Brian Cates is like a hungry dog with a bone — the Durham / Sussman case being the bone.
“Durham already has their number. He can prove through what he already has that Sussmann and Elias weren’t functioning as lawyers for clients, they were supervisors in a ‘joint venture’ to vilify Trump with fake Russia smears.
Far from entering into a relationship with Joffe or Fusion GPS’s Glenn Simpson to give them legal advice about possible future litigation or liabilities, Sussmann and Elias were supervising the theft of federal data and the conversion of that stolen data into Trump/Russia collusion hoaxes that could be fed to the media and to federal agencies.
The lawyers for Sussmann and Joffe and Simpson can scoff all they want to. Durham has the evidence to demonstrate ” the [subpoenaed] communications were “in furtherance of collaborating and promoting the Russian Bank-1 allegations, not facilitating legal advice” and “related to political opposition research.”
I won’t bore you with a ton of screenshots here. I’ve already pretty much summed up the filing.
The end result of all the ‘consultation’ that Sussmann and Joffe and Simpson engaged in resulted in ‘work product’ that was handed off to the FBI and then the CIA that turned out to be a big fat honking hoax.
They disclosed the end result to the feds.
And also to several media outlets.
Durham can indeed make a very strong argument that any a/c privilege was waived by those activities.
The next couple of filings on the court docket have to do with several attorneys representing Fusion GPS introducing themselves.
Joshua Levy, Rachel Clattenburg and Kevin Crenny will be filing motions to intervene in the case as third parties on behalf of their client, FUSION GPS.
Just as with the lawyer filing for Joffe, these 3 Fusion attorneys are filing to argue that the court should not grant the governments Motion To Compel the production of documents for which attorney/client privilege is being invoked by the defendants and the third parties involved.
As with Joffe, they make it clear they strongly object to even an in camera review of the documents by the judge so he can make a determination as to whether the a/c privilege applies.
MOTION to Intervene by FUSION GPS as to MICHAEL A. SUSSMANN. “Leave To File Granted”. Signed by Judge Christopher R. Cooper on 4/19/2022. (Attachments: # 1 Text of Proposed Order)(zstd) (Entered: 04/19/2022)
“Nobody can see any of this stuff, not even you in an in camera review judge! Attorney client privilege!”
I can’t wait to see how Durham rips this one to shreds. It’s so transparent, the ploy here.
Fusion wasn’t getting legal advice from Sussmann/Elias, they were directions in their manufacturing of the Steele Dossier hoax and getting the money sent to them thru Perkins Coie.
The final filing has 10 exhibits attacked to it, but I won’t take you your time screenshotting them all.
You can already get the gist of what they argument is here.
They throw a word salad at the judge to claim even he can’t review these documents to see if the a/c privilege claim is valid or not. The mere invocation of a/c priv should end the argument.
Can’t wait to see what Judge Cooper does with this claim.
Judge Cooper has been following this case from the start, he’s seen all the same filings and documents that I have thus far.
He would know that Sussmann and Elias weren’t being utilized as real lawyers servicing clients with legal advice; this was Hillary Clinton trying to hide her dirty trick operation using her lawyers as middlemen passing on directions and money to the dirty tricksters at Neustar and Fusion GPS.
It’s amazing at this late date as the trial approaches less than a month away now, that Sussmann and Fusion and Joffe are still whining “BUT SUSSMANN’S A LAWYER! WE’VE INVOKED A/C PRIV! YOU CAN’T SEE ANY OF THIS STUFF!”
Hey, it’s always worked before…
But Durham already cracked that wall of a/c priv. I believe he’s already gotten a ruling long before Sussmann was indicted, while his grand jury was still utterly secret, that compelled the production of Perkins Coie’s billing records, emails, text messages and internal memoranda.
He convinced a federal judge that the crime/fraud exception waived the a/c privilege.
And now, after indicting Sussmann, he’s going to do it again so he can introduce documents at trial that will clearly lay out the ‘joint venture’ all of these people were involved in.
A joint venture to create fake Trump/Russia hoaxes to distract the public from Hillary Clinton’s email server scandal.
And…THREE NEW FILINGS WERE JUST MADE ON THE DOCKET.
An attorney has just filed to intervene as a 3rd party on behalf of PERKINS COIE.
Attorney F. Joseph Warin, representing Perkins Coie, has filed on the docket his intention to intervene as a 3rd party in the Sussmann case.
Lawyer Shawn G. Crowley has also filed a motion with the court.
Just as Fusion GPS and Rodney Joffe has done, Fusion GPS’s lawyers have now filed to intervene as 3rd parties in the Sussmann case to object to Durham’s Motion To Compel the production of key documents by invoking attorney/client privileges.
You know these documents must be damning the way that Joffe, Fusion and now Perkins Coie are rushing to block any in camera review by the judge of them.
I wish all four of these legal teams the best of luck, but I don’t think Judge Cooper is going to agree he shouldn’t do an in camera review to see if the a/c privilege applies or not.
I believe he’s seen more than enough to this point to show him Sussmann wasn’t dispensing legal advice to Joffe or to Glenn Simpson or anybody else as Fusion.
I believe Judge Cooper will grant Durham’s Motion To Compel an in camera review of these documents.
and when Cooper reviews them, he’s going to see that all these lawyers were bullshitting him.
We’ll see what happens.