More stories

  • in

    Michael Sussmann Is Acquitted in Case Brought by Trump-Era Prosecutor

    The Democratic-linked lawyer was accused of lying to the F.B.I. about his clients when he passed on a tip about possible connections between Donald J. Trump and Russia.WASHINGTON — Michael Sussmann, a prominent cybersecurity lawyer with ties to Hillary Clinton’s presidential campaign, was acquitted on Tuesday of lying to the F.B.I. in 2016 when he shared a tip about possible connections between Donald J. Trump and Russia.The verdict was a significant blow to the special counsel, John H. Durham, who was appointed by the Trump administration three years ago to scour the Trump-Russia investigation for any wrongdoing.But Mr. Durham has yet to fulfill expectations from Mr. Trump and his supporters that he would uncover and prosecute a “deep state” conspiracy against the former president. Instead, he has developed only two cases that led to charges: the one against Mr. Sussmann and another against a researcher for the so-called Steele dossier, whose trial is set for later this year.Both consist of simple charges of making false statements, rather than a more sweeping charge like conspiracy to defraud the government. And both involve thin or dubious allegations about Mr. Trump’s purported ties to Russia that were put forward not by government officials, but by outside investigators.The case against Mr. Sussmann centered on odd internet data that cybersecurity researchers discovered in 2016 after it became public that Russia had hacked Democrats and Mr. Trump had encouraged the country to target Mrs. Clinton’s emails.The researchers said the data might reflect a covert communications channel using servers for the Trump Organization and Alfa Bank, which has ties to the Kremlin. The F.B.I. briefly looked at the suspicions and dismissed them.On Sept. 19, 2016, Mr. Sussmann brought those suspicions to a senior F.B.I. official. In charging Mr. Sussmann with a felony, prosecutors contended that he falsely told the official that he was not there on behalf of any client, concealing that he was working for both Mrs. Clinton’s campaign and a technology executive who had given him the tip.Mr. Durham and prosecutors used court filings and trial testimony to describe how Mr. Sussmann, while working for a Democratic-linked law firm and logging his time to the Clinton campaign, had been trying to get reporters to write about the Alfa Bank suspicions.But trying to persuade reporters to write about such suspicions is not a crime. Mr. Sussmann’s guilt or innocence turned on a narrow issue: whether he made a false statement to the senior F.B.I. official at the 2016 meeting by saying he was sharing those suspicions on his own.Mr. Durham used the Sussmann case to put forward a larger conspiracy: that there was a joint enterprise to essentially frame Mr. Trump for collusion with Russia by getting the F.B.I. to investigate the suspicions so reporters would write about it. The scheme, Mr. Durham implied, involved the Clinton campaign; its opposition research firm, Fusion GPS; Mr. Sussmann; and the cybersecurity expert who had brought the odd data and analysis to him.That insinuation thrilled Mr. Trump’s supporters, who have embraced his claim that the Russia investigation was a “hoax” and have sought to conflate the official inquiry with sometimes dubious accusations. In reality, the Alfa Bank matter was a sideshow: The F.B.I. had already opened its inquiry on other grounds before Mr. Sussmann passed on the tip; the final report by the special counsel, Robert S. Mueller III, made no mention of the Alfa Bank suspicions.But the case Mr. Durham and his team used to float their broad insinuations was thin: one count of making a false statement in a meeting with no other witnesses. In a rebuke to Mr. Durham; the lead lawyer on the trial team, Andrew DeFilippis; and his colleagues, the 12 jurors voted unanimously to find Mr. Sussmann not guilty.Some supporters of Mr. Trump had been bracing for that outcome. They pointed to the District of Columbia’s reputation as a heavily Democratic area and suggested that a jury might be politically biased against a Trump-era prosecutor trying to convict a defendant who was working for the Clinton campaign.The judge had told the jurors that they were not to account for their political views when deciding the facts. The jury forewoman, who did not give her name, told reporters afterward that “politics were not a factor” and that she thought bringing the case had been unwise.Mr. Durham expressed disappointment in the verdict but said he respected the decision by the jury, which deliberated for about six hours.“I also want to recognize and thank the investigators and the prosecution team for their dedicated efforts in seeking truth and justice in this case,” he said in a statement.Outside the courthouse, Mr. Sussmann read a brief statement to reporters, praising the jury, his defense team and those who supported him during what had been a difficult year.“I told the truth to the F.B.I., and the jury clearly recognized that with their unanimous verdict today,” he said, adding, “Despite being falsely accused, I am relieved that justice ultimately prevailed in this case.”During the trial, the defense had argued that Mr. Sussmann brought the matter to the F.B.I. only when he thought The New York Times was on the verge of writing an article about the matter, so that the bureau would not be caught flat-footed.Officials for the Clinton campaign testified that they had not told or authorized Mr. Sussmann to go to the F.B.I. Doing so was against their interests because they did not trust the bureau, and it could slow down the publication of any article, they said.James Baker, as the F.B.I.’s general counsel in 2016, met with Mr. Sussmann that September. Mr. Baker testified that he had asked Eric Lichtblau, then a reporter at The Times working on the Alfa Bank matter, to slow down so the bureau could have time to investigate it.Mr. Sussmann’s defense team offered the jurors many potential paths to acquittal, contending that the prosecution had yet to prove multiple necessary elements beyond a reasonable doubt.His lawyers attacked as doubtful whether Mr. Sussmann actually uttered the words that he had no client at his meeting with the F.B.I. in September.That issue was complicated after a text message came to light in which Mr. Sussmann, arranging for the meeting a day earlier, indicated that he was reaching out on his own. But it was what, if anything, he said at the meeting itself that was at issue.Mr. Baker testified that he was “100 percent” certain that Mr. Sussmann repeated those words to his face. But defense lawyers pointed out that he had recalled the meeting differently on many other occasions.The defense team also argued that Mr. Sussmann was in fact not there on behalf of any client, even though he had clients with an interest in the topic. And they questioned whether it mattered, since the F.B.I. knew he represented the Democratic National Committee and the Clinton campaign on other issues, and agents would have investigated the allegations regardless.Midmorning, the jury asked to see a trial exhibit meant to bolster the defense’s argument that Mr. Sussmann did not consider himself to be representing the Clinton campaign. It was a record of taxi rides Mr. Sussmann expensed for the Sept. 19 meeting at F.B.I. headquarters.He logged those rides to the firm rather than to the Clinton campaign or to the technology executive, Rodney Joffe, who had worked with the data scientists who developed the suspicions and brought them to Mr. Sussmann. Prosecutors asserted that Mr. Joffe was his other hidden client in the meeting.During the trial, prosecutors had made much of how Mr. Sussmann logged extensive hours on the Alfa Bank matter to the Clinton campaign in law firm billing records — including phone calls and meetings with reporters and with his partner at the time, Marc Elias, the general counsel of the Clinton campaign.Defense lawyers acknowledged that the Clinton campaign had been Mr. Sussmann’s client for the purpose of trying to persuade reporters to write about the matter, but argued that he was not working for anyone when he brought the same materials to the F.B.I.In a statement, Sean Berkowitz and Michael Bosworth, two of Mr. Sussmann’s defense lawyers, criticized Mr. Durham for bringing the indictment.“Michael Sussmann should never have been charged in the first place,” they said. “This is a case of extraordinary prosecutorial overreach. And we believe that today’s verdict sends an unmistakable message to anyone who cares to listen: Politics is no substitute for evidence, and politics has no place in our system of justice.” More

  • in

    Is Trump the Democrats’ Secret Weapon?

