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Using the courts to destroy Mike Flynn and the Trump administration pushes the US toward authoritarianism

Trump’s former National Security Advisor has been taken down – but at what cost to American democracy?

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(Consortiumnews) – Russia-gate enthusiasts are thrilled over the guilty plea of President Trump’s former National Security Adviser Michael Flynn for lying to the FBI about pre-inauguration conversations with the Russian ambassador, but the case should alarm true civil libertarians.

Retired U.S. Army Lt. Gen Michael Flynn at a campaign rally for Donald Trump at the Phoenix Convention Center in Phoenix, Arizona. Oct. 29, 2016. (Flickr Gage Skidmore)

What is arguably most disturbing about this case is that then-National Security Adviser Flynn was pushed into a perjury trap by Obama administration holdovers at the Justice Department who concocted an unorthodox legal rationale for subjecting Flynn to an FBI interrogation four days after he took office, testing Flynn’s recollection of the conversations while the FBI agents had transcripts of the calls intercepted by the National Security Agency.

In other words, the Justice Department wasn’t seeking information about what Flynn said to Russian Ambassador Sergey Kislyak – the intelligence agencies already had that information. Instead, Flynn was being quizzed on his precise recollection of the conversations and nailed for lying when his recollections deviated from the transcripts.

For Americans who worry about how the pervasive surveillance powers of the U.S. government could be put to use criminalizing otherwise constitutionally protected speech and political associations, Flynn’s prosecution represents a troubling precedent.

Though Flynn clearly can be faulted for his judgment, he was, in a sense, a marked man the moment he accepted the job of national security adviser. In summer 2016, Democrats seethed over Flynn’s participation in chants at the Republican National Convention to “lock her [Hillary Clinton] up!”

Then, just four days into the Trump presidency, an Obama holdover, then-acting Attorney General Sally Yates, primed the Flynn perjury trap by coming up with a novel legal theory that Flynn – although the national security adviser-designate at the time of his late December phone calls with Kislyak – was violating the 1799 Logan Act, which prohibits private citizens from interfering with U.S. foreign policy.

But that law – passed during President John Adams’s administration in the era of the Alien and Sedition Acts – was never intended to apply to incoming officials in the transition period between elected presidential administrations and – in the past 218 years – the law has resulted in no successful prosecution at all and thus its dubious constitutionality has never been adjudicated.

Stretching Logic

But Yates extrapolated from her unusual Logan Act theory to speculate that since Flynn’s publicly known explanation of the conversation with Kislyak deviated somewhat from the transcript of the intercepts, Flynn might be vulnerable to Russian blackmail.

Russia’s former Ambassador to the United States Sergey Kislyak. (Photo from Russian Embassy)

Yet, that bizarre speculation would require that the Russians first would have detected the discrepancies; secondly, they would have naively assumed that the U.S. intelligence agencies had not intercepted the conversations, which would have negated any blackmail potential; and thirdly, the Russians would have to do something so ridiculously heavy-handed – trying to blackmail Flynn – that it would poison relations with the new Trump administration.

Yates’s legal theorizing was so elastic and speculative that it could be used to justify subjecting almost anyone to FBI interrogation with the knowledge that their imperfect memories would guarantee the grounds for prosecution based on NSA intercepts of their communications.

Basically, the Obama holdovers concocted a preposterous legal theory to do whatever they could to sabotage the Trump administration, which they held in fulsome disdain.

At the time of Flynn’s interrogation, the Justice Department was under the control of Yates and the FBI was still under President Obama’s FBI Director James Comey, another official hostile to the Trump administration who later was fired by Trump.

The Yates-FBI perjury trap also was sprung on Flynn in the first days of the Trump presidency amid reverberations of the massive anti-Trump protests that had arisen across the country in support of demands for a “#Resistance” to Trump’s rule.

Flynn also had infuriated Democrats when he joined in chants at the Republican National Convention of “lock her up” over Democratic presidential nominee Hillary Clinton’s use of a private email server and other alleged offenses. So, in targeting Flynn, there was a mix of personal payback and sabotage against the Trump administration.

The Legal Construct

The two-page complaint against Flynn, made public on Friday, references false statements to the FBI regarding two conversations with Kisylak, one on Dec. 22, 2016, and the other on Dec. 29, 2016.

