Durham: Clinton allies spied on the Executive Office of the President
- Thread starter Goldhedge
- Start date
Durham's Trapped Them All
There's Really No Escape Now That He's Laid Out Most Of the Organized RICO Conspiracy Against Donald Trump
| Brian Cates
|
Attending Threadfest in Nashville sucked a lot of the oxygen out of me the past week and a half so I'm aware I’m way behind on keeping up with the latest Durham filings.
So here’s a brief summary of what happened the past week and a half:
Durham suckered Hillary for America [HFA], the DNC, Perkins Coie, Fusion GPS and Rodney Joffe into sudden furious activity where they rushed to the court in D.C. to file Motions To Intervene in the case he is prosecuting against former Clinton campaign lawyer Michael Sussmann.
He did that by suddenly dropping trial subpoenas on certain people affiliated with Hillary for America and the DNC, where they were going to be compelled to come to court and specifically testify under oath before the jury about assertions of attorney client privilege they had made regarding certain documents.
It was Sussmann’s own defense team that let the trial subpoenas out of the bag by making an outraged filing in the court docket about it, demanding Judge Cooper quash the subpoenas
We’re not told what date Durham’s grand jury issued the trial subpoenas, but we do know what date that Sussmann’s defense team became aware of them: April 19.
Screaming like outraged banshees at this development, you had Hillary For America, the DNC, Perkins Coie, Fusion GPS and Joffe/GT and all their lawyers streaming into court over the remainder of the day on the 19th, frantically filing motions in an attempt to stop the inevitable.
In these sudden motions filed with the court, all of these outside parties were furiously demanding federal district judge Christopher Cooper **not** grant Durham’s Motion To Compel via In Camera review of the several thousand documents they’ve all been holding back while asserting claims of attorney/client privilege.
See, Fusion and Perkins Coie and Hillary for America and Joffe/GT researchers all received federal subpoenas more than a year ago from Durham’s grand jury for documents - and they have only **partially** complied with those subpoenas. They’ve been claiming attorney/client privilege shields what they’re holding back.
The amount of documents already handed over by all these parties to the Special Counsel’s Office is staggering, very likely well over 1 million. Durham let the court - and the public - know that in just Sussmann’s case of 1 single count of giving a false statement to a federal official, the discovery that the government was handing over to Sussmann and his defense team totaled over 80,000 pages.
But suddenly on April 6, in filing his Motion To Compel Via In Camera, Durham revealed that these parties had **held back** a few thousand key documents as they made assertions of attorney client privilege. Durham had let that issue lay until now and then suddenly demanded them.
Perhaps these parties involved in this massive ‘joint venture’ had talked themselves into believing they’d managed to dodge the bullet and Durham wasn’t going to force them to comply. They’d managed to hold back the most damning evidence, and it looked like Durham had either forgotten or felt confident he could make his case without pressing the issue. If so, they were disabused of that fantasy when Durham filed his Motion To Compel.
What you have to realize is this: when Durham filed the Motion To Compel via In Camera review by the court back on April 6, it didn’t lead to any furious public response at the time from HFA, Perkins Coie, the DNC or Joffe. Sussmann’s team quickly filed their own motion in opposition, but that was all that surfaced at the time.
But as soon as HFA, the DNC, Perkins Coie and Fusion GPS learned on April 19 that Durham had issued **trial subpoenas** to certain people at HFA/DNC, all of a sudden these people couldn’t rush to court fast enough to file their motions trying to stop him.
What drew this outraged and panicked response?
It has to do with the specific testimony Durham wants to compel under oath before the jury from these particular witnesses from HFA & the DNC.
And that specific testimony Durham wants to coerce these hostile witnesses into giving in court under oath has to do with specific assertions of attorney client privilege they made - very likely in response to federal grand jury subpoenas.
This is the trap Durham has lured them into.
He’s going to get all their vapid and lying assertions of attorney client privilege on the record and then he’s going to tear the claim to shreds and show they’ve been trying to hide a blatant criminal joint venture with it.
Durham came right out and told the court in a recent filing that hiding this RICO criminal joint venture from the FBI was Sussmann’s **motive** for lying to FBI General Counsel James Baker about not being there on behalf of any client as he handed the agency the Alfa Bank hoax he’d helped to create.
Durham’s not being shy at all about where his investigation is headed.
Kash Patel had a lot to say about what Durham’s been up to on a recent episode of Kash’s Corner at the Epoch Times with journalist Jan Jekielek.
Kash Patel on how Durham has goaded the SpyGate Plotters Into Trapping Themselves
Kash Patel in a brief video discussing the Durham SCO investigation with Jan Jekielek at the Epoch Times "Kash's Corner". I own no rights and make no claims; this video is not monetized.
Patel thinks Durham has led these various parties into self-destructing by the way he’s slowly rolled out the RICO criminal conspiracy over the past 6 months. He let them hang themselves with their own filings.
First, he got them all to admit they are trying to hide documents from his grand jury by claiming attorney client privilege - even when no lawyer was involved - and then he reminded them Sussmann **insisted in writing** he made his approach to the FBI all by himself and not for any client. Then he demonstrated to the court that all these parties are lying to it about Fusion having been hired solely for ‘legal advice’ and most certainly not for opposition research or to construct Trump/Russia hoaxes or anything like that.
And on top of that, Durham then went for the kill by having his grand jury drop trial subpoenas on these lying creeps at Hillary For America and the DNC and let them all know he’s going to compel testimony under oath about these assertions of attorney/client privilege they’ve been making to the court.
I’m more convinced than ever that to avoid having to send HFA/DNC people into the courtroom during a trial where they’ll be put under oath in front of the jury and then asked very specific questions about the attorney/client privilege they invoked to try to get out of having to comply with a grand jury subpoena, Sussmann’s own coconspirators in that ‘joint venture’ are going to urge him to change his plea to guilty and get the best deal he can.