    Bret Stephens: Hi, Gail. I was moved by Ketanji Brown Jackson’s remarks last week after her Senate confirmation: “In my family, it took just one generation to go from segregation to the Supreme Court.” What a ringing affirmation of what’s possible in the United States. And how depressing that only three Republican senators could bring themselves to vote for her, if only on the principle that every president deserves to get qualified nominees confirmed. Whatever happened to acknowledging the possibility that we can respect and admire people with whom we also disagree?Gail Collins: Bret, every time we converse, I get to experience that.Bret: Ditto.Gail: But you know what our politics have become. There are a lot of people to blame for the death of bipartisanship in judicial selection, but I’ll never forget Mitch McConnell refusing to bring multiple Barack Obama nominees up for a vote.Bret: I’ll resist the urge to dwell on Harry Reid’s filibustering of George W. Bush’s nominees. The larger question is how we go forward. I don’t think we can endure as a republic if no president of either party can even appoint judges or staff the executive branch unless he has a Senate majority, too. Your thoughts?Gail: I tend to resist the we-can’t-survive-this predictions — we’ve survived a heck of a lot, after all.Bret: Fair point. We defeated Germany twice. What’s one Ted Cruz, more or less?Gail: But this kind of perpetual partisanship certainly isn’t good for the country. I guess the world will be looking toward Alaska to see how the regular public is reacting — of the three Senate Republicans who voted to confirm Judge Jackson, Lisa Murkowski is the only one up for re-election this year.Bret: Murkowski also faces a primary challenge from a Donald Trump-endorsed Republican opponent, meaning that she showed real political courage in voting for Jackson. More than can be said for a bunch of G.O.P. senators who are retiring at the end of the year and could have usefully demonstrated some principle and independence.Gail: Murkowski aside, I suspect the Republican candidates this fall are going to be running on a generally Trumpist line, which will make things worse. Do you disagree?Bret: Not clear yet. Our news-side colleagues Shane Goldmacher and Jonathan Martin reported last month that some of the primary candidates Trump originally preferred — like the Senate candidate Mo Brooks in Alabama and the gubernatorial candidate David Perdue in Georgia — aren’t doing well in the polls. Trump is also getting crosswise with Republican incumbents in the governor’s office like Doug Ducey in Arizona and Pete Ricketts in Nebraska by opposing their favored candidates, or at least favoring ones they don’t like. If anything, Trump may turn out to be the Democrats’ secret weapon this fall by dividing the party or backing candidates who can’t win in the general election. That’s how Jon Ossoff and Raphael Warnock were able to win their Georgia Senate races the last time around.Gail: I noticed Trump went ahead and withdrew his support for Brooks, claiming he was outraged that Brooks said it was time to stop obsessing about the 2020 election and move on.Bret: Trump is like John Cleese’s Basil Fawlty character from “Fawlty Towers,” except in reverse: You must mention the war. Or at least the “stolen election.”Gail: Still, I bet Trump could have managed to overlook it if Brooks wasn’t also running way behind in the polls.Bret: We’ll see. Right now, the generic polling leans Republican, but it could change if the Supreme Court votes to overturn Roe v. Wade. It could change even further if Ukraine manages to defeat Russia with American help. What else do the Democrats need?Gail: The Democrats need to run on ways to make the country better. One is reducing health care costs, which would include cracking down on waste and government funding for expensive drugs like insulin. Another is reducing the deficit with a tax on the very rich.Bret: The administration seems to be taking your advice on both points, though I’m not sure it will help them all that much by November. I’d like to see them get ahead of a couple of looming surges that will play into G.O.P. hands: the expected migrant surge at the border; the big cost-of-living surge; and the next Covid surge. The last one is actually tied to the first: The administration can help moderate Democrats by extending something called Title 42 to expedite migrant expulsions as a health-emergency measure. As for inflation, how about a sales-tax holiday for necessities and other basic goods for the next 12 months?Gail: Here’s a proposed deal: a sales tax holiday for basics combined with a tax increase for the rich.Bret: I always oppose tax hikes, but that isn’t the worst bargain. How about the immigration issue? The administration doesn’t seem to know its own mind, according to a fascinating piece last weekend in The Times.Gail: Well, another way to think about it is that the administration knows there’s no good answer. Any immigration policy is going to be unpopular with one side or the other — except Biden’s very, very much appreciated halt to building that stupid Trump wall.Bret: A wall I have reluctantly come around to concluding should be built, even as we do more to increase legal immigration.Gail: Oh wow, Bret, you’ve gone over to the wall! Better than going over the wall, I guess, but still …Bret: Bet some of our readers are thinking, “Both things are possible.”A wall won’t stop people from coming here legally and then overstaying their visas. But it will save some of the most vulnerable migrants from taking terrible risks to cross the border while denying right-wing nativists one of their most potent political issues.Gail: And serve as a great symbol to the rest of the world that the days we celebrated our country as a nation of immigrants are long gone. Sigh.Bret: We are and should remain a nation of immigrants. Just lawfully arrived.Gail: It’s certainly important not to encourage illegal immigration. But it’s equally important — actually more important — to raise the number of immigrants we’re bringing into the country. Given the very low birthrate in America, we’ve got to attract all the willing workers we can.Bret: Totally agree on this. Countries that stagnate demographically will eventually stagnate economically. Our Hispanic population is incredibly talented, energetic and diverse, we’ve got plenty of room to grow, and we’re blessed to have Mexico — the country where I grew up — as a neighbor. Anyone who doubts me on this score should consider what it’s like for Ukraine to have Russia as a neighbor.The case I’d make to the administration is to set out three principles for immigration: that it should be lawful, that it should be safe and that it should be compassionate. They need to take care of the first point to guarantee the other two.Gail: No problem there, but there’s a long leap from a commitment to lawful, compassionate immigration and — oh, Lord, that wall. Sorry, still flummoxed. Let’s move on.Bret: The other big domestic story last week was the failure of the Justice Department to win its case against four men accused of conspiring to kidnap Gov. Gretchen Whitmer of Michigan. What do you make of it?Gail: Basically you’ve got a bunch of dopey right-wing guys venting about Governor Whitmer’s Covid restrictions and talking about kidnapping her. And some genuine question as to whether they’d have done anything more than posture over lunch at Buffalo Wild Wings if an F.B.I. informant hadn’t become one of their leaders.Bret: It’s a thin line between, um, entrapment and hate, to adapt an old lyric.Gail: This kind of case always poses the question of how far our investigators can go in exposing anti-government nut jobs. Imagine what it’s like to spend months — sometimes years! — pretending to be best pals with paranoid idiots.Bret: My wife and kids know the feeling.Gail: Sooner or later you may be tempted to push things along — and then maybe create a crime that would never have happened otherwise.I’m not an expert in this case, but I do appreciate how very careful the country needs to be in overseeing law enforcement.Any final thoughts on your end?Bret: Given how high-profile this case was, it’s a real black eye for the government and particularly the F.B.I. Bamboozling foolish people into potentially criminal behavior and then prosecuting them for it in a highly politicized way is the sort of thing that fuels precisely the kind of conspiracy thinking that these people were prey to in the first place.Gail: Meanwhile, I’ve been sort of obsessing about what would happen if Russian psycho-hackers managed to figure out a way to take our power grid offline. Imagining what that’d be like gives me the kind of chills I got as a kid in Catholic school when the nuns would spend hours warning us that the end of the world could arrive any day. Then we were supposed to go home and practice hiding in the basement with our parents.Bret: The good news is the Russians haven’t even been able to manage taking out the power grid in Ukraine, so they might have a harder time against us. Perhaps the end of the world isn’t nigh, after all?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Your Wednesday Briefing: Zelensky Addressed the U.N.