Hillary Clinton speaking at a rally in Phoenix, Arizona, March 21, 2016. (Photo by Gage Skidmore)

The first item in the complaint alleges that Flynn did not disclose that he had asked the Russian ambassador to help delay or defeat a United Nations Security Council vote censuring Israel for building settlements on Palestinian territory.

The New York Times reported on Friday that Russia-gate investigators “learned through witnesses and documents that Israeli Prime Minister Benjamin Netanyahu asked the Trump transition team to lobby other countries to help Israel, according to two people briefed on the inquiry.

“Investigators have learned that Mr. Flynn and Mr. Trump’s son-in-law and senior adviser, Jared Kushner, took the lead in those efforts. Mr. Mueller’s team has emails that show Mr. Flynn saying he would work to kill the vote, the people briefed on the matter said,” according to the Times.

Breaking with past U.S. precedents, President Obama had decided not to veto the resolution criticizing Israel, choosing instead to abstain. However, the censure resolution carried with Russian support, meaning that whatever lobbying Flynn and Kushner undertook was unsuccessful.

But the inclusion of this Israeli element shows how far afield the criminal Russia-gate investigation, headed by former FBI Director Robert Mueller, has gone. Though the original point of the inquiry was whether the Trump team colluded with Russians to use “hacked” emails to defeat Hillary Clinton’s campaign, the criminal charge against Flynn has nothing to do with election “collusion” but rather President-elect Trump’s aides weighing in on foreign policy controversies during the transition. And, the first initiative was undertaken at the request of Israeli Prime Minister Netanyahu, not Russian President Vladimir Putin.

The second item, cited by Mueller’s prosecutors, referenced a Dec. 29 Flynn-Kislyak conversation, which received public attention at the time of Flynn’s Feb. 13 resignation after only 24 days on the job. That phone call touched on Russia’s response to President Obama’s decision to issue new sanctions against the Kremlin for the alleged election interference.

The complaint alleges that Flynn didn’t mention to the FBI that he had urged Kislyak “to refrain from escalating the situation” and that Kislyak had subsequently told him that “Russia had chosen to moderate its response to those sanctions as a result of his request.”

The Dec. 29 phone call occurred while Flynn was vacationing in the Dominican Republic and thus he would have been without the usual support staff for memorializing or transcribing official conversations. So, the FBI agents, with the NSA’s transcripts, would have had a clearer account of what was said than Flynn likely had from memory. The content of Flynn’s request to Kislyak also appears rather uncontroversial, asking the Russians not to overreact to a punitive policy from the outgoing Obama administration.

In other words, both of the Flynn-Kislyak conversations appear rather unsurprising, if not inconsequential. One was taken at the behest of Israel (which proved ineffective) and the other urged the Kremlin to show restraint in its response to a last-minute slap from President Obama (which simply delayed Russian retaliation by several months).

Double Standards

While Flynn’s humiliation has brought some palpable joy to the anti-Trump “Resistance” – one more Trump aide being taken down amid renewed hope that this investigation will somehow lead to Trump’s resignation or impeachment – many of the same people would be howling about trampled civil liberties if a Republican bureaucracy were playing this game on a Democratic president and his staff.

Retired Lt. Gen. Michael Flynn attending a dinner marking the RT network’s 10-year anniversary in Moscow, December 2015, sitting at the same table as Russian President Vladimir Putin and Green Party leader Jill Stein.

Indeed, in the turnabout-is-fair-play department, there is some equivalence in what is happening over Russia-gate to what the Republicans did in the 1990s exploiting their control of the special-prosecutor apparatus in the first years of Bill Clinton’s presidency when interminable investigations into such side issues as his Whitewater real-estate deal and the firing of the White House travel office staff plagued the Clinton administration.

Similarly, Republicans seized on the deaths of four U.S. diplomatic personnel on Sept. 11, 2012, in Benghazi, Libya, to conduct a series of lengthy investigations to tarnish Secretary of State Hillary Clinton’s tenure and raise questions about her judgment. Democrats understandably called these attacks partisan warfare in legal or investigative garb.

