Margot Cleveland Profile picture
Senior Legal Correspondent @FDRLST, Of Counsel @NCLALegal, ~25 yrs 7thCir law clerk, former full-time univ. faculty, Catholic conservative, wife to DH/mom to DS

Mar 4, 2022, 24 tweets

THEAD But also this: Reviewing now.

2/ It is up at courtlistener too: storage.courtlistener.com/recap/gov.usco…

3/ Snicker:

4/ For non-lawyers this is the standard:

5/ Bam. Or as I said at the time:

7/ And this:

8/ And most simply this:

9/ LOL
Me two weeks ago:
Special Counsel's Office Today:
...wait for it...

10/ You knew it was coming . . .

11/ Next portion of brief argues it is premature to decide materiality now b/c that is typically a jury question. Durham's team then notes that all of Sussmann's case law involved challenges to materiality after case presented at trial or even post-conviction.

12/ Durham's team then distinguishes all of that case law before noting that even under Sussmann's argument the lie impacted decision to open investigate:

13/ Yup. As I said...visualize GIF

14/ As I also said, if this was "part of job" and norm, why are they using Sussmann to go to FBI instead of the tech folks or Joffe doing directly!

15/ This point about Joffe using Sussmann to go to FBI/CIA applies equally to him using Sussmann to go to DOJ IG. WHY? And there Sussmann said on behal of an anon client? WHY? You'd want DOJ IG to know it was someone w/ connections who was reliable, wouldn't you?

16/ If you aren't up on the IG angle, read her: thefederalist.com/2022/01/31/spe…

17/ Great point here:

18/ Pass the popcorn please..

19/ No, this isn't overreach Durham explain:

20/ And yes, the comparison to an ex i absurd!

21/ This should leave a mark:

22/ In sum, Motion to Dismiss will be denied. This response not only devastated Sussmann's brief but also exposed the Sussmann Cheering Squard that launched the "no materaility" chant in unison when the indictment broke as clowns. I'm looking at you @lawfareblog

23/ Other than that, nothing knew BUT this "among the Internet data" reminds me that there was more targetted. It came up in another filing or media piece but can't remember what that was so I'll have to dig that up.

24/24 And the stressing that Joffe went to FBI before so why not know I think shows the DOJ IG is more significant than I thought. ...and I thought it was pretty big....digging more there. END

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