9/ LOL
Me two weeks ago:
Special Counsel's Office Today:
...wait for it...
10/ You knew it was coming . . .
11/ Next portion of brief argues it is premature to decide materiality now b/c that is typically a jury question. Durham's team then notes that all of Sussmann's case law involved challenges to materiality after case presented at trial or even post-conviction.
12/ Durham's team then distinguishes all of that case law before noting that even under Sussmann's argument the lie impacted decision to open investigate:
13/ Yup. As I said...visualize GIF
14/ As I also said, if this was "part of job" and norm, why are they using Sussmann to go to FBI instead of the tech folks or Joffe doing directly!
15/ This point about Joffe using Sussmann to go to FBI/CIA applies equally to him using Sussmann to go to DOJ IG. WHY? And there Sussmann said on behal of an anon client? WHY? You'd want DOJ IG to know it was someone w/ connections who was reliable, wouldn't you?
22/ In sum, Motion to Dismiss will be denied. This response not only devastated Sussmann's brief but also exposed the Sussmann Cheering Squard that launched the "no materaility" chant in unison when the indictment broke as clowns. I'm looking at you @lawfareblog
23/ Other than that, nothing knew BUT this "among the Internet data" reminds me that there was more targetted. It came up in another filing or media piece but can't remember what that was so I'll have to dig that up.
24/24 And the stressing that Joffe went to FBI before so why not know I think shows the DOJ IG is more significant than I thought. ...and I thought it was pretty big....digging more there. END
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THREAD: I am absolutely THRILLED the @WSJ is now digging into the details of the Alfa Bank data sharing here. h/t @McAdooGordon. Authors @ByronTau@dnvolz hit several key points that I reported on earlier but also missed several leads. 1/ wsj.com/articles/durha…
2/ They report on emails from GA Tech Right to Know (which I believe I was first reporter to obtain), but miss some of details elaborated on here in piece w/ assist by @Techno_Fogthefederalist.com/2021/11/17/ema…
3/ For those interested in the actual emails showing timing of the contract with DARPA.
THREAD re Joffe's Deposition h/t @FOOL_NELSON@RyanM58699717 1/ While Joffe's claims at time of deposition he expects investigation will be over in a few weeks, apparently they said the same thing several months ago.
2/ Joffe refused to be interviewed and has not testified before the grand jury.
3/ And asked to interview him about a year ago. (the dep is from 2/11.
10/ And what is most striking to me is how the "guardians of the internet" wanted to sell their story when they owned it in Slate & The New Yorker. WHY was that so different than how Durham put it in indictment?
11/11 I emailed one of big-wigs at Ops-Trust and got no response. And lawyers for Joffe, Tea Leaves, & Georgia Tech researchers ignored my requests for comment. So I guess we will have to wait to parse @charlie_savage spin & clean-up.
THREAD: Interesting (and potentially huge) discovery from Durham filings. Today's piece provides the details. Here are highlights. 1/ @FDRLSTthefederalist.com/2022/02/23/let…
2/ Durham's discussion of origins of Alfa Bank hoax and data mining differ significant from Slate's original discussion of how the tech folks discovered Trump's supposed secret communication network with the Russian bank. AND differs significantly from how The New Yorker told it
3/ The New Yorker's story was in 2018 and "Max" i.e. Joffe was the source. If you re-read Slate & The New Yorker & compare to what Durham said, the versions differ greatly.
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.
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.