This entire case has been a mess for the Sussmann defense team from A to Z, from beginning to end. Most of the filings make no real sense, such as the one they made to argue that Judge Cooper should compel Durham to grant Rodney Joffe immunity so that Joffe could testify at the trial for the defense in order to….prove that Susmmann perjured himself back in 2017 when he testified to Congress.
You are reading that correctly.
Sussmann admitted, when he was under oath back in 2017, that he was representing clients when he approached the FBI. But now that he’s going to trial, Sussmann wants Joffe to come testify that Sussmann didn’t approach the FBI for him.
Sussmann’s trial date is still currently set for May 16. Some time before then, I expect two things to happen:
- Judge Cooper grants Durham’s Motion To Compel Via In Camera review and
- Sussmann to announce he’s changing his plea to guilty
Durham's Trapped Them All
There's Really No Escape Now That He's Laid Out Most Of the Organized RICO Conspiracy Against Donald Trump
briancates.substack.com
Techno_Fog on Telegram
Special Counsel Durham Update -
The court order granting immunity to Fusion GPS's Laura Seago has been unsealed.
And here is the newly unsealed motion to compel Seago's testimony [in the Sussmann case], filed by Durham back in April 2022.
Full doc: https://www.scribd.com/document/572850321/72-Motion-to-Compel-Seago-Testimony
t.me
Special Counsel Durham Update -
The court order granting immunity to Fusion GPS's Laura Seago has been unsealed.
And here is the newly unsealed motion to compel Seago's testimony [in the Sussmann case], filed by Durham back in April 2022.
Full doc: https://www.scribd.com/document/572850321/72-Motion-to-Compel-Seago-Testimony
Techno_Fog
Special Counsel Durham Update - The court order granting immunity to Fusion GPS's Laura Seago has been unsealed. And here is the newly unsealed motion to compel Seago's testimony [in the Sussmann case], filed by Durham back in April 2022. Full doc...
Respectfully disagree, bro.
Ms. Seago was served with a subpoena from the SCO on March 15, 2022 where she was ordered to appear to testify at Sussmann's trial.
When Seago received the subpoena, her legal counsel, Holly Pierson, notified the Durham SCO that absent an immunity deal, her client would do nothing on the stand but invoke her 5th amendment right.
In response to that, the SCO applied to the court for an order compelling Seago to testify while granting her immunity for anything she says that is not perjury.
t.me
When Seago received the subpoena, her legal counsel, Holly Pierson, notified the Durham SCO that absent an immunity deal, her client would do nothing on the stand but invoke her 5th amendment right.
In response to that, the SCO applied to the court for an order compelling Seago to testify while granting her immunity for anything she says that is not perjury.
Brian Cates - Political Columnist ★★★
Ms. Seago was served with a subpoena from the SCO on March 15, 2022 where she was ordered to appear to testify at Sussmann's trial. When Seago received the subpoena, her legal counsel, Holly Pierson, notified the Durham SCO that absent an immunity deal, her client would do nothing on the...
TechnoFog is a lawyer and clearly explains
We have the transcript to yesterday’s hearing in the Michael Sussmann case, where the judge heard argument relating to the privilege dispute over the following:
We’ve been confident that Durham would win this fight, especially in light of newly-available FEC General Counsel Reports which concluded “there is no evidence that Fusion provided services other than this opposition research.”
Yesterday’s hearing only seems to confirm that Durham will get these records - to an extent (more on that “extent” below). As we updated on Twitter, the Court granted Durham’s motion to compel production of documents for in camera review (meaning review by the judge). The purpose of this step is so the judge can determine whether the attorney-client privilege and/or the work product protections apply to these documents and communications.
The key part of the Clinton Campaign’s “privilege” argument is that Fusion GPS was providing “legal support” or “legal advice” to their attorneys at Perkins Coie. For the 38 e-mails in question, the judge asked the Clinton Campaign lawyer about whether those e-mails might support that theory. (This is important because the judge will look at these e-mails individually - and because the judge recognized that “opposition research . . . does not, under the case law, fall within the attorney-client or work product privileges.”) The Clinton Campaign lawyer response to that question was a damning “I don’t”:
The transcript also sheds light on the content of the e-mails - or at a minimum, the subject matter of the e-mails. All 38 e-mails relate to the Alfa Bank allegations. 30 of those are “internal Fusion emails” and 8 are correspondence involving Rodney Joffe.
The judge also pressed the Hillary for America attorney about the broader Fusion GPS role in “media relations”:
The transcript also provides additional info on Fusion GPS witness Laura Seago, who was in meetings with Sussmann and Joffe and has been granted immunity to testify. She will speak on the following topics.
Another issue the court faced yesterday was the fact that there are more e-mails the Special Counsel might want to access. While the Sussmann case involves a dispute over 38 e-mails, Fusion has asserted privilege over some “1,500 documents” at the direction of “the privilege-holder’s counsel” (either Hillary for America or Rodney Joffe, or both). If the court grants access, that could open up access to the other e-mails. The court asked whether Durham’s team would come back for the other 1,500 e-mails. They responded in the negative - with a curious “not for this trial” - and stated the court’s decision would be “important for other investigations.”
Near the end of the hearing, the judge granted Durham’s request for an in camera review of the 38 emails. In doing so, he observed “there is a distinction between hiring a public relations firm to provide fact-checking or consulting on litigation risk and the affirmative creation and dissemination of research about an opposing candidate or business, for that matter.”
I mentioned that Durham will get these records “to an extent.”
We believe he’ll likely get the 30 the Clinton Campaign was fighting to keep secret. As to the rest? The judge was “dubious” about Durham’s argument that the 8 e-mails regarding Rodney Joffe weren’t privileged, seemingly buying the argument from Joffe’s counsel that “as Mr. Joffe understood, Fusion was a third party that was hired by his counsel to supply resources and expertise that were essential to the legal advice that Mr. Joffe was seeking from Mr. Sussmann on an extremely complex and sensitive matter.”