    Plus a change in Shanghai’s controversial family Covid policy and the tense build-up to the French presidential election.Good morning. We’re covering President Volodymyr Zelensky’s address to the U.N., a modification to Shanghai’s controversial family Covid policy and political tensions ahead of the French presidential election.President Volodymyr Zelensky addressed the U.N. Security Council on Tuesday.Spencer Platt/Getty ImagesZelensky addresses the U.N.President Volodymyr Zelensky of Ukraine delivered a fiery speech to the U.N. Security Council on Tuesday, a day after visiting Bucha, where images have surfaced of civilian bodies in the wake of Russia’s retreat.Zelensky said that more than 300 people had been tortured and killed in the town north of Kyiv and that soldiers raped women in front of children. He lamented the organization’s inability to stop the bloodshed: “Where is the Security Council?” he asked. “It is obvious that the key institution of the world to protect peace cannot work effectively.” Follow live updates here.His speech came as the E.U. moved to ban Russian coal imports and the bloc said it was working on soon banning Russian oil. But energy remains a tense issue: Germany, the E.U.’s largest economy, is heavily reliant on Russian energy and can’t simply pull the plug.The war is moving east as Russia shifts its attention to regions led by separatist governments in Donetsk and Luhansk. Military analysts said supply issues and declining morale had stymied Russian progress and that the “next pivotal battle” would happen in the eastern city of Sloviansk.Context: It was virtually certain that the Security Council would not agree on any measures against the Kremlin: Russia and its ally China have veto power.State of the war:As many as 200 people are missing and presumed dead in Borodyanka, a town northwest of Kyiv, after intense aerial bombing.Residents of Nova Basan, about 60 miles east of Kyiv, described beatings and mock executions as part of a monthlong occupation.Economy:The E.U. is putting forward a fifth package of sanctions against Moscow, which would cut off Russian vessels from E.U. ports and target two of President Vladimir Putin’s daughters.The U.S. blocked Russia’s access to dollars for bond payments, heightening its risk of default and endangering its international currency reserves.Other developments:Italy and Spain expelled Russian diplomats on Tuesday, citing security concerns.Hackers are invading Ukrainian websites, broadcasting fake claims that the military has surrendered.Spanish and U.S. authorities seized another yacht owned by a Russian oligarch.Shanghai is battling its worst outbreak since the pandemic began.Chen Si/Associated PressShanghai modifies Covid policyIn a reversal, Shanghai officials will allow parents who test positive for the coronavirus to stay with their children who have also tested positive. Those families will be sent to centralized isolation facilities.But parents who test negative will still be separated from their infected children, authorities said, citing China’s national virus-control guidelines.The policy change follows days of widespread outcry and online fury: Photos and video began circulating of young children crying at a Shanghai hospital. Some photos showed multiple children sharing a crib in what appeared to be a hallway of the hospital. Many said that the response to the virus was worse than the virus itself.Learn More About France’s Presidential ElectionThe run-up to the first round of the election has been dominated by issues such as security, immigration and national identity.Suddenly Wide Open: An election that had seemed almost assured to return President Emmanuel Macron to power now appears to be anything but certain as the far-right leader Marine Le Pen surges.The New French Right: A rising nationalist faction has grown its coalition by appealing to Catholic identity and anti-immigrant sentiment.Challenges to Re-election: A troubled factory in Mr. Macron’s hometown shows his struggle in winning the confidence of French workers.Behind the Scene: In France, where political finance laws are strict, control over the media has provided an avenue for billionaires to influence the election.A Political Bellwether: Auxerre has backed the winner in the presidential race for 40 years. This time, many residents see little to vote for.Private Consultants: A report showing that firms like McKinsey earned large sums of money to do work for his government has put Mr. Macron on the defensive.Officials called the response a clarification of their parental-accompaniment policy, but the hospital acknowledged the photos and video were real and did not deny that Covid-positive families were being separated.Reaction: Many Weibo users were not appeased, sharing frustrations under a hashtag viewed more than 80 million times. Here are the latest updates and maps of the pandemic.After two years, South Africa ended its national “state of disaster” over the virus.U.S. senators dropped a proposal for $5 billion in global vaccine funding from a coronavirus aid package that is now focused on the domestic response.The presidential campaign is heating up, days before the first round of voting begins.Philippe Lopez/Agence France-Presse — Getty ImagesTensions precede French voteThe February death of a Jewish man, Jérémy Cohen, has become a political flashpoint days before French citizens head to the polls to cast their initial ballots for president on Sunday.The death was initially reported as an accident — Cohen, 31, died after being hit by a tram. But this week new video surfaced, showing Cohen running across the tracks in a Paris suburb to escape a violent assault by a group of young men.The video raised suspicions that an antisemitic assault had precipitated his death, which some see as a symbol of the problems facing France. Politicians on the far right have been the most vocal; Éric Zemmour, an anti-immigrant pundit whose campaign has recently flagged, brushed over the unknowns, using the incident to depict France as a crime-ridden country.Background: In 2017, weeks before President Emmanuel Macron’s election, a man threw a 65-year-old Jewish woman named Sarah Halimi out of her window. The drawn-out case exacerbated longstanding concerns in the French Jewish community that authorities minimize or mishandle attacks against Jews.What’s next: Macron is widely expected to make it past the first round of voting, but the latest polls show that his lead in a potential runoff against Marine Le Pen, the far-right leader, is dwindling and his promises to revitalize industrial areas have yet to materialize.Context: Zemmour is Jewish, although his rise — propelled by attempts to rehabilitate France’s Vichy regime, which collaborated with the Nazis during World War II — has split France’s Jewish community.THE LATEST NEWSWorld NewsRights groups say Ali Kushayb, on trial at The Hague, led the brutal campaign in Darfur. International Criminal Court/EPA, via ShutterstockTwo decades after a brutal campaign against a rebellion in the Darfur region of western Sudan displaced millions, the first and only war crimes trial is underway in The Hague.French, American and European officials condemned a reported civilian massacre in Mali, carried out by Malian soldiers and Russian mercenaries.The U.S. economy is booming, but economists are worried about a recession.What Else Is HappeningElon Musk will join Twitter’s board of directors after becoming the company’s largest shareholder.March Madness is over: Kansas won its fourth men’s N.C.A.A. basketball championship with a 72-69 comeback victory over North Carolina.A Morning ReadStarling murmurations can consist of hundreds of thousands of birds.Soeren SolkaerEach spring and autumn, swirling flocks of starlings fill the skies in southern Denmark, an event known locally as “sort sol,” or “black sun.” The photographer Søren Solkær captured the transfixing patterns.Who Is Running for President of France?Card 1 of 6The campaign begins. More