What I have heard from many Hillary Clinton supporters in recent months is that they don’t care about the unfairness of the Russia-gate process or the dangerous precedents that such politicized prosecutions might set. They simply view Trump as such a danger that he must be destroyed at whatever the cost.

Yet, besides the collateral damage inflicted on mid-level government officials such as retired Lt. Gen. Flynn facing personal destruction at the hands of federal prosecutors with unlimited budgets, there is this deepening pattern of using criminal law to settle political differences, a process more common in authoritarian states.

As much as the Russia-gate enthusiasts talk about how they are upholding “the rule of law,” there is the troubling appearance that the law is simply being used to collect the scalps of political enemies.

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Trump Demands Tribute from NATO Vassals

The one thing that we should all understand, and which Trump perfectly and clearly understands, is that the members of NATO are a captive audience.

Strategic Culture Foundation

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Authored by Tim Kirby via The Strategic Culture Foundation:


Regardless of whether one loves or hates President Trump at least we can say that his presidency has a unique flavor and is full of surprises. Bush and Obama were horribly dull by comparison. Trump as a non-politician from the world of big (real estate) business and media has a different take on many issues including NATO.

Many, especially in Russia were hoping that “The Donald’s” campaign criticism of NATO would move towards finally putting an end to this anti-Russian alliance, which, after the fall of Communism really has no purpose, as any real traditional military threats to Europe have faded into history. However, Trump as President of the United States has to engage in the “realpolitik” of 21st century America and try to survive and since Trump seems rather willing to lie to get what he wants, who can really say which promises from his campaign were a shoot and which were a work.

So as it stands now Trump’s recent decision to maintain and build US/NATO bases across the world “and make country X pay for it” could mean anything from him trying to keep his campaign promises in some sort of skewed way, to an utter abandonment of them and submission to the swamp. Perhaps it could simply be his business instincts taking over in the face of “wasteful spending”. Making allies have to pay to have US/NATO forces on their territory is a massive policy shift that one could only predict coming from the unpredictable 45th President.

The one thing that we should all understand, and which Trump perfectly and clearly understands, is that the members of NATO (and other “allies”) are a captive audience, especially Germany, Japan and South Korea, which “coincidentally” are the first set of countries that will have to pay the “cost + 50%” to keep bases and US soldiers on their soil. Japan’s constitution, written primarily by American occupation forces forbids them from having a real military which is convenient for Trump’s plan. South Korea, although a very advanced and wealthy nation has no choice but to hide behind the US might because if it were to disappear overnight, then Gangnam would be filled with pictures of the Kim family within a few weeks.

In the past with regard to these three countries NATO has had to keep up the illusion of wanting to “help” them and work as “partners” for common defense as if nuclear and economic titan America needs countries like them to protect itself. Trump whether consciously or not is changing the dynamic of US/NATO occupation of these territories to be much more honest. His attitude seems to be that the US has the possibility to earn a lot of money from a worldwide mafia-style protection scam. Vassals have no choice but to pay the lord so Trump wants to drop the illusions and make the military industrial complex profitable again and God bless him for it. This level of honesty in politics is refreshing and it reflects the Orange Man’s pro-business and “America will never be a socialist country” attitude. It is blunt and ideologically consistent with his worldview.

On the other hand, one could look at this development as a possible move not to turn NATO into a profitable protection scam but as a means to covertly destroy it. Lies and illusion in politics are very important, people who believe they are free will not rebel even if they have no freedom whatsoever. If people are sure their local leaders are responsible for their nation they will blame them for its failings rather than any foreign influence that may actually be pulling the real strings.

Even if everyone in Germany, Japan and South Korea in their subconscious knows they are basically occupied by US forces it is much harder to take action, than if the “lord” directly demands yearly tribute. The fact that up to this point US maintains its bases on its own dime sure adds to the illusion of help and friendship. This illusion is strong enough for local politicians to just let the status quo slide on further and further into the future. Nothing is burning at their feet to make them act… having to pay cost + 50% could light that fire.

Forcing the locals to pay for these bases changes the dynamic in the subconscious and may force people’s brains to contemplate why after multiple-generations the former Axis nations still have to be occupied. Once occupation becomes expensive and uncomfortable, this drops the illusion of friendship and cooperation making said occupation much harder to maintain.