Now it’s a question of whether those 8 Joffe e-mails change the court’s mind. With Joffe’s participation in orchestrating the Alfa Bank hoax, it’s entirely possible. Here is a link to the transcript.
technofog.substack.com
Transcript - the fight over "privileged" Fusion GPS e-mails
The court grants in camera review
| Techno Fog
|
We have the transcript to yesterday’s hearing in the Michael Sussmann case, where the judge heard argument relating to the privilege dispute over the following:
- Documents involving Fusion GPS’s provision of opposition research and media-related strategies to Hillary for America, the DNC, and Perkins Coie. This includes the Fusion GPS/Perkins Coie contract and 38 e-mails and attachments between and among Fusion GPS, Rodney Joffe, and Perkins Coie.
- Communications between Fusion GPS and Rodney Joffe relating to the Alfa Bank allegations, and “other emails that precede, and appear to relate to, those communications.” This include emails between Joffe and Laura Seago, whom Durham has subpoenaed as a trial witness.
We’ve been confident that Durham would win this fight, especially in light of newly-available FEC General Counsel Reports which concluded “there is no evidence that Fusion provided services other than this opposition research.”
Yesterday’s hearing only seems to confirm that Durham will get these records - to an extent (more on that “extent” below). As we updated on Twitter, the Court granted Durham’s motion to compel production of documents for in camera review (meaning review by the judge). The purpose of this step is so the judge can determine whether the attorney-client privilege and/or the work product protections apply to these documents and communications.
The key part of the Clinton Campaign’s “privilege” argument is that Fusion GPS was providing “legal support” or “legal advice” to their attorneys at Perkins Coie. For the 38 e-mails in question, the judge asked the Clinton Campaign lawyer about whether those e-mails might support that theory. (This is important because the judge will look at these e-mails individually - and because the judge recognized that “opposition research . . . does not, under the case law, fall within the attorney-client or work product privileges.”) The Clinton Campaign lawyer response to that question was a damning “I don’t”:
The judge also pressed the Hillary for America attorney about the broader Fusion GPS role in “media relations”:
The transcript also provides additional info on Fusion GPS witness Laura Seago, who was in meetings with Sussmann and Joffe and has been granted immunity to testify. She will speak on the following topics.
I mentioned that Durham will get these records “to an extent.”
We believe he’ll likely get the 30 the Clinton Campaign was fighting to keep secret. As to the rest? The judge was “dubious” about Durham’s argument that the 8 e-mails regarding Rodney Joffe weren’t privileged, seemingly buying the argument from Joffe’s counsel that “as Mr. Joffe understood, Fusion was a third party that was hired by his counsel to supply resources and expertise that were essential to the legal advice that Mr. Joffe was seeking from Mr. Sussmann on an extremely complex and sensitive matter.”
Transcript - the fight over "privileged" Fusion GPS e-mails
The court grants in camera review
technofog.substack.com
For those who like reading the actual source documents -
We have the transcript from yesterday's fight over "privileged" Fusion GPS emails in the Michael Sussmann case.
Key passage-
technofog.substack.com
t.me
We have the transcript from yesterday's fight over "privileged" Fusion GPS emails in the Michael Sussmann case.
Key passage-
Clinton Campaign lawyer was asked if he knew of any emails supporting their claim that Fusion GPS was "providing legal support"
Clinton lawyer: "I don't"
Transcript - the fight over "privileged" Fusion GPS e-mails
The court grants in camera review
technofog.substack.com
Techno_Fog
For those who like reading the actual source documents - We have the transcript from yesterday's fight over "privileged" Fusion GPS emails in the Michael Sussmann case. Key passage- Clinton Campaign lawyer was asked if he knew of any emails supporting their claim that Fusion GPS was...
Special Counsel John Durham Wins Key Motion in Case Against Former Clinton Lawyer
A federal judge on May 4 granted a motion from special counsel John Durham to review documents that ...
Special Counsel John Durham Wins Key Motion in Case Against Former Clinton Lawyer
By Zachary Stieber
May 4, 2022 Updated: May 5, 2022
A federal judge on May 4 granted a motion from special counsel John Durham to review documents that Hillary Clinton’s campaign and other parties had claimed were protected by privilege, which means the documents may ultimately be made available to the public.
U.S. District Judge Christopher Cooper, after a hearing in Washington, granted Durham’s motion to compel production of unredacted versions of said documents from the Perkins Coie, a law firm hired by the campaign ahead of the 2016 election; Rodney Joffe, a technology executive; and Fusion GPS, a firm that specializes in opposition research that the campaign and the Democratic National Committee (DNC) used extensively to investigate then-candidate Donald Trump—Clinton’s rival for the presidency.
The parties had resisted producing some documents and handed over redacted versions of others because of shielding afforded by attorney-client privilege or another form of privilege that protects documents used in producing “work product”—claims Durham has disputed in part because Fusion primarily engaged in non-legal matters such as opposition research for the campaign, the DNC, and Perkins.
The documents include details on Fusion’s opposition research into Trump and the firm’s promotion of dubious stories regarding Trump to various media outlets, Durham has said. Among them are emails and attachments sent by or received by Fusion, Perkins, and Joffe.
Other communications between Fusion and Joffe appear related to the claim that the Trump Organization, Trump’s business, had a secret backchannel with a Russian bank.
Evidence purportedly substantiating that claim was brought by Michael Sussmann—at the time representing the campaign and Joffe—to the FBI, which could not substantiate the allegations. The CIA found the claims were not “technically plausible.”
The motion was brought in the case against Sussmann, who is set to go on trial later in May for allegedly lying to the FBI when he said he was not bringing the information on behalf of a client.
The documents in question may or may not ultimately be made available to the general public.
The motion asked Cooper, an Obama appointee, to agree to compel the parties to produce unredacted forms of the documents and then review the documents in private.