  • in

    Durham Distances Himself From Furor in Right-Wing Media Over Filing

    The special counsel implicitly acknowledged that White House internet data he discussed, which conservative outlets have portrayed as proof of spying on the Trump White House, came from the Obama era.WASHINGTON — John H. Durham, the Trump-era special counsel scrutinizing the investigation into Russia’s 2016 election interference, distanced himself on Thursday from false reports by right-wing news outlets that a motion he recently filed said Hillary Clinton’s campaign had paid to spy on Trump White House servers.Citing a barrage of such reports on Fox News and elsewhere based on the prosecutor’s Feb. 11 filing, defense lawyers for a Democratic-linked cybersecurity lawyer, Michael Sussmann, have accused the special counsel of including unnecessary and misleading information in filings “plainly intended to politicize this case, inflame media coverage and taint the jury pool.”In a filing on Thursday, Mr. Durham defended himself, saying those accusations about his intentions were “simply not true.” He said he had “valid and straightforward reasons” for including the information in the Feb. 11 filing that set off the firestorm, while disavowing responsibility for how certain news outlets had interpreted and portrayed it.“If third parties or members of the media have overstated, understated or otherwise misinterpreted facts contained in the government’s motion, that does not in any way undermine the valid reasons for the government’s inclusion of this information,” he wrote.But even as he did not acknowledge any problem with how he couched his filing last week, Mr. Durham said he would make future filings under seal if they contained “information that legitimately gives rise to privacy issues or other concerns that might overcome the presumption of public access to judicial documents.”Former President Donald J. Trump has seized on the inaccurate reporting to declare that there is now “indisputable evidence” of a Clinton campaign conspiracy against him — and to suggest that there ought to be executions. Mr. Trump, Fox News hosts and others have also criticized mainstream journalists for not covering the purported revelation.The dispute traces back to a pretrial motion in the case Mr. Durham has brought against Mr. Sussmann accusing him of making a false statement during a September 2016 meeting with the F.B.I. where he relayed concerns about possible cyberlinks between Mr. Trump and Russia. The bureau later dismissed those as unfounded.Mr. Durham says Mr. Sussmann falsely told the F.B.I. official he had no clients, but was really there on behalf of both the Clinton campaign and a technology executive named Rodney Joffe. Mr. Sussmann denies ever saying that, while maintaining he was only there on behalf of Mr. Joffe — not the campaign.Several sentences of the filing recounted a second meeting, in February 2017, where Mr. Sussmann had presented different concerns about odd internet data and Russia to the C.I.A., which came from the same cybersecurity researchers who developed the suspicions he had presented to the F.B.I.At the C.I.A. meeting, Mr. Sussmann shared concerns about data that suggested that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.Mr. Sussmann had obtained that information from Mr. Joffe. The court filing also stated that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and accused Mr. Joffe — whom Mr. Durham has not charged with any crime — and his associates of having “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.In the fall, The New York Times had reported on Mr. Sussmann’s C.I.A. meeting and the concerns he had relayed about the data suggesting the presence of Russian-made YotaPhones — smartphones that are rarely seen in the United States — in proximity to Mr. Trump and in the White House.But over the weekend, the conservative news media treated those sentences in Mr. Durham’s filing as a new revelation while significantly embellishing what it had said. Mr. Durham, some outlets inaccurately reported, had said he had discovered that the Clinton campaign had paid Mr. Joffe’s company to spy on Mr. Trump. But the campaign had not paid his company, and the filing did not say so. Some outlets also quoted Mr. Durham’s filing as using the word “infiltrate,” a word it did not contain.Most important, the coverage about purported spying on the Trump White House was premised on the idea that the White House network data involved came from when Mr. Trump was president. But Mr. Durham’s filing did not say when it was from.Lawyers for a Georgia Institute of Technology data scientist who helped analyze the Yota data said on Monday that the data came from the Obama presidency. Mr. Sussmann’s lawyers said the same in a filing on Monday night complaining about Mr. Durham’s conduct.Mr. Durham did not directly address that basic factual dispute. But his explanation for why he included the information about the matter in the earlier filing implicitly confirmed that Mr. Sussmann had conveyed concerns about White House data that came from before Mr. Trump was president.The purpose of the earlier filing was to ask a judge to look at potential conflicts of interest on Mr. Sussmann’s legal team. Mr. Durham included those paragraphs, he wrote, in part because one of the potential conflicts was that a member of the defense had worked for the White House “during the relevant events that involved” the White House.The defense lawyer in question is Michael Bosworth, who was a deputy White House counsel in the Obama administration.Separately on Thursday, lawyers for Mr. Sussmann filed a pretrial motion asking a judge to dismiss the case.They argued that even if Mr. Sussmann did falsely say at the F.B.I. meeting that he had no client — which they deny — that would not rise to a “material” false statement, meaning one affecting a government decision. The decision facing the F.B.I. was whether to open an investigation about the concerns he relayed at that meeting, and it would have done so regardless, they said.Mr. Durham has said Mr. Sussmann’s supposed lie was material because had the F.B.I. known that he was acting “as a paid advocate for clients with a political or business agenda,” agents might have asked more questions or taken additional steps before opening an investigation. More

