Thread by @themarketswork

1) Based on Durham's new filing it seems Horowitz felt compelled to respond - perhaps because Durham's Jan 25th filing was so damaging.

"After reviewing the Special Counsel’s Office’s public filing, the DOJ Office of Inspector General (“OIG”) brought to our attention..."

2) Horowitz's response as detailed in Durham's new filing appears weak - and does not seem to be backed by much evidence.
storage.courtlistener.com/recap/gov.usco…

3) Horowitz says OIG records show that Baker's two cell phones were "likely" discussed during a call on Feb. 12, 2018.

Durham says he does not remember either this call or the discussion of Baker's cell phones.

Note: OIG did not gain possession of phones until Feb 15, 2018.

4) It's notable that OIG records do not appear to prove that Baker's cell phones were actually discussed on said conference call.

Nor does there appear to be follow-up confirmation or communication from Horowitz w/Durham that Baker's phones were physically taken possession of.

5) Nor does Durham ever appear to have asked Horowitz about the finalized acquisition of Baker's phones.

It seems difficult to accept that Durham would not continuously follow-up w/Horowitz, given that Durham had been conducting a criminal leak investigation of Baker.

6) Durham met w/Horowitz most recently in Oct & Dec 2021.

In Dec, Horowitz represented he had no further information that related to Sussmann.

Horowitz made no mention of Baker's phones at any of these meetings. Despite Baker being Sussmann's primary point of contact.

7) Moreover, although it is not 100% clear, it appears that Durham only learned in Jan. 2021 that the OIG's possession of additional cell phones that were seemingly pertinent to Durham's earlier 2017-2019 investigation of Baker.

8) Durham's filing:

"After reviewing the OIG’s records from the aforementioned criminal investigation referenced in Paragraph 3 above, the Special Counsel’s Office also recently requested and will review additional cellphones in the OIG’s possession for discoverable materials."

9) Finally, Horowitz does not appear to have addressed another fundamental issue.

Horowitz failed to disclose to Durham during his Dec 17, 2021 meeting that Sussmann’s info regarding VPN data of an “OIG employee’s computer” came from a personal meeting w/Sussmann in March 2017.

10) Notable follow-up. @Larry_Beech is correct. Events in 2018 relate to only one of Baker's cell phones.

It appears at some later point, Horowitz/OIG came into possession of 2nd Baker phone.

From filing it does not appear Horowitz disclosed 2nd phone.

https://twitter.com/Larry_Beech/status/1487495879623856128