After conducting such a review, Durham requested the court to give prosecutors access to unredacted versions of any documents the judge determines aren’t shielded by privilege. Any such documents would likely be posted on the court docket, making them available for anybody to read.
Zachary Stieber
REPORTER
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Zachary Stieber covers U.S. and world news. He is based in Maryland.
SUSSMANN Judge ORDERS Clinton and FusionGPS to DISCLOSE Documents in DURHAM Prosecution
Robert Gouveia Published May 5, 2022The Sussmann trial is starting with jury selection in just over a week. Judge Cooper ordered Hillary Clinton, FusionGPS and others to disclose documents related to the Durham Prosecution to the Judge for review. In this video, criminal defense lawyer Robert Gouveia reviews the Michael Sussman court docket, the Sussmann Mindmap, and the upcoming trial schedule.
SUSSMANN Judge ORDERS Clinton and FusionGPS to DISCLOSE Documents in DURHAM Prosecution
More: https://linktr.ee/robertgouveia Charged in AZ? https://rrlawaz.com/schedule-appointment/ The Sussmann trial is starting with jury selection in just over a week. Judge Cooper ordered Hillary Clin
[Forwarded from Brian Cates - Political Columnist ★★★ (Brian Cates)]
The judge has given Durham a lot of leeway to this point in alleging there was a broad conspiracy among multiple parties among whom Sussmann is one.
He’s pointing out for a single false statement charge, he’s asking the court to compel testimony from people he claims are in a conspiracy together so he provide a motive for Sussmann lying Baker about representing clients.
Judge Cooper knows the law, that Durham doesn’t even NEED to prove a motive if he has sufficient evidence that Sussmann committed the crime he’s charged with.
It was always a question of just how far abroad Judge Cooper would let Durham go building a very detailed and extensive criminal conspiracy case to mail one guy on a simple false statement charge.
Now we know.
The ball is now in Durham’s court. It’s up to him to actually CHARGE somebody with participating in that criminal conspiracy he just spent six months mapping out in his Sussmann case filings if wants to go after some HFA/DNC/Perkins Coie/Fusion people for it.
t.me
The judge has given Durham a lot of leeway to this point in alleging there was a broad conspiracy among multiple parties among whom Sussmann is one.
He’s pointing out for a single false statement charge, he’s asking the court to compel testimony from people he claims are in a conspiracy together so he provide a motive for Sussmann lying Baker about representing clients.
Judge Cooper knows the law, that Durham doesn’t even NEED to prove a motive if he has sufficient evidence that Sussmann committed the crime he’s charged with.
It was always a question of just how far abroad Judge Cooper would let Durham go building a very detailed and extensive criminal conspiracy case to mail one guy on a simple false statement charge.
Now we know.
The ball is now in Durham’s court. It’s up to him to actually CHARGE somebody with participating in that criminal conspiracy he just spent six months mapping out in his Sussmann case filings if wants to go after some HFA/DNC/Perkins Coie/Fusion people for it.
Brian Cates - Political Columnist ★★★
The judge has given Durham a lot of leeway to this point in alleging there was a broad conspiracy spanning multiple parties among whom Sussmann is one. Cooper’s pointing out for a single false statement charge, Durham’s asking the court to compel testimony from people he claims are in a...
If Durham got Elias and Mook and Seago under oath on the stand you can bet they will choose their words with extreme care. They gave a general idea how much Durham knows, but not everything.
Again I’m more convinced than ever major pressure is going to be applied to keep these people from having to testify and risk perjury charges.
That only happens if there’s no trial. If Sussmann changes his plea to guilty.
Brian Cates - Political Columnist ★★★
If Durham got Elias and Mook and Seago under oath on the stand you can bet they will choose their words with extreme care. They gave a general idea how much Durham knows, but not everything. Again I’m more convinced than ever major pressure is going to be applied to keep these people from...
Substack
PREDICTION: Michael Sussmann Will Change His Plea To "Guilty" Before His Trial Starts On May 16
It Will Happen After Claims of Attorney/Client Privilege Are Denied By The Judge
briancates.substack.com
Real-Time News Alert by:
MAGAinfo.TV
It looks like former Deputy Director of the FBI Andrew McCabe is about to become a star witness in John Durham's case.
www.magainfo.tv/?nid=ce16921280
t.me
PREDICTION: Michael Sussmann Will Change His Plea To "Guilty" Before His Trial Starts On May 16
It Will Happen After Claims of Attorney/Client Privilege Are Denied By The Judge
PREDICTION: Michael Sussmann Will Change His Plea To "Guilty" Before His Trial Starts On May 16
It Will Happen After Claims of Attorney/Client Privilege Are Denied By The Judge
briancates.substack.com
Real-Time News Alert by:
MAGAinfo.TV
It looks like former Deputy Director of the FBI Andrew McCabe is about to become a star witness in John Durham's case.
www.magainfo.tv/?nid=ce16921280
Brian Cates - Political Columnist ★★★
Real-Time News Alert by: MAGAinfo.TV It looks like former Deputy Director of the FBI Andrew McCabe is about to become a star witness in John Durham's case. www.magainfo.tv/?nid=ce16921280
The analysis of the Sussmann filings starts immediately.
Listen here:
uncoverdc.com
Listen here:
Dark To Light: An Interesting Sussmann Filing - UncoverDC
It is a SUPER deep dive into the Sussmann case today, where we talk about the most recent filings and what it all means...
uncoverdc.com
Today there was confirmation that Marc Elias, Robby Mook, and Bill Priestap (among others) would testify as government witnesses in the Michael Sussmann case.
Seeing lots of hand-wringing about this, but as we have reported, these guys have testified before a grand jury. This is no surprise. Their testimony is locked in. They’ll testify to Sussmann billing the Clinton Campaign, etc.
The concern at trial isn’t Durham’s witnesses - it’s that a Democrat activist will get on the jury. That’s the biggest risk to the administration of justice.
t.me
Seeing lots of hand-wringing about this, but as we have reported, these guys have testified before a grand jury. This is no surprise. Their testimony is locked in. They’ll testify to Sussmann billing the Clinton Campaign, etc.