  • in

    U.S. Indicts Iranian Hackers in Voter Intimidation Effort

    The hackers are accused of sending threatening messages to thousands of people after breaking into voter registration systems and a media company.WASHINGTON — The Justice Department indicted two Iranian hackers on Thursday for seeking to influence the 2020 election with a clumsy effort to intimidate voters, just a day after the nation’s cyberdefense authorities warned of an escalating Iranian effort to insert malicious code into the computer networks of hospitals and other critical infrastructure.The hackers, identified in a grand jury indictment handed up in New York as Seyyed Kazemi, 24, and Sajjad Kashian, 27, are accused of sending threatening messages to several thousand voters, after breaking into some voter registration systems and at least one media company. Many of the messages sent by the Iranians were designed to look like they were from the Proud Boys, the right-wing extremist group.Law enforcement officials said Facebook messages and emails from the Iranians to Republicans falsely claimed the Democrats were planning to exploit security vulnerabilities in state voter databases to register nonexistent voters. But the hackers also sent tens of thousands of emails to Democrats. They demanded recipients change their party affiliation and vote for President Donald J. Trump.The emails were so badly written, however, that they immediately seemed suspect, and the effort was quickly exposed by Mr. Trump’s own administration. Intelligence officials have long considered the emails to Democrats to be a bit of ham-handed reverse psychology, meant to make the recipients more likely to turn out to vote against Mr. Trump.Law enforcement officials also revealed Thursday that the Iranians had hacked into a media company that provides a content management system for dozens of newspapers, although officials did not reveal the name of the organization.Had they kept access, they might have been able to post fake stories to undermine the election, law enforcement officials said. But the F.B.I. detected the intrusion and notified the company. When the Iranians tried to enter the system the day after the election, they discovered their access was blocked.While the timing seemed coincidental, the indictment was announced after the Cybersecurity and Infrastructure Security Agency, part of the Department of Homeland Security, issued a bulletin on Wednesday warning of a broad, state-sponsored Iranian campaign to get into American computer networks, including hospitals. The warning was a rare one: The governments of Australia and Britain joined in issuing it, and said that a number of ransomware attacks were being organized by the Iranian government, not just criminal groups.Taken together, the indictment and the warning suggest that the Iranian government is making broader use of its offensive cyber-units, and learning from techniques it is picking up from Russia and elsewhere. The warning did not name which American hospitals or transportation systems were the focus of Iranian attacks.“Our intelligence officials have continually warned that other countries would seek to follow Russia’s 2016 playbook,’’ Senator Mark Warner, the Virginia Democrat and chairman of the Senate Intelligence Committee, said in a statement after the indictment was announced. “Today’s charges and sanctions against several Iranians believed to be behind a cyber campaign to intimidate and influence American voters in the 2020 election are further evidence that attempts to interfere in our elections will continue, and we must all be on guard against them.”The indictment Thursday did not directly state that the two men were working for the Iranian government. Instead, they were employed by a cybersecurity firm that claims to do defensive work for the Iranian government. But U.S. officials have long contended that several such companies focus on offensive cyber activities — from theft of data to sabotaging of networks, often directed at the U.S.In the election case, previously declassified intelligence reports have linked the efforts to Tehran’s government ministries, and suggested that Iran was attempting to use variations of the playbook designed by Russia in its efforts to influence the 2016 election.In 2016 and in 2020, intelligence officials concluded Russia was trying to influence the election to benefit Mr. Trump. And while Thursday’s indictment did not specify the goal of the Iranian hackers — beyond sowing divisions among Americans — intelligence officials have repeatedly said that Iranian influence efforts were aimed at hurting Mr. Trump’s re-election efforts.“This indictment details how two Iran-based actors waged a targeted, coordinated campaign to erode confidence in the integrity of the U.S. electoral system and to sow discord among Americans,” Matthew G. Olsen, who recently took over as head of the National Security Division of the Justice Department, said. “The allegations illustrate how foreign disinformation campaigns operate and seek to influence the American public.”Officials said that the Treasury Department would impose sanctions related to the charges, and rewards would likely be set up for information that would enable the U.S. to arrest the two indicted hackers. But the men are in Iran, and the best officials can hope for is to get them arrested and extradited if they travel outside the country.In a speech earlier this week, Gen. Paul M. Nakasone, the head of U.S. Cyber Command and director of the National Security Agency, said one of the main lessons of the government’s 2020 election defense efforts was that multiple foreign governments had tried to influence the outcome.Intelligence officials have said that Russia, Iran and China mounted the biggest efforts to influence American politics in 2020, although Cuba also pushed narratives to denigrate Mr. Trump, the March intelligence report found.“What did we learn? That we had more adversaries. We had more committed adversaries,” General Nakasone said.Other intelligence officials have noted that Russia appeared to hold back from the kind of tactics it used in 2016; instead, the SVR, one of Russia’s premier intelligence agencies, focused on the SolarWinds infiltration, altering a type of software used by thousands of companies and government agencies. That gave them access to a far larger group of targets — a technique that China and other countries are also using. More

