Thread by @DempseyTwo

Do you guys remember the Horowitz Report? It was the investigation done into “FISA abuses.” It was like the John Durham investigation before the John Durham📌 investigation.

It is really important for us to understand its findings. justice.gov/storage/120919…

https://twitter.com/DempseyTwo/status/1290746175897899018

You may remember, then chairman of the Senate Judiciary Committee Lindsey Graham, leaned heavily on the Horowitz Report. He used it as a tool to beat up Andrew McCabe. Curiously though, he never called Horowitz in to testify about his report.🤷🏼‍♂️

https://twitter.com/DempseyTwo/status/1350868529466191878

But Joe, why bring this up now? Because John Durham who was tasked by Bill Barr to invest the investigators has just indicted someone for lying about a server being used as a communications channel in trump tower to Russia.

A lot to take in there. Here is the indictment of Michael Sussman who is being charged with lying to the FBI. Same charge Michael Flynn was pardoned for btw. But this indictment really sort of falls short of proving Sussman mislead FBI, rather it👇🏻

https://twitter.com/DempseyTwo/status/1438646872067948551

The ‘lie’ was about whether or not Sussman said there was a server in trump tower while he was billing hours through his law firm Perkins Coie for Hillary Clinton. Similar to FISA ‘abuse’ findings, this would not have been enough to stop FBI from investigating trump.

This isn’t over. It would seem Durham has now opened the door to more investigations into this server topic. Sussman will be entitled to bring forward his case and what he found via discovery. There are other cases regarding this too. krebsonsecurity.com/wp-content/upl…

If you read that link, one thing in there I found especially interesting was Alfa’s use of a law firm called Kirkland and Ellis.👇🏻

https://twitter.com/DempseyTwo/status/1323280188474609677

📌John Durham was named special counsel to investigate origins of the Mueller report. He has now been investigating that longer than Mueller investigated, and reported his findings including 10 credible instances of Obstruction of Justice.All Durham has is a handful of nothing.

Durham was appointed special counsel by Bill Barr, who came from Kirkland and Ellis, to investigate a server in a Russian bank who was represented by Kirkland and Ellis? Oh, and John Durham’s boss was Ben Benczkowski from…do you want to guess…yep, Kirkland and Ellis.

Benczkowski might sound familiar to you because he was named Assistant Attorney General in charge of the Criminal Division but had no trial experience. courant.com/news/connectic…

This is all just very strange and awfully coincidental. But then I remembered that everything the GOP and trumpists say is projection. They went after a Perkins Coie law firm employee because they rep’d HRC. Should we be asking questions about Kirkland Ellis?

.@maddow did a story on Sept 15th on this and had @BarbMcQuade on for color. I feel like this is a definite watch this space moment.
END

@ZevShalev @JoyAnnReid @glennkirschner2 @tribelaw @lauferlaw @Heidi_Cuda

Just one last thing…do you remember, a mere week ago, we were made aware of a 6 point plan to overthrow the government? You may know it as the Eastman Memo. Do you want to know which law firm Eastman used to work for way back in the day? Say it with me kids…Kirkland Ellis.

https://twitter.com/DempseyTwo/status/1441029774835523592

Now we learn this? If Durham cherry picked phrases from this email in order to get an indictment against Sussman, how is this not misleading the court? How is this different from what they argued were FISA abuses? Which is where this all started anyway? This Indictment is sus.

https://twitter.com/charlie_savage/status/1443624763054858240

Now adding Sussman’s motion to produce a bill of particulars. This document is legalese for the indictment is sus. Essentially, Sussman argues 5 different ways Durham’s indictment is garbage. I like the lack of materiality, and 27 pages of irrelevance. s3.documentcloud.org/documents/2107…

I also liked the part about Sussman asking Durham to produce the names of the agents from Agency-2. Durham argues that not only was Sussman’s ‘lie’ made to FBI but another govt agency. But Sussman wasn’t charged with lying to that agency in the indictment.

Further, this makes you wonder who else Sussman spoke with because remember the whole point of what this is about is alerting the feds that there WAS A SERVER IN trump TOWER COMMUNICATING WITH ALFABANK!

Which tells us the FBI was not the only government agency investigating this Alfabank server.

- Let’s just take an editorial moment to reflect on how large this investigation is and what it may ultimately reveal. The size, scope and depth of it all is near incomprehensible. -

Sussman told the FBI, but who else? The CIA, NSA, DIA? Which other three letter group was also in the need to know that Sussman would have reached out? Perhaps the answer to that is under a black line in Volume 5 of the Senate Intel report somewhere. I’d look around pg 806.

https://twitter.com/DempseyTwo/status/1301244496546594818

So far, this indictment looks to be one of Durham himself. This is like a throw something against the wall and *make* it stick effort.
Sussman’s defense team has provided a very well reason argument that could well embarrass Durham. Think of why the Bill of Particulars is needed.

Sussman’s attys asked for this information from Durham, but Durham refused to give it to them *forcing* Sussman’s team to file this motion in the court to begin with. Why wouldn’t Durham just give up the details? He sort of has to. Is this indictment just a bluff? Coverup?

What is Durham hiding that he is now in a position where the court is going to force him to tell Sussman more ‘evidence’. What if he can’t produce it because it is all garbage? What does that do to his credibility? This is the defense playing offense here and it is fascinating.