The concern at trial isn’t Durham’s witnesses - it’s that a Democrat activist will get on the jury. That’s the biggest risk to the administration of justice.
Techno_Fog
Today there was confirmation that Marc Elias, Robby Mook, and Bill Priestap (among others) would testify as government witnesses in the Michael Sussmann case. Seeing lots of hand-wringing about this, but as we have reported, these guys have testified before a grand jury. This is no surprise...
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Evidence of Clinton conspiracy DENIED in Sussman case.
www.washingtontimes.com
Obama... Yale... Stanford...
Judge blocks purported evidence of Clinton ties to plot linking Trump and Russia
A federal judge has blocked special counsel John Durham from introducing evidence he contends will show former Hillary Clinton campaign attorney Michael Sussmann acted as part of a “joint venture” to taint former President Trump by linking him to Russia.
Obama... Yale... Stanford...
[Forwarded from Just Human 
️️️]
US v. SUSSMANN
New filing by Sussmann this morning, May 11th, 2022.
DEFENDANT’S MOTION TO PRECLUDE EXPERT TESTIMONY SET FORTH
IN THE SPECIAL COUNSEL’S SUPPLEMENTAL EXPERT DISCLOSURE
ATTACHMENT #1, EXHIBIT A
CourtListener (https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.127.0.pdf)
Exclude – #127 in United States v. SUSSMANN (D.D.C., 1:21-cr-00582) – CourtListener.com
MOTION to Exclude Expert Testimony Set Forth in the Special Counsel's Supplemental Expert Disclosure by MICHAEL A. SUSSMANN. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Berkowitz, Sean) (Entered: 05/11/2022)
t.me
️️️]US v. SUSSMANN
New filing by Sussmann this morning, May 11th, 2022.
DEFENDANT’S MOTION TO PRECLUDE EXPERT TESTIMONY SET FORTH
IN THE SPECIAL COUNSEL’S SUPPLEMENTAL EXPERT DISCLOSURE
ATTACHMENT #1, EXHIBIT A
CourtListener (https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.127.0.pdf)
Exclude – #127 in United States v. SUSSMANN (D.D.C., 1:21-cr-00582) – CourtListener.com
MOTION to Exclude Expert Testimony Set Forth in the Special Counsel's Supplemental Expert Disclosure by MICHAEL A. SUSSMANN. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Berkowitz, Sean) (Entered: 05/11/2022)
Brian Cates - Political Columnist ★★★
US v. SUSSMANN New filing by Sussmann this morning, May 11th, 2022. DEFENDANT’S MOTION TO PRECLUDE EXPERT TESTIMONY SET FORTH IN THE SPECIAL COUNSEL’S SUPPLEMENTAL EXPERT DISCLOSURE https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.127.0.pdf ATTACHMENT...
Two new filings in the Sussmann case have dropped in the last 30 minutes.
The first sets rules for the trial, media access, public seating, juror security, all the basic stuff that has to be squared away before the trial can start.
Here's that order from Judge Christopher Cooper. It's currently document #128 on the court docket.
t.me
The second filing is Judge Cooper announcing the result of the in camera review of the 38 emails.
That ruling is #129 on the court docket.
Here it is:
t.me
The first sets rules for the trial, media access, public seating, juror security, all the basic stuff that has to be squared away before the trial can start.
Here's that order from Judge Christopher Cooper. It's currently document #128 on the court docket.
Brian Cates - Political Columnist ★★★
Two new filings in the Sussmann case have dropped in the last 30 minutes. The first sets rules for the trial, media access, public seating, juror security, all the basic stuff that has to be squared away before the trial can start. Here's that order from Judge Christopher Cooper. It's...
The second filing is Judge Cooper announcing the result of the in camera review of the 38 emails.
That ruling is #129 on the court docket.
Here it is:
Brian Cates - Political Columnist ★★★
The second filing is Judge Cooper announcing the result of the in camera review of the 38 emails. That ruling is #129 on the court docket. Here it is: https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.129.0_5.pdf
Fusion GPS loses its fight over "privileged" documents
And - how Joffe's "privilege" can be overcome
|
| Techno Fog
|
We’ve documented the ongoing battle to obtain Fusion GPS e-mails and documents in the Michael Sussmann case. At issue in the Sussmann case are 38 e-mails and attachments between and among Fusion GPS, Rodney Joffe, and Perkins Coie. These 38 e-mails and attachments are among approximately 1,500 documents that Fusion GPS withheld from production to the grand jury based on “privilege.”
What Fusion GPS has to produce.
Today, the court in the Sussmann case made an important ruling and rejected, in large measure, Fusion’s assertion of attorney-client or work-product privilege:
Fusion GPS will have to produce these documents to Special Counsel Durham by May 16, 2022. What do these e-mails and documents contain? The court’s order provides guidance, stating they relate to:
Here are some examples of what these e-mails might include. These are privilege logs in Fusion GPS’s other litigation relating to the Alfa Bank hoax.
The other emails.
This leaves 16 e-mails and documents remaining. For now, Durham will not get them. These are divided into two categories:
- Eight of the e-mails involve internal communications among Fusion GPS employees. The court was “unable to tell from the emails or the surrounding circumstances whether they were prepared for a purpose other than assisting Perkins Coie in providing legal advice to the Clinton Campaign in anticipation of litigaiton.” Coming from the court, that’s a long way of saying that the sworn declarations of Fusion/Clinton lawyers (Levy and Elias) were sufficient to meet the “privilege” burden. This doesn’t mean that Durham can’t overcome this hurdle - just that it hasn’t been overcome yet.
- The other eight e-mails and attachments include those among Fusion GPS’s Laura Seago, Sussmann, and Rodney Joffe. The court observed that the e-mails are consistent with Joffe’s assertion of privilege.