  • in

    Trump Server's Connections to Alfa Bank Produces Fresh Conflict

    A recent indictment suggested that researchers who found strange internet links between a Russian bank and the Trump Organization did not really believe their own work. They are pushing back.WASHINGTON — The charge was narrow: John H. Durham, the special counsel appointed by the Trump administration to scour the Russia investigation, indicted a cybersecurity lawyer this month on a single count of lying to the F.B.I.But Mr. Durham used a 27-page indictment to lay out a far more expansive tale, one in which four computer scientists who were not charged in the case “exploited” their access to internet data to develop an explosive theory about cyberconnections in 2016 between Donald J. Trump’s company and a Kremlin-linked bank — a theory, he insinuated, they did not really believe.Mr. Durham’s version of events set off reverberations beyond the courtroom. Trump supporters seized on the indictment, saying it shows that suspicions about possible covert communications between Russia’s Alfa Bank and Mr. Trump’s company were a deliberate hoax by supporters of Hillary Clinton and portraying it as evidence that the entire Russia investigation was unwarranted.Emails obtained by The New York Times and interviews with people familiar with the matter, who spoke on the condition of anonymity to discuss issues being investigated by federal authorities, provide a fuller and more complex account of how a group of cyberexperts discovered the odd internet data and developed their hypothesis about what could explain it.At the same time, defense lawyers for the scientists say it is Mr. Durham’s indictment that is misleading. Their clients, they say, believed their hypothesis was a plausible explanation for the odd data they had uncovered — and still do.The Alfa Bank results “have been validated and are reproducible. The findings of the researchers were true then and remain true today; reports that these findings were innocuous or a hoax are simply wrong,” said Jody Westby and Mark Rasch, lawyers for David Dagon, a Georgia Institute of Technology data scientist and one of the researchers whom the indictment discussed but did not name.Steven A. Tyrrell, a lawyer for Rodney Joffe, an internet entrepreneur and another of the four data experts, said his client had a duty to share the information with the F.B.I. and that the indictment “gratuitously presents an incomplete and misleading picture” of his role.Mr. Durham’s indictment provided evidence that two participants in the matter — Mr. Joffe and Michael Sussmann, the cybersecurity lawyer accused of falsely saying he had no client when he brought the findings of the researchers to the F.B.I. — interacted with the Clinton campaign as they worked to bring their suspicions to journalists and federal agents.A spokesman for Mr. Durham declined to comment. The special counsel’s office issued a fresh grand jury subpoena to Mr. Sussmann’s former law firm, Perkins Coie, sometime after Mr. Sussmann was indicted on Sept. 16, in a development first reported on Thursday by CNN and confirmed by a person familiar with the matter. It is unclear whether the subpoena pertained to Alfa Bank or whether Mr. Durham has finished his investigation into that case.Mr. Durham uncovered law firm billing records showing that Mr. Sussmann, who represented the Democratic National Committee on issues related to Russia’s hacking of its servers, had logged his time on the Alfa Bank matter as work for the Clinton campaign. Mr. Sussmann has denied lying to the F.B.I. about who he was representing in coming forward with the Alfa Bank data, while saying he was representing only Mr. Joffe and not the campaign.Mr. Durham also found that Mr. Joffe had met with one of Mr. Sussmann’s law firm partners, Marc Elias, who was then the Clinton campaign’s general counsel, and researchers from Fusion GPS, an investigative firm Mr. Elias had commissioned to scrutinize Mr. Trump’s purported ties to Russia. Fusion GPS drafted a paper on Alfa Bank’s ties to the Kremlin that Mr. Sussmann also provided to the F.B.I.Mr. Durham was appointed in 2019 to scour the Russia investigation for any wrongdoing.Justice Department, via Associated PressIn the heat of the presidential race, Democrats quickly sought to capitalize on the research. On Sept. 15, four days before Mr. Sussmann met with the F.B.I. about the findings, Mr. Elias sent an email to the Clinton campaign manager, Robbie Mook, its communications director, Jennifer Palmieri, and its national security adviser, Jake Sullivan, whose subject line referred to an Alfa Bank article, the indictment said.Six weeks later, after Slate ran a lengthy article about the Alfa Bank suspicions, the Clinton campaign pounced. Mrs. Clinton’s Twitter feed linked to the article and ran an image stating the suspicions as fact, declaring, “It’s time for Trump to answer serious questions about his ties to Russia.”The F.B.I., which had already started its Trump-Russia investigation before it heard about the possible Trump-Alfa connections, quickly dismissed the suspicions, apparently concluding the interactions were probably caused by marketing emails sent by an outside firm using a domain registered to the Trump Organization. The report by the Russia special counsel, Robert S. Mueller III, ignored the issue.The data remains a mystery. A 2018 analysis commissioned by the Senate, made public this month, detailed technical reasons to doubt that marketing emails were the cause. A Senate report last year accepted the F.B.I.’s assessment that it was unlikely to have been a covert communications channel, but also said it had no good explanation for “the unusual activity.”Whatever caused the odd data, at issue in the wake of the indictment is whether Mr. Joffe and the other three computer scientists considered their own theory dubious and yet cynically went forward anyway, as Mr. Durham suggests, or whether they truly believed the data was alarming and put forward their hypothesis in good faith.Earlier articles on Alfa Bank, including in Slate and The New Yorker, did not name the researchers, and used pseudonyms like “Max” and “Tea Leaves” for two of them. Mr. Durham’s indictment did not name them, either.But three of their names have appeared among a list of data experts in a lawsuit brought by Alfa Bank, and Trump supporters have speculated online about their identities. The Times has confirmed them, and their lawyers provided statements defending their actions.The indictment’s “Originator-1” is April Lorenzen, chief data scientist at the information services firm Zetalytics. Her lawyer, Michael J. Connolly, said she has “dedicated her life to the critical work of thwarting dangerous cyberattacks on our country,” adding: “Any suggestion that she engaged in wrongdoing is unequivocally false.”The indictment’s “Researcher-1” is another computer scientist at Georgia Tech, Manos Antonakakis. “Researcher-2” is Mr. Dagon. And “Tech Executive-1” is Mr. Joffe, who in 2013 received the F.B.I. Director’s Award for helping crack a cybercrime case, and retired this month from Neustar, another information services company.In addition, the Alfa Bank suspicions were only half of what the researchers sought to bring to the government’s attention, according to several people familiar with the matter.Their other set of concerns centered on data suggesting that a YotaPhone — a Russian-made smartphone rarely seen in the United States — had been used from networks serving the White House, Trump Tower and Spectrum Health, a Michigan hospital company whose server had also interacted with the Trump server.Mr. Sussmann relayed their YotaPhone findings to counterintelligence officials at the C.I.A. in February 2017, the people said. It is not clear whether the government ever investigated them.The involvement of the researchers traces back to the spring of 2016. DARPA, the Pentagon’s research funding agency, wanted to commission data scientists to develop the use of so-called DNS logs, records of when servers have prepared to communicate with other servers over the internet, as a tool for hacking investigations.DARPA identified Georgia Tech as a potential recipient of funding and encouraged researchers there to develop examples. Mr. Antonakakis and Mr. Dagon reached out to Mr. Joffe to gain access to Neustar’s repository of DNS logs, people familiar with the matter said, and began sifting them.Separately, when the news broke in June 2016 that Russia had hacked the Democratic National Committee’s servers, Mr. Dagon and Ms. Lorenzen began talking at a conference about whether such data might uncover other election-related hacking.Ms. Lorenzen eventually noticed an odd pattern: a server called mail1.trump-email.com appeared to be communicating almost exclusively with servers at Alfa Bank and Spectrum Health. She shared her findings with Mr. Dagon, the people said, and they both discussed it with Mr. Joffe.As a candidate in 2016, President Trump publicly called for Russia to hack Hillary Clinton.Todd Heisler/The New York Times“Half the time I stop myself and wonder: am I really seeing evidence of espionage on behalf of a presidential candidate?” Mr. Dagon wrote in an email to Mr. Joffe on July 29, after WikiLeaks made public stolen Democratic emails timed to disrupt the party’s convention and Mr. Trump urged Russia to hack Mrs. Clinton. By early August, the researchers had combined forces and were increasingly focusing on the Alfa Bank data, the people said. Mr. Joffe reached out to his lawyer, Mr. Sussmann, who would take the researchers’ data and hypothesis to the F.B.I. on Sept. 19, 2016.Defense lawyers contend the indictment presented a skewed portrait of their clients’ thinking by selectively quoting from their emails.The indictment quotes August emails from Ms. Lorenzen and Mr. Antonakakis worrying that they might not know if someone had faked the DNS data. But people familiar with the matter said the indictment omitted later discussion of reasons to doubt any attempt to spoof the overall pattern could go undetected.The indictment says Mr. Joffe sent an email on Aug. 21 urging more research about Mr. Trump, which he stated could “give the base of a very useful narrative,” while also expressing a belief that the Trump server at issue was “a red herring” and they should ignore it because it had been used by the mass-marketing company.The full email provides context: Mr. Trump had claimed he had no dealings in Russia and yet many links appeared to exist, Mr. Joffe noted, citing an article that discussed aspirations to build a Trump Tower in Moscow. Despite the “red herring” line, the same email also showed that Mr. Joffe nevertheless remained suspicious about Alfa Bank, proposing a deeper hunt in the data “for the anomalies that we believe exist.”He wrote: “If we can show possible email communication between” any Trump server and an Alfa Bank server “that has occurred in the last few weeks, we have the beginning of a narrative,” adding that such communications with any “Russian or Ukrainian financial institutions would give the base of a very useful narrative.”Mr. Tyrrell, his lawyer, said that research in the weeks that followed, omitted by the indictment, had yielded evidence that the specific subsidiary server in apparent contact with Alfa Bank had not been used to send bulk marketing emails. That further discussion, he said, changed his client’s mind about whether it was a red herring.“The quotation of the ‘red herring’ email is deeply misleading,” he said, adding: “The research process is iterative and this is exactly how it should work. Their efforts culminated in the well-supported conclusions that were ultimately delivered to the F.B.I.”Michael E. Sussmann during a cybersecurity conference in 2016. He was charged by Mr. Durham with lying to the F.B.I.via C-SPANThe indictment also quoted from emails in mid-September, when the researchers were discussing a paper on their suspicions that Mr. Sussmann would soon take to the F.B.I. It says Mr. Joffe asked if the paper’s hypothesis would strike security experts as a “plausible explanation.”The paper’s conclusion was somewhat qualified, an email shows, saying “there were other possible explanations,” but the only “plausible” one was that Alfa Bank and the Trump Organization had taken steps “to obfuscate their communications.”The indictment suggested Ms. Lorenzen’s reaction to the paper was guarded, describing an email from her as “stating, in part, that it was ‘plausible’ in the ‘narrow scope’ defined by” Mr. Joffe. But the text of her email displays enthusiasm.“In the narrow scope of what you have defined above, I agree wholeheartedly that it is plausible,” she wrote, adding: “If the white paper intends to say that there are communications between at least Alfa and Trump, which are being intentionally hidden by Alfa and Trump I absolutely believe that is the case,” her email said.The indictment cited emails by Mr. Antonakakis in August in which he flagged holes and noted they disliked Mr. Trump, and in September in which he approvingly noted that the paper did not get into a technical issue that specialists would raise.Mr. Antonakakis’ lawyer, Mark E. Schamel, said his client had provided “feedback on an early draft of data that was cause for additional investigation.” And, he said, their hypothesis “to this day, remains a plausible working theory.”The indictment also suggests Mr. Dagon’s support for the paper’s hypothesis was qualified, describing his email response as “acknowledging that questions remained, but stating, in substance and in part, that the paper should be shared with government officials.”The text of that email shows Mr. Dagon was forcefully supportive. He proposed editing the paper to declare as “fact” that it was clear “that there are hidden communications between Trump and Alfa Bank,” and said he believed the findings met the probable cause standard to open a criminal investigation.“Hopefully the intended audience are officials with subpoena powers, who can investigate the purpose” of the apparent Alfa Bank connection, Mr. Dagon wrote.In the end, Mr. Durham came to investigate them. More

