BREAKING: Sussmann's files motion to bar government's expert witness.
2/ (Not on courtlistener yet so no link to share.) Note what they don't say: They don't say that Sussmann didn't know that the experts had concerns or thought it could fool all but DNS experts.
3/ Argument in general:
4/ Interesting point re what evidence Durham might present. Does go to motive.
5/ Sussmann acknowleges it goes to state of mind and intent and also says he has no intent to offer evidence regarding such data.
6/ LOL Durham's expert isn't really and expert because he doesn't understand DNS data...exactly the type of expert Sussmann's gang aimed to trick!
7/ Sussmann again acknowledges if he had reason to doubt the accuracy it would be relevant to his state of mind, but claims "no evidence" he did....which is kinda strange if the reason Sussmann, as an attorney, allegedly hire Fusion, was to help understand and thus advise Clinton
8/ on legal risk re defamation, etc. So, you'd think before publishing it to a third party, he'd ask the source of concerns...unless Fusion wasn't assisting in giving legal advice but instea was just doing straight op-research.
9/ So main legal argument to keep expert out is: 1) irrelevant (yes, unless Sussmann makes an issues); 2) untimely. No set rule on untimeliness & given 6 weeks and speed & no continuences yet, I'd say, no not untimely; 3) expert isn't an expert on DNS (possible basis depending
10/10 what expert is to testify on (but that would only be in response to Sussmann presenting evidence it was accurate); 4) failed to give enough detail on opinion of expert. If I were government, I'd supplement w/ more detail, but not sure how that sorts out.
It's on courtlistener now: courtlistener.com/docket/6039058…
Continuing re Gov't Notice: This puts Sussmann in corner. If he claims he shared out of national security concern, that implies it is authentic. And then gov't pounces. Not it isn't that it "was" fabricated--but the "possibility." Possible > Plausible amirite? 1/
2/
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