Because the investigation into Joffe is ongoing, it makes sense that the Special Counsel is hesitant to disclose to the court information that could overcome this purported “privilege.” Keep in mind the crime-fraud exception, where communications are not considered privileged where they “are made in furtherance of a crime, fraud, or other misconduct” (citation omitted). In other words, the Special Counsel may still be able to get Joffe’s e-mails - assuming Joffe is charged under 18 USC 1031. He can also get them through the grand jury process, as we saw with Mueller’s investigation of Paul Manafort.1
I’ll also add that the fact that privilege applies to some of these documents strengthens the Special Counsel’s argument that Sussmann was representing a client when he met with then-FBI General Counsel James Baker in September 2016.
As to the e-mails and documents Durham will obtain, he cannot use them during trial. The court considered Durham’s efforts to be too close to the May 16, 2022 trial date to allow these e-mails and documents into trial. I’m not sure that matters. Sussmann is facing a false statement charge, and the court observed these e-mails are not “particularly revelatory.”
Finally, while “Court takes no position on the other approximately 1500 documents that Fusion GPS withheld as privileged,” we can assume based on this ruling that the majority of those documents would not be privileged. Durham will likely get most of them.
For those interested: After I wrote this post, New York Times reporter Eric Lichtblau filed this request for a protective order. Lichtblau will be called as a witness by Sussmann’s attorneys to discuss “communications between Mr. Sussmann and Mr. Lichtblau” - meetings at which Rodney Joffe was present (that confidentiality privilege was waived).
The Special Counsel has refused to limit Lichtblau’s testimony to that narrow topic:
Durham is taking this position because Lichtblau was in contact with Peter Fritsch (and Glenn Simpson) of Fusion GPS leading up to the 2016 election. Fritsch was feeding Lichtblau Fusion “opposition research” (what we might accurately call bullshit), and Lichtblau was at least somewhat receptive, though not salivating like Franklin Foer. These are relevant to the broader “media relations” strategy that Sussmann and Fusion GPS pursued on behalf of the Hillary Clinton campaign.
Here are the e-mails:
1
“Based on consideration of the factual proffers made by the SCO, as well as the arguments articulated by the SCO, the privilege holders and the Witness over multiple filings and three hearings held during the past two weeks, the Court finds that the SCO has made a sufficient prima facie showing that the crime-fraud exception to the attorney-client and work-product privileges applies.”
Fusion GPS loses its fight over "privileged" documents
And - how Joffe's "privilege" can be overcome
technofog.substack.com
John Durham Goes to Court
How his case against Michael Sussmann unravels the Russia collusion hoax.
By Kimberley A. Strassel
May 12, 2022 6:28 pm ET
Attorney Michael Sussmann who was charged with lying to the FBI during the Trump-Russia investigation leaves federal court in Washington, April 27.
PHOTO: JOSE LUIS MAGANA/ASSOCIATED PRESSSpecial Counsel John Durham steps into court Monday with the first trial of his probe into Democrats’ Russia-collusion hoax. That’s a formality. Mr. Durham has already won.
Perkins Coie lawyer Michael Sussmann stands accused of lying to the Federal Bureau of Investigation by claiming the dirt on Donald Trump he fed to the FBI wasn’t delivered on behalf of “any client.” Mr. Sussmann was in the pay of the Hillary Clinton campaign and Democratic National Committee and worked extensively with outside players and the media to produce the collusion narrative as well as documents that stoked FBI probes of Mr. Trump’s 2016 campaign, according to Durham filings. Mr. Sussmann has pleaded not guilty.
Commentators spent last week warring over whether Judge Christopher Cooper’s rulings on the use of evidence would help or hinder Mr. Durham’s case. It doesn’t much matter. Mr. Durham has already accomplished his far bigger goal with this narrow indictment. He’s put every sleazy collusion player in the hot seat, with ramifications beyond the courtroom.
From the day the special counsel released the 27-page Sussmann indictment in September (and the follow-on charges against dossier contributor Igor Danchenko), it’s been clear he had ambitions that went far beyond a conviction for lying. Each of his filings follows the same, deliberate strategy—lengthy briefs and long exhibits full of names, emails and documents, all of which connect the dots and expose the web that enabled this hoax, and the lies that kept it hidden.
Democratic superlawyer Marc Elias isn’t charged, but he also no longer heads the elite political-law practice at Perkins Coie. The firm last August announced Mr. Elias, who’d been there 28 years, was leaving to start his own small practice. A few weeks later, the Sussmann indictment laid bare the role Mr. Elias, a longtime DNC and Clinton lawyer, played in ginning up and distributing the bogus Trump-Russia claims.
Christopher Steele, author of the infamous dossier, once lauded by the press as an international superspy, is now a man in search of a reputation. His dossier’s “intelligence,” Mr. Durham’s documents show, came primarily from a Brookings Institution employee, Mr. Danchenko, who was recycling salacious chatter from a Clinton associate. Whatever work Mr. Steele may find in future, it won’t include assisting the FBI or any other respectable agency.
Fusion GPS, which hired Mr. Steele, has become toxic in Washington. The Durham prosecutions show how the opposition-research firm operates—not by producing real research, but by shopping seamy claims to law enforcement, then browbeating journalists into covering the “investigations” Fusion inspires. (Fusion in court filings says its job was to help Perkins Coie with legal advice—a claim the judge largely rejected Thursday.) The Washington press corps knows it got played—and how. A recent Durham filing released dozens of emails showing reporters at top outlets palling it up with their Fusion narrators, with one Slate writer even sending a draft October 2016 article for Fusion to review. Is the DNC going to hire Fusion anytime soon? Even credulous reporters will think twice before running with another Fusion lead.
Mrs. Clinton won’t be in the courtroom, but the campaign’s claims it was in the dark about the Perkins Coie and Fusion work are in ashes. Mr. Durham’s evidence shows top Clinton aides—including campaign manager Robby Mook—were apprised of allegations and helped circulate them. Also among the circulators was current national security adviser Jake Sullivan, who faces calls to resign given his role.