  • in

    Germany Investigates Russia Over Pre-Election Hacking

    Berlin has protested to Moscow after identifying repeated attempts to steal politicians’ private information before the election this month that will decide Angela Merkel’s successor.BERLIN — The federal prosecutor’s office in Germany said Friday it was investigating who was responsible for a spate of hacking attempts aimed at lawmakers, amid growing concerns that Russia is trying to disrupt the Sept. 26 vote for a new government.The move by the prosecutor’s office comes after Germany’s Foreign Ministry said this week that it had protested to Russia, complaining that several state lawmakers and members of the federal Parliament had been targeted by phishing emails and other attempts to obtain passwords and other personal information.Those accusations prompted the federal prosecutor to open a preliminary investigation against what was described as a “foreign power.” The prosecutors did not identify the country, but they did cite the Foreign Ministry statement, leaving little doubt that their efforts were concentrated on Russia.In their statement, the prosecutors said they had opened an investigation “in connection with the so-called Ghostwriter campaign,” a reference to a hacking campaign that German intelligence says can be attributed to the Russian state and specifically to the Russian military intelligence service known as the G.R.U.Russia was found to have hacked into the German Parliament’s computer systems in 2015 and three years later, it breached the German government’s main data network. Chancellor Angela Merkel protested over both attacks, but her government struggled to find an appropriate response, and the matter of Russian hacking is now especially sensitive, coming in the weeks before Germans go to the polls to select a successor after her nearly 16 years in power.Moscow denied that it was involved in the hacking efforts.“Despite our repeated appeals through diplomatic channels, our partners in Germany have not provided any evidence of Russia’s involvement in these attacks,” the Russian Foreign Ministry spokeswoman, Maria Zakharova, said at a briefing on Thursday.She called calling the German allegations “an extraordinary P.R. story,” and said the suspicions appeared to be the work of “individual politicians” intent on showing they would “not allow gaps in trans-Atlantic solidarity,” in an apparent reference to Germany’s strong ties with the United States.Andrea Sasse, a spokeswoman for Germany’s Foreign Ministry, said on Wednesday of the hacking attempts, “The German government regards this unacceptable action as a threat to the security of the Federal Republic of Germany and to the democratic decision-making process, and as a serious burden on bilateral relations.” She continued, “The federal government strongly urges the Russian government to cease these unlawful cyber activities with immediate effect.”Ms. Merkel is not running for re-election and will leave office after a new government is formed, meaning the election will be crucial in determining Germany’s future — and shaping its relationship with Russia.Of the three candidates most likely to replace Ms. Merkel, Annalena Baerbock of the Greens, who has pledged to take the toughest stance against Moscow, has been the target of the most aggressive disinformation campaign.From left, the top candidates for chancellor at a televised debate in Berlin in August: Annalena Baerbock of the Greens, Armin Laschet of the Christian Democrats, and Olaf Scholz of the Social Democrats.Pool photo by Michael KappelerThe other two candidates — Armin Laschet of Ms. Merkel’s Christian Democratic Union, and Olaf Scholz of the Social Democrats, currently Ms. Merkel’s vice-chancellor and finance minister — have served in three of the four Merkel governments, and neither is expected to change Berlin’s relationship to Moscow.Ms. Merkel enacted tough economic sanctions against Moscow after the 2014 invasion of Ukraine despite some pushback in other capitals and at home, but she has also worked hard to keep the lines of communication open with Moscow.The two countries have significant economic links, not least in the energy market, where they most recently cooperated on construction of a direct natural gas pipeline, which the Russian energy company Gazprom announced had been completed on Friday.U.S. intelligence agencies believe that “Ghostwriter,” a Russian program that received its nickname from a cybersecurity firm, was active in disseminating false information about the coronavirus before the 2020 U.S. presidential election, efforts that were considered to be a refinement of what Russia tried to do during the 2016 campaign.But attempts to meddle in previous German election campaigns have been limited, partly because of respect for Ms. Merkel, but also because the far-right and populist parties that have emerged in France and Italy have failed to gain as much traction in Germany.German intelligence officials nevertheless remain concerned that their country, Europe’s largest economy and a leader in the European Union, is not immune to outside forces seeking to disrupt its democratic norms.Russia’s state-funded external broadcaster, RT, runs an online-only German-language service that for years has emphasized divisive social issues, including public health precautions aimed at stemming the spread of the coronavirus and migration.During a visit to Moscow last month, Ms. Merkel denied accusations that her government had pressured neighboring Luxembourg to block a license request from the station, which would have allowed it to broadcast its programs to German viewers via satellite.Valerie Hopkins More

