Via Brian Cates & Others

Got some happenings in US v. Sussmann today.   Filings by Joffe and there will be a hearing tomorrow. Taking a look at Joffe’s filing now.  

He’s objecting to the Special Counsel’s Motion To Compel the production of documents that Joffe and Sussmann and Fusion all claim are protected by attorney/client privilege.  

Durham’s already established a criminal conspiracy or a ‘joint venture’ between these 3 and the Clinton Campaign in which the lawyers involved directly participated, so I don’t see this motion intervene going anywhere. 

But Joffe has to try.  He was the QB for the private spying network Hillary Clinton was using to steal federal data for her political operatives so she could have them turn it into Trump/Russia collusion smears.  

Page one of the filing from Joffe – who still refers to himself by the pseudonym “Tech Executive-1” that he’s called in Durham’s filings – reveals that Joffe is attempting to keep the Special Counsel from obtaining four particular emails and attachments.

Joffe’s basis for asking the court to deny the Special Counsel’s request for these 4 emails is that he claims they are protected by attorney client privilege.

Joffe clearly identifies himself as the client in this purported attorney/client relationship that he is claiming as a basis for shielding the 4 emails from Durham.  

The problem here is that Durham isn’t asking for the 4 emails to be given directly to him. He’s asking for what’s called an “in camera” review of the emails by the court. 

It’s the Judge who will look at the documents and determine whether or not the appeal to attorney-client privilege is warranted or not. 

Joffe is filing this motion to assert that he does not want the court to see these 4 emails either.  He doesn’t want anybody to see them, and is asserting his rights as a client in an attorney/client relationship to shield them from being reviewed by federal judge Christopher Cooper.  

Short and sweet filing. It’s only 2 pages long.

Assuming Durham does know what is in the 4 emails, he still needs to have them entered into the trial record to use them as evidence in his case. That’s why he’s using a subpoena to make Joffe produce them.  

Joffe is resisting and telling the court he’s invoking his attorney/client privilege.  

I predict Cooper turns this motion down and does an in camera review and will find out no real legal counsel was being dispensed between an attorney and Joffe and he’s going to give the emails to Durham.

There is a new Minute Order in which the court grants a defense request  to have a hearing tomorrow, April 20, on the defendant’s motion to Preclude Evidence and the Motion To Exclude the government’s expert witness.  

Hearing is to start at 10 am EST by videoconference.  Before the hearing starts, the two parties are to give the Judge the three ‘white papers’ that Sussmann handed off to FBI General Counsel James Baker back on Sept. 19, 2016.

Former FBI General Counsel James Baker testified before the House Committee on October 3 and October 18, 2018.  

This was a full 7 months before Attorney General William Barr publicly brought forth John Durham and visibly appointed him to “begin” investigating SpyGate.  

🙂

https://www.lawfareblog.com/document-transcripts-jim-baker-interview-house-judiciary-and-oversight-committees

Document: Transcripts of Jim Baker Interview with House Judiciary and

Ranking Member of the House Committee on the Judiciary Doug Collins (R-Ga.) released the transcript of House Judiciary and Oversight committees’ interviews with former FBI General Counsel Jim Baker

So, 7 months before he was publicly brought out and designated as ‘the SpyGate investigator’ so he could supposedly “begin” investigating 

SpyGate…John Durham was already investigating SpyGate leaks.  

Baker and his lawyer Mr. Levin revealed Durham’s name and the fact the Justice Department was doing a federal criminal leak investigation in which James Baker was involved.  And they revealed this to the House committee in October of 2018.  

But did you know I can take you back even further than that?  

I can take you back to April of 2017.

Clinton’s Dirty Trick Haunts Democrats Before Election – UncoverDC

When the full scope of US Attorney John Durham’s investigation into the origins of the RussiaGate Hoax is finally revealed, the sheer size of it is going to shock people.

Here’s Peter Strzok and Lisa Page furiously trading text messages about “John D” in April and May of 2017.

When people tell me “Why is this taking so long! Durham’s had since May of 2019!”

I just laugh.  

You have no idea.

Durham didn’t start investigating SpyGate in May of 2019. 

He’s already started by April of 2017.  

He was already on the job running silent, running deep for 2 years before anybody even knew he was there. 

But Strzok knew. Page knew. Comey and  McCabe both knew. 

And nobody talked. 

Nobody leaked.  

I’m still kind of curious how Baker’s congressional testimony leaked in January of 2019.  I suspect somebody in the House committee leaked it.  

Just another reason you can’t trust Congress not to leak important stuff.

Both Fusion GPS and Rodney Joffe are insisting that Sussmann was their lawyer and was giving them legal advice so they are insisting that the court block Durham’s Motion To Compel the production of documents due to attorney client privilege.  

They don’t even want Judge Christopher Cooper doing an in camera review of the documents to determine for himself whether the attorney/client privilege applies.  

They are asking for him to rule that the mere assertion of a/c priv is enough to prohibit even the judge from looking at the documents. 

I don’t expect this argument to go anywhere.