Then there’s James Comey’s FBI. One downside of the Durham “lying” strategy is that it requires prosecutors to present the FBI as dupes of the Clinton operation. Yet amusingly, this has lured the defense into providing evidence of FBI rot. Mr. Sussmann’s lawyers will argue at trial that their client can’t be found guilty of lying to the FBI, since “they have reviewed more than 300 emails that show the bureau understood Sussmann worked for Democratic campaign entities,” as the Washington Post reports.
The FBI knew all along and ran with unvetted political dirt, even if Mr. Sussmann’s alleged lie allowed it to pretend it was aboveboard. And as the Durham evidence shows, it went on pretending, failing to follow up on Mr. Steele, the dossier or its Clinton origins until long after the election (at which point special counsel Robert Mueller failed to follow up on the FBI for nearly two years more). Most of the FBI’s former leaders have been fired or left, its reputation is in tatters, and the GOP will dig further if it regains Congress this fall.
Many conservatives remain frustrated that Mr. Durham hasn’t pursued far more sweeping conspiracy charges. But conspiracy cases are hard to prove. A sweeping prosecution of high-name figures would cause a political feeding frenzy, and be proclaimed by the media a partisan exercise. A court loss would make it easier for the press to cast the entire effort as debunked.
The narrow prosecution of the little-known Mr. Sussmann has allowed for a focus on the bigger story. Stay tuned for a flood of more information coming out of a trial that on its face is about one lawyer, but in reality is the continuing tale of one of the dirtiest tricks in modern U.S. history.
Write to kim@wsj.com.
Opinion | John Durham Goes to Court
How his case against Michael Sussmann unravels the Russia collusion hoax.
www.wsj.com
Elias, he's a guy that would be worthy of the maximum sentence if convicted, IMHO. IMHO the guy's an absolute sleezeball douche bag. In this case, I would say that the death penalty would be too good.
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BREAKING: Federal Judge Makes Hillary Clinton's Nightmare Come True - Orders That Emails Must Be Handed Over To Durham's Team From GPS Fusion With Conditions
The emails say it all.
conservativebrief.com
UPDATE – Durham won the first part of the fight. Durham’s motion to compel has been granted. “Privileged” Fusion GPS e-mails/docs will be provided to the court for in camera review. The court will then determine whether the “privileges” apply. (Durham will get the docs.),” the Techno Fog Twitter account noted in a post containing screengrabs of the judge’s ruling.
Why I Believe Michael Sussmann Will Change His Plea To Guilty Before His Trial Begins
His Own Coconspirators Do Not Want To Testify At This Trial
| Brian Cates
|
As I take a break from moving stuff around my room as I prepare for the big move to Florida, let me address a question I was asked the other day:
Why am I so confident in predicting that Sussmann was going to change his plea from ‘not guilty’ to ‘guilty’?
Well I have three main reasons for this expectation. Let me list them.
First, Sussmann has no real defense.
None. Nada. Zip. Bubkis.Durham has him completely trapped on the false statement charge with incontrovertible forensic evidence. Including a text message that Sussmann sent to the FBI’s General Counsel James Baker the night before their meeting at FBI headquarters back in September of 2016.
In that text message, Sussmann states - in his own writing, mind you! - that he wants this meeting for himself, he’s certainly not reaching out and asking for this meeting on behalf any clients. Read the text message for yourself:
Now, Sussmann’s latest gambit is an attempt to introduce notes from former FBI Deputy Director Andrew McCabe into the trial evidence because McCabe says in those notes that Sussmann **did** say he was working for clients on the Alfa Bank hoax.
Here’s why that doesn’t matter: Sussmann changes his story based on who he’s talking to and when. When he sent Baker the text message on September 18, 2016 at precisely 7:24 p.m., he LIED, and said it wasn’t for any clients.
more:
Why I Believe Michael Sussmann Will Change His Plea To Guilty Before His Trial Begins
His Own Coconspirators Do Not Want To Testify At This Trial
briancates.substack.com
Guilty, or not guilty are not the only two options though.
Thete's also the, turning up dead just before to the trial, "option".
Remember who was ultimately in charge of the whole plan.
Thete's also the, turning up dead just before to the trial, "option".
Remember who was ultimately in charge of the whole plan.
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Wise choice... since the only alternative would result in either your death or life in prison.
synopsis of where we've been and are
www.bitchute.com
JOHN DURHAM - EPISODE ONE - DURHAM IS COMING - FT. KASH PATEL / X22 REPORT - A MRTRUTHBOMB FILM
In this series we will look at the on-going investigation by John ‘The Bull’ Durham as he investigates the fake Russian hoax perpetrated by the Globalist Deep State to attack the MAGA King, President Donald Trump.
JOHN DURHAM - EPISODE ONE - DURHAM IS COMING - Ft. Kash Patel / X22 Report - A MrTruthBomb Film
In this series we will look at the on-going investigation by John ‘The Bull’ Durham as he investigates the fake Russian hoax perpetrated by the Globalist Deep State to attack the MAGA King, President Donald Trump. HELP FIGHT THE DEEP STATE BY SUPP…
[Forwarded from Brian Cates]
As a private citizen, Hillary was literally paying federal contractors to spy for her on the side and steal federal data - some of which will no doubt turn out to be classified - so that stolen federal data could be used to target Trump and his close associates. And they went on to use some of this stolen classified federal data in the Alfa Bank/Steele Dossier hoaxes they concocted.
t.me
[Forwarded from Brian Cates]
The billing records alone would send her to prison. Elias and Sussmann kept meticulous billing records of the time they spent working with Joffe & Co. constructing the Alfa Bank hoax, selling it to the media, etc.
But Durham has far more than just billing records. He's got internal memoranda, emails, text messages.
t.me
[cleanup on isle 7?]