  • in

    After Biden Meets Putin, U.S. Exposes Details of Russian Hacking Campaign

    The revelations, which dealt with a Russian espionage campaign, came after President Biden demanded that President Vladimir V. Putin rein in more destructive ransomware attacks.WASHINGTON — Two weeks after President Biden met President Vladimir V. Putin of Russia and demanded that he rein in ransomware attacks on U.S. targets, American and British intelligence agencies on Thursday exposed the details of what they called a global effort by Russia’s military intelligence organization to spy on government organizations, defense contractors, universities and media companies.The operation, described as crude but broad, is “almost certainly ongoing,” the National Security Agency and its British counterpart, known as GCHQ, said in a statement. They identified the Russian intelligence agency, or G.R.U., as the same group that hacked into the Democratic National Committee and released emails in an effort to influence the 2016 presidential election in favor of Donald J. Trump.Thursday’s revelation is an attempt to expose Russian hacking techniques, rather than any new attacks, and it includes pages of technical detail to enable potential targets to identify that a breach is underway. Many of the actions by the G.R.U. — including an effort to retrieve data stored in Microsoft’s Azure cloud services — have already been documented by private cybersecurity companies.But the political significance of the statement is larger: It underscored the scope of hacking efforts out of Russia, which range from the kind of intelligence gathering engaged in by the G.R.U. and the intelligence agencies of many states to the harboring of criminal groups like the one that brought down Colonial Pipeline. The company provides much of the gasoline, jet fuel and diesel used on the East Coast, and when it was attacked, it shut down the pipeline for fear that the malicious code could spread to the operational controllers that run the pipeline.Ever since the pipeline attack, the Biden administration’s focus on cyberattacks shifted, homing in on the potential for disruption of key elements of the nation’s economic infrastructure. It has focused on Russia-based criminal groups like DarkSide, which took credit for the Colonial attack, but then announced it was shutting down operations after the United States put pressure on it. The F.B.I. later announced it had recovered some of the more than $4 million in ransom that Colonial paid the hackers to unlock the company’s records.Whether those ransomware attacks abate will be the first test of whether Mr. Biden’s message to Mr. Putin at the summit in Geneva sunk in. There, Mr. Biden handed him a list of 16 areas of “critical infrastructure” in the United States and said that it would not tolerate continued, disruptive Russian cyberattacks. But he also called for a general diminishment of breaches originating from Russian territory.“We’ll find out whether we have a cybersecurity arrangement that begins to bring some order,” Mr. Biden said at the end of the meeting, only minutes after Mr. Putin declared that the United States, not Russia, was the largest source of cyberattacks around the world. Mr. Biden also repeatedly said that he was uncertain Mr. Putin would respond to the American warning or the series of related financial sanctions imposed on Moscow over the past five years.According to administration officials, the White House or intelligence agencies did not intend the advisory as a follow-up to the summit. Instead, they said, it was released as part of the National Security Agency’s routine warnings, said Charlie Stadtlander, an agency spokesman, “not in response to any recent international gatherings.”But that is unlikely to matter to Mr. Putin or the G.R.U., as they try to assess the steps the Biden administration is willing to take to curb their cybercampaigns — and in what order.For now, it is the ransomware attacks that have moved to the top of the administration’s agenda, because of their effects on ordinary Americans.Jake Sullivan, the national security adviser, said days after the summit that it might take months to determine whether the warning to Mr. Putin resulted in a change in behavior. “We set the measure at whether, over the next six to 12 months, attacks against our critical infrastructure actually decline coming out of Russia,” he said on CBS. “The proof of the pudding will be in the eating, so we will see over the course of months to come.”It was unclear from the data provided by the National Security Agency how many of the targets of the G.R.U. — also known as Fancy Bear or APT 28 — might be on the critical infrastructure list, which is maintained by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. At the time of the attacks on the election system in 2016, election systems — including voting machines and registration systems — were not on the list and were added in the last days of the Obama administration. American intelligence agencies later said Mr. Putin had directly approved the 2016 attacks.But the National Security Agency statement identified energy companies as a primary target, and Mr. Biden specifically cited them in his talks with Mr. Putin, noting the ransomware attack that led Colonial Pipeline to shut down in May, and interrupted the delivery of gasoline, diesel and jet fuel along the East Coast. That attack was not by the Russian government, Mr. Biden said at the time, but rather by a criminal gang operating from Russia.In recent years, the National Security Agency has more aggressively attributed cyberattacks to specific countries, particularly those by adversarial intelligence agencies. But in December, it was caught unaware by the most sophisticated attack on the United States in years, the SolarWinds hacking, which affected federal agencies and many of the nation’s largest companies. That attack, which the National Security Agency later said was conducted by the S.V.R., a competing Russian intelligence agency that was an offshoot of the K.G.B., successfully altered the code in popular network-management software, and thus in the computer networks of 18,000 companies and government agencies.There is nothing particularly unusual about the methods the United States says the Russian intelligence unit used. There is no bespoke malware or unknown exploits by the G.R.U. unit. Instead, the group uses common malware and the most basic techniques, like brute-force password spraying, which relies on passwords that have been stolen or leaked to gain access to accounts.The statement did not identify the targets of the G.R.U.’s recent attacks but said that they included government agencies, political consultants, party organizations, universities, and think tanks.The attacks appear to mostly be about gathering intelligence and information. The National Security Agency did not specify ways that the Russian hackers damaged systems.The recent wave of G.R.U. attacks has gone on for a relatively long time, beginning in 2019 and continuing through this year. Once inside, the G.R.U. hackers would gain access to protected data and email — as well as to cloud services used by the organization.The hackers were responsible for the primary breach of the Democratic National Committee in 2016 which resulted in the theft, and release, of documents meant to damage the campaign of Hillary Clinton.On Thursday, the National Security Agency released a list of evasion and exfiltration techniques the G.R.U. used to help information technology managers identify — and stop — attacks by the hacking group.That lack of sophistication means fairly basic measures, like multifactor authentication, timeout locks and temporary disabling of accounts after incorrect passwords are entered, can effectively block brute force attacks. More