South Korea knows it needs the US to keep out the North but when being forced to pay for it this may push them towards developing the ability to actually defend themselves. Trump’s intellectual “honesty” in regards to NATO could very well plant the necessary intellectual seeds to not just change public opinion but make public action against US/NATO bases in foreign countries. Japan has had many protests over the years against US bases surging into the tens of thousands. This new open vassal status for the proud Japanese could be the straw to break the camel’s back.

Predicting the future is impossible. But it is clear that, changing the fundamental dynamic by which the US maintains foreign bases in a way that will make locals financially motivated to have them removed, shall significantly affect the operations of US forces outside the borders of the 50 States and make maintaining a global presence even more difficult, but perhaps this is exactly what the Orange Man wants or is just too blind to see.

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High-ranking Ukrainian official reports on US interference in Ukraine

It is not usually the case that an American media outlet tells the truth about Ukraine, but it appears to have happened here.

Seraphim Hanisch

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The Hill committed what may well have been a random act of journalism when it reported that Ukrainian Prosecutor General, Yuriy Lutsenko, told Hill.tv’s reporter John Solomon that the American ambassador to that country, Marie Yovanovitch, gave him a “do not prosecute” list at their first meeting.

Normally, all things Russia are covered by the American press as “bad”, and all things Ukraine are covered by the same as “good.” Yet this report reveals quite a bit about the nature of the deeply embedded US interests that are involved in Ukraine, and which also attempt to control and manipulate policy in the former Soviet republic.

The Hill’s piece continues (with our added emphases):

“Unfortunately, from the first meeting with the U.S. ambassador in Kiev, [Yovanovitch] gave me a list of people whom we should not prosecute,” Lutsenko, who took his post in 2016, told Hill.TV last week.

“My response of that is it is inadmissible. Nobody in this country, neither our president nor our parliament nor our ambassador, will stop me from prosecuting whether there is a crime,” he continued.

Indeed, the Prosecutor General appears to be a man of some principles. When this report was brought to the attention of the US State Department, the response was predictable:

The State Department called Lutsenko’s claim of receiving a do not prosecute list, “an outright fabrication.” 

“We have seen reports of the allegations,” a department spokesperson told Hill.TV. “The United States is not currently providing any assistance to the Prosecutor General’s Office (PGO), but did previously attempt to support fundamental justice sector reform, including in the PGO, in the aftermath of the 2014 Revolution of Dignity. When the political will for genuine reform by successive Prosecutors General proved lacking, we exercised our fiduciary responsibility to the American taxpayer and redirected assistance to more productive projects.”

This is an amazing statement in itself. “Our fiduciary responsibility to the American taxpayer”? Are Americans even aware that their country is spending their tax dollars in an effort to manipulate a foreign government in what can probably well be called a low-grade proxy war with the Russian Federation? Again, this appears to be a slip, as most American media do a fair job of maintaining the narrative that Ukraine is completely independent and that its actions regarding the United States and Russia are taken in complete freedom.

Hill.TV has reached out to the U.S. Embassy in Ukraine for comment.

Lutsenko also said that he has not received funds amounting to nearly $4 million that the U.S. Embassy in Ukraine was supposed to allocate to his office, saying that “the situation was actually rather strange” and pointing to the fact that the funds were designated, but “never received.”

“At that time we had a case for the embezzlement of the U.S. government technical assistance worth 4 million U.S. dollars, and in that regard, we had this dialogue,” he said. “At that time, [Yovanovitch] thought that our interviews of Ukrainian citizens, of Ukrainian civil servants, who were frequent visitors of the U.S. Embassy put a shadow on that anti-corruption policy.”

“Actually, we got the letter from the U.S. Embassy, from the ambassador, that the money that we are speaking about [was] under full control of the U.S. Embassy, and that the U.S. Embassy did not require our legal assessment of these facts,” he said. “The situation was actually rather strange because the funds we are talking about were designated for the prosecutor general’s office also and we told [them] we have never seen those, and the U.S. Embassy replied there was no problem.”

“The portion of the funds, namely 4.4 million U.S. dollars were designated and were foreseen for the recipient Prosecutor General’s office. But we have never received it,” he said.