[Forwarded from Resist the Mainstream]
Bill Clinton's Special Advisor Dies at 59
A quick recap from Wednesday.
resistthemainstream.org
t.me
As a private citizen, Hillary was literally paying federal contractors to spy for her on the side and steal federal data - some of which will no doubt turn out to be classified - so that stolen federal data could be used to target Trump and his close associates. And they went on to use some of this stolen classified federal data in the Alfa Bank/Steele Dossier hoaxes they concocted.
Brian Cates - Political Columnist ★★★
As a private citizen, Hillary was literally paying federal contractors to spy for her on the side and steal federal data - some of which will no doubt turn out to be classified - so that stolen federal data could be used to target Trump and his close associates. And they went on to use some of...
[Forwarded from Brian Cates]
The billing records alone would send her to prison. Elias and Sussmann kept meticulous billing records of the time they spent working with Joffe & Co. constructing the Alfa Bank hoax, selling it to the media, etc.
But Durham has far more than just billing records. He's got internal memoranda, emails, text messages.
Brian Cates - Political Columnist ★★★
The billing records alone would send her to prison. Elias and Sussmann kept meticulous billing records of the time they spent working with Joffe & Co. constructing the Alfa Bank hoax, selling it to the media, etc. But Durham has far more than just billing records. He's got internal...
[cleanup on isle 7?]
[Forwarded from Resist the Mainstream]
Bill Clinton's Special Advisor Dies at 59
A quick recap from Wednesday.
Bill Clinton's Special Advisor Dies at 59
He wasn't a stranger to Epstein too, huh?
Brian Cates - Political Columnist ★★★
Bill Clinton's Special Advisor Dies at 59 A quick recap from Wednesday. https://resistthemainstream.org/bill-clintons-special-advisor-dies-at-59/?utm_source=telegram
Brian Cates on Telegram
Dunleavy may not be correct here. Federal trials are never televised so if he means there's no video feed showing the trial on TV because of tech difficulties, he's wrong about that. This trial was never going to be on TV.
As far as audio goes, I recall the judge ruling there will be no audio feed when he set the trial parameters last week. I'll go back and look.
Brian Cates - Political Columnist ★★★
Dunleavy may not be correct here. Federal trials are never televised so if he means there's no video feed showing the trial on TV because of tech difficulties, he's wrong about that. This trial was never going to be on TV. As far as audio goes, I recall the judge ruling there will be no...
Here's Judge Cooper's order about media and public access to the trial proceedings:
Brian Cates - Political Columnist ★★★
Here's Judge Cooper's order about media and public access to the trial proceedings: https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.128.0_1.pdf
[ Photo ]
Judge Cooper ruled there will be no public phone line for listening to the trial.
No one in the media or the public gallery will be allowed to record any audio or video of the trial.
This is why you always see the artist drawings of federal trials. They're not even allowed to snap pictures inside the courtroom.
Brian Cates - Political Columnist ★★★
No one in the media or the public gallery will be allowed to record any audio or video of the trial. This is why you always see the artist drawings of federal trials. They're not even allowed to snap pictures inside the courtroom.
[Forwarded from Techno_Fog]
Epoch Times reporter is live for the Michael Sussmann trial.
follow along on TWTR
Last edited:
[Forwarded from Broken Anthem]
Using the shadownet, jury selection is managed to control a verdict. It's called #MagicWheel and can be used to determine what jurors are needed to achieve a specific verdict. How is this justice?
Tore told us this (https://sarahwestall.com/ex-clandes...-american-people-w-tore-mauset-from-toresays/)
t.me
Using the shadownet, jury selection is managed to control a verdict. It's called #MagicWheel and can be used to determine what jurors are needed to achieve a specific verdict. How is this justice?
Tore told us this (https://sarahwestall.com/ex-clandes...-american-people-w-tore-mauset-from-toresays/)
Broken Anthem
Using the shadownet, jury selection is managed to control a verdict. It's called #MagicWheel and can be used to determine what jurors are needed to achieve a specific verdict. How is this justice? Tore told us this
The assholes in power now think they are patriots by keeping the current system going. However, they do not account for corruption or the fact they broke the system to begin with.
Their only objective is absolute, continuous power without regard to the individuality of the citizens in which they try to confuse adjectives such as "diversity".
Their only objective is absolute, continuous power without regard to the individuality of the citizens in which they try to confuse adjectives such as "diversity".
Bingo!
[Forwarded from Just Human️️️]
If Sussmann is going to get out this trial with a Not Guilty verdict, today is the day that he and his Defense Team have to make the moves to do it.
They must find jurors that are "The Ends Justify The Means" type Leftists.
Jurors who are still suffering from Trump Derangement Syndrome, jurors who believe that The Orange Man was SOOO Bad, that Sussmann's lies and what he gave the FBI are excused because his ENDS justified his MEANS.
This is not an impossible task in Washington DC. There are many Leftists who fit that bill.
Today may end up being the most critical day of the entire trial.
Godspeed Durham.
t.me
[Forwarded from Just Human
️️️]If Sussmann is going to get out this trial with a Not Guilty verdict, today is the day that he and his Defense Team have to make the moves to do it.
They must find jurors that are "The Ends Justify The Means" type Leftists.
Jurors who are still suffering from Trump Derangement Syndrome, jurors who believe that The Orange Man was SOOO Bad, that Sussmann's lies and what he gave the FBI are excused because his ENDS justified his MEANS.
This is not an impossible task in Washington DC. There are many Leftists who fit that bill.
Today may end up being the most critical day of the entire trial.
Godspeed Durham.
Just Human ⭐️⭐️⭐️
If Sussmann is going to get out this trial with a Not Guilty verdict, today is the day that he and his Defense Team have to make the moves to do it. They must find jurors that are "The Ends Justify The Means" type Leftists. Jurors who are still suffering from Trump Derangement Syndrome...
the judge should recuse herself...
