2/ ICYMI I addressed the request to strike @FDRLSTthefederalist.com/2022/02/17/spe… today and note that the standard doesn't seem met b/c no prejudice--voir dire can take care of that.
3/ Durham's team makes that point here while also noting that it didn't file in bad faith etc.
4/ The "big" news, though, is that the government is going to file Motion in Limines to have the court pre-judge the admission of some evidence before trial and plans to do so on the public record! YES!
5/ Durham's team, though, adds a point that was brilliant: It gave the court assurances that where privacy issues are in play it will file under seal. This paragraph is key for a few reasons.
6/ First, it is Durham saying look, these are the only things that should not be made public, witness names, national security, etc., In other words, very limited and relatedly, by speaking of pointing out the right to public access, it is Durham reminding court that Sussmann
7/ isn't the only one with an interest in the info not being published--the public have a valid interest too.
8/8 So bring on those Motions in Limine!!
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BREAKING: Michael Sussmann's attorneys file Motion to Dismiss.
2/ This was to be expected. More later as about to do a hit on election integrity.
3/ Just finished quick read, lawsplainer will be forthcoming but in short: This motion seeks dismissal by arguing the facts alleged in the indictment EVEN IF TRUE do not state a crime. In other words, Sussmann did not commit a crime by lying to FBI 's Baker.
OMgosh: "What merits coverage?" Compare Mueller Special Counsel with Durham re coverage.
2/ LOL: "Old news." Yup, just as I said: Sussmann-friendly folks fed a cleaned up version of the story the same "journalist" who wrote this clean up piece, back in September to get a head of the news. So now it is "old news."
3/ Of course, I only realized that after Durham's filing hit and we doing some research and came across Savage's previous pro bono defense work.
THREADETEE: PSA As Sussmann-friendly media tries to tell you that Durham's Friday motion was a nothingburger, you need only read @FDRLST detailed analysis of the filing, which Sussmann's legal team impliedly acquiesed in its correctness. 1/
THREAD. One of my followers asked me about this noting it seemed reasonable. It does seem reasonable but other than making a couple correct points is wacked. Yes, there was no "hacking" in what we consider hacking, at least not that we know of yet. And yes Joffe had access 1/
2/ to data. But that's where the reasonableness ends. The govt' has access to alot of things & that doesn't mean they can use it for whatever. And Joffee having legal access to that data also didn't give him the right to do whatever. And we KNOW Joffe's maintainance w/ servers
3/ wasn't for him to try to connect Russia phones to Trump b/c if it was then his company would be the one meeting with the CIA and not his personal lawyer to pass on the "intel."