We don't have a transcript yet from the Durham/Sussmann hearing yesterday but we do have a news report from an attendee. Can't verify the accuracy of the quotes until we get the transcript but I noticed a few interesting things.
#ButNothingsHappening
washingtonexaminer.com/news/justice/d…
As I mentioned yesterday, Durham is only asking for 38 of the 1500 documents that are being withheld under attorney client privilege.
The judge asked if they were going to ask for more if he gave them the 38 documents, SCO's Algor answered "not for this trial"!!!
The SCO then told the judge that "Your Honor's decision is important for the investigation" which means these documents & many more will be used for future indictments & trials.
The judge is stating that doing oppo research is not doing fact-checking for a legal case...
So he seems pre-disposed to not accept these novel assertions of attorney client privilege put forth by Hillary For America, the DNC & Rodney Joffe.
Sussmann's lawyer recognizes the genius of Durham's prosecution of an attorney for lying about his client's involvement. It exposes privilege to investigation & the court.
Claiming if the judge looks at the 38, it might allow Durham to get 1000s of documents.
Yes, yes it would!
But by brining the single lying to the FBI charge instead of charging the entire conspiracy at once, Durham gave the judge a reasonable decision regarding 1 witness to a key meeting & the data production. 4-8 of the 38 documents involve Seago too.
The judge is convinced that there is no grounds for withholding documents & emails related to media strategy by claiming that they are legal advice.
I think it is likely that the judge will appoint a Special Master to review all the privileged communications after reading the 38.
Why yes, Durham is suggesting that "Mr. Elias's sworn statements are not be be believed,"
Claiming it is inappropriate for Durham to suggest that Elias lied to the judge about the documents having valid privilege.
The judge noted Elias's claim that oppo research is fact checking
It is not going to help Mr. Elias that the judge is implying that Durham is correct that his claims of privilege are suspect.
Might even result in some ethics referrals from the judge for claiming the documents were privileged....
Or it will force Elias to turn on Sussmann, Joffe, & Fusion GPS by claiming he was not aware of the actions they were taking for oppo research. I don't think anyone will believe him unless he has the #receipts...
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