leave a very short window of opportunity for the other side to decide whether to fire in retaliation after detecting a launch – mere minutes. This poses the threat of an accidental nuclear exchange triggered by a false launch warning, with the officer in charge having no time to double check.

“Russia will be forced to create and deploy weapon systems, which can be used not only against the territories from which this direct threat would be projected, but also against those territories where decision centers are located, from which an order to use those weapons against us may come.” The Russian president, who was delivering a keynote address to the Russian parliament on Wednesday, did not elaborate on whether any counter-deployment would only target US command-and-control sites in Europe or would also include targets on American soil.

He did say the Russian weapon system in terms of flight times and other specifications would “correspond” to those targeting Russia.

“We know how to do it and we will implement those plans without a delay once the relevant threats against us materialize,”he said.

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