Yovanovitch previously served as the U.S. ambassador to Armenia under former presidents Obama and George W. Bush, as well as ambassador to Kyrgyzstan under Bush. She also served as ambassador to Ukraine under Obama.

Former Rep. Pete Sessions (R-Texas), who was at the time House Rules Committee chairman, voiced concerns about Yovanovitch in a letter to the State Department last year in which he said he had proof the ambassador had spoken of her “disdain” for the Trump administration.

This last sentence may be a way to try to narrow the scope of American interference in Ukraine down to the shenanigans of just a single person with a personal agenda. However, many who have followed the story of Ukraine and its surge in anti-Russian rhetoric, neo-Naziism, ultra-nationalism, and the most recent events surrounding the creation of a pseudo-Orthodox “church” full of Ukrainian nationalists and atheists as a vehicle to import “Western values” into a still extremely traditional and Christian land, know that there are fingerprints of the United States “deep state” embeds all over this situation.

It is somewhat surprising that so much that reveals the problem showed up in just one report. It will be interesting to see if this gets any follow-up in the US press.

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President Putin’s anti-fake news law is brilliant, but the West makes more

Western media slams President Putin and his fake news law, accusing him of censorship, but an actual look at the law reveals some wisdom.

Seraphim Hanisch

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The TASS Russian News Agency reported on March 18th that Russian President Vladimir Putin signed off on a new law intended to block distorted or untrue information being reported as news. Promptly after he did so, Western news organizations began their attempt to “spin” this event as some sort of proof of “state censorship” in the oppressive sense of the old Soviet Union. In other words, a law designed to prevent fake news was used to create more fake news.

One of the lead publications is a news site that is itself ostensibly a “fake news” site. The Moscow Times tries to portray itself as a Russian publication that is conducted from within Russian borders. However, this site and paper is really a Western publication, run by a Dutch foundation located in the Netherlands. As such, the paper and the website associated have a distinctly pro-West slant in their reporting. Even Wikipedia noted this with this comment from their entry about the publication:

In the aftermath of the Ukrainian crisis, The Moscow Times was criticized by a number of journalists including Izvestia columnist Israel Shamir, who in December 2014 called it a “militant anti-Putin paper, a digest of the Western press with extreme bias in covering events in Russia”.[3] In October 2014 The Moscow Times made the decision to suspend online comments after an increase in offensive comments. The paper said it disabled comments for two reasons—it was an inconvenience for its readers as well as being a legal liability, because under Russian law websites are liable for all content, including user-generated content like comments.[14]

This bias is still notably present in what is left of the publication, which is now an online-only news source. This is some of what The Moscow Times had to say about the new fake news legislation:

The bills amending existing information laws overwhelmingly passed both chambers of Russian parliament in less than two months. Observers and some lawmakers have criticized the legislation for its vague language and potential to stifle free speech.

The legislation will establish punishments for spreading information that “exhibits blatant disrespect for the society, government, official government symbols, constitution or governmental bodies of Russia.”

Insulting state symbols and the authorities, including Putin, will carry a fine of up to 300,000 rubles and 15 days in jail for repeat offenses.

As is the case with other Russian laws, the fines are calculated based on whether the offender is a citizen, an official or a legal entity.

More than 100 journalists and public figures, including human rights activist Zoya Svetova and popular writer Lyudmila Ulitskaya, signed a petition opposing the laws, which they labeled “direct censorship.”

This piece does give a bit of explanation from Dmitry Peskov, showing that European countries also have strict laws governing fake news distribution. However, the Times made the point of pointing out the idea of “insulting governmental bodies of Russia… including Putin” to bolster their claim that this law amounts to real censorship of the press. It developed its point of view based on a very short article from Reuters which says even less about the legislation and how it works.

However, TASS goes into rather exhaustive detail about this law, and it also gives rather precise wording on the reason for the law’s passage, as well as how it is to be enforced. This law is brilliant, for it hits the would-be slanderer right where it counts – in the pocketbook.

We include most of this text here, with emphases added:

Russian President Vladimir Putin has signed a law on blocking untrue and distorting information (fake news). The document was posted on the government’s legal information web portal.

The document supplements the list of information, the access to which may be restricted on the demand by Russia’s Prosecutor General or his deputies. In particular, it imposes a ban on “untrue publicly significant information disseminated in the media and in the Internet under the guise of true reports, which creates a threat to the life and (or) the health of citizens, property, a threat of the mass violation of public order and (or) public security, or the threat of impeding or halting the functioning of vital infrastructural facilities, transport or social infrastructure, credit institutions, energy, industrial or communications facilities.”

Pursuant to the document, in case of finding such materials in Internet resources registered in accordance with the Russian law on the mass media as an online media resource, Russia’s Prosecutor General or his deputies will request the media watchdog Roskomnadzor to restrict access to the corresponding websites.

Based on this request, Roskomnadzor will immediately notify the editorial board of the online media resource, which is in violation of the legislation, about the need to remove untrue information and the media resource will be required to delete such materials immediately. If the editorial board fails to take the necessary measures, Roskomnadzor will send communications operators “a demand to take measures to restrict access to the online resource.”

In case of deleting such untrue information, the website owner will notify Roskomnadzor thereof, following which the media watchdog will “hold a check into the authenticity of this notice” and immediately inform the communications operator about the resumption of the access to the information resource.
The conditions for the law are very specific, as are the penalties for breaking it. TASS continued:

Liability for breaching the law

Simultaneously, the Federation Council approved the associated law with amendments to Russia’s Code of Administrative Offences, which stipulates liability in the form of penalties of up to 1.5 million rubles (around $23,000) for the spread of untrue and distorting information.

The Code’s new article, “The Abuse of the Freedom of Mass Information,” stipulates liability for disseminating “deliberately untrue publicly significant information” in the media or in the Internet. The penalty will range from 30,000 rubles ($450) to 100,000 rubles ($1,520) for citizens, from 60,000 rubles ($915) to 200,000 rubles ($3,040) for officials and from 200,000 rubles to 500,000 rubles ($7,620) for corporate entities with the possible confiscation of the subject of the administrative offence.

Another element of offence imposes tighter liability for the cases when the publication of false publicly significant information has resulted in the deaths of people, has caused damage to the health or property, prompted the mass violation of public order and security or has caused disruption to the functioning of transport or social infrastructure facilities, communications, energy and industrial facilities and banks. In such instances, the fines will range from 300,000 rubles to 400,000 rubles ($6,090) for citizens, from 600,000 rubles to 900,000 rubles ($13,720) for officials, and from 1 million rubles to 1.5 million rubles for corporate entities.

While this legislation can be spun (and is) in the West as anti-free speech, one may also consider the damage that has taken place in the American government through a relentless attack of fake news from most US news outlets against President Trump. One of the most notable effects of this barrage has been to further degrade and destroy the US’ relationship with the Russian Federation, because even the Helsinki Summit was attacked so badly that the two leaders have not been able to get a second summit together.

While it is certainly a valued right of the American press to be unfettered by Congress, and while it is also certainly vital to criticize improper practices by government officials, the American news agencies have gone far past that, to deliberately dishonest attacks, based in innuendo and everything possible that was formerly only the province of gossip tabloid publications. The effort has been to defame the President, not to give proper or due criticism to his policies, nor credit. It can be properly stated that the American press has abused its freedom of late.

This level of abuse drew a very unusual comment from the US president, who wondered on Twitter about the possibility of creating a state-run media center in the US to counter fake news:

Politically correct for US audiences? No. But an astute point?

Definitely.

Freedom in anything also presumes that those with that freedom respect it, and further, that they respect and apply the principle that slandering people and institutions for one’s own personal, business or political gain is wrong. Implied in the US Constitution’s protection of the press is the notion that the press itself, as the rest of the country, is accountable to a much Higher Authority than the State. But when that Authority is rejected, as so much present evidence suggests, then freedom becomes the freedom to misbehave and to agitate. It appears largely within this context that the Russian law exists, based on the text given.

Further, by hitting dishonest media outlets in their pocketbook, rather than prison sentences, the law appears to be very smart in its message: “Do not lie. If you do, you will suffer where it counts most.”

Considering that news media’s purpose is to make money, this may actually be a very smart piece of legislation.

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