THREAD: Lots of filings hit in Sussmann. Check this out. Was this on Baker's phone the OIG didn't share with Durham until someone else mentioned it?
2/ This provides another great example of the big circle hug the Clinton Campaign used, feeding media and FBI same fake story, and then media uses FBI to give story credibility and FBI uses media to give its investigation credibility.
3/ I think this is first time, Durham spoke of the motive here, but that will be key at trial for the jury to "get" it.
4/ Interesting!!
5/ See how DC law is on this point--doesn't have to be illegal conspiracy--so Durham doesn't have to prove they other members committed a crime to get it admitted.
6/ Imagine that--Elias can't recall.
7/ WHOA: The CEO??
8/ Interesting to see the Clinton Campaign folks "connected"
9/ Not sure if we knew this or not?
10/ Yup, again State Department is front and center.
11/ Interesting re Researcher #2:
12/ Curious if Sussmann told Baker that the three "differrent" white papers were by folks all working together?
13/ WHOA. So who was working with April who was killing herself and needs some positive encouragement?
14/ I still don't know how to read this:
15/ Yup! That's why even those not criminally culpable are morally culpable.. See also yesterday's article. thefederalist.com/2022/04/04/the…
16/ "Plausibility." Yup, great standard for cyber security experts to want to have sold to American people of a conspiracy against a political enemy!
17/ Dang. I wish Research 1 was still oblivious that his communications via Ga Tech email were subject to FOIA.
18/ So is Dagon suggesting the data collection violated Trump's privacy rights (absent criminal conduct which therre was none?)
19/ "Where people nee to make a decision how to vote." Yup, that's precisely what this was about. Shame on them.
20/ Holy Sh!T:
21/ Who's the conspiracy theorists again?
22/ So, Durham's team doesn't need to say the data is fake--they need only say there were serious doubts & that explains motive or the lie. AND that also connects to materiality. That was wise move b/c you don't jury thinking it matters is true or false for issue on trial.
23/ Was this in the white paper Researcher 1 reviewed?
23/ These are three pieces of 404(b) evidence Durham seeks to admit. 404(b) evidence is evience of other bad acts, crimes, etc. You can't present that evidence to say "once a drug dealer, always a drug dealer," but you can to show motive, intent or other things.
24/ Argument that statement to CIA is admissible because it fits this scenario.
25/ Also shows intent:
26/ Durham wants to also make sure Sussmann doesn't spin as a political witchhunt
27/ And citing Stone case here:
28/ Media conveniently ignores this about Durham:
29/ Yes, Clinton Campaign knew exactly what was going on!
30/ KNEE DEEP:
31/ Again, the gov't believes white papers are false but wisely isn't making that an issue.
32/ I'm confused that Sussmann's attorneys would pen this line given the text message...
33/ So we now know who's notes they were for sure.
34/ This ties in perfectly with my article yesterday. They didn't ask b/c they worked with cyber security folks all the time and trusted them
35/ Imagine that, Sussmann's friend didn't remember what he said
36/ Sussmann wants cases tossed unless Joffe given immunity...
37/ So more details here re the investigation re Joffe:
38/ This will be very interesting when Government responds to these arguments!
39/ Who did they/will they grant immunity to?
40/ Durham trying to get Joffe to cooperate.
40/ So this is what they want Joffe to testify to. Durham hasn't claimed Clinton retained him. All of this seems silly given text Sussmann sent to Durham, which was NOT mentione in indictment, leading me to think it was only discovered on phone OIG had belatedly shared!!
41/ Ha. Sussmann's attorney cite Trump v. Clinton as basis to argue evidence is merely a political hit.
42/ Again this goes to yesterday's article on trust in cyber security experts and the breadth of information they have.
43/ Expert data on this point--in context makes sense...to show motive.
44/ So could "motive" be shown if Sussmann didn't know? Does Durham have evidence that Sussmann knew? OR is it relevant b/c Sussmann allegedly said contacts wanted to remain anon. to show WHY they did?
45/ Wait! @McAdooGordon is that the reasonable inference? That Durham "seeks to call Steele"?
46/ And as @McAdooGordon highlighested soon after the indictment dropped....
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🚨🚨🚨BREAKING: Trump Administration pounds SCOTUS in new filing asking court to lift administrative injunction entered for non-parties in the Alien Enemies Act case. h/t @gvincentamore 1/
3/ You'll recall this is case where SCOTUS entered a midnight injunction barring Trump from removing any members of a "putative class" of tDa members. "Putative class" means there was NEVER a class action lawsuit "certified"--it was a wanna-be class action.
🚨🚨🚨HUGE development in Alien Enemies Act case that SCOTUS entered a stay for an entire class that had not been certified. District judge now denies class certification. 1/
3/ This decision is first case where court denied class certification. Additionally, now that the court has denied class certification, it changes status quo of case before SCOTUS.
🚨New filing in Boasberg Alien Enemies Act case. Amazing this must be said! 1/
2/ That excerpt was from a Declaration filed by Trump Administration in support of its Response in Opposition to New Motion for a Preliminary Injunction. This Response is interesting as it is first effort by Trump Administration to explain whether it is in constructive control
🚨🚨🚨BREAKING: Federal district court enters first merits ruling on Alien Enemies Act habeas case. On question of class certification: Court punts on whether class cert. under Rule 23 is available & considers if All Writs Act provides analog, i.e. another way to do a class. 1/
2/ Court holds "yes," so treating it as a class action which allows ACLU to represent all terrorists Trump seeks to remove under Alien Enemies act whether they ask to challenge removal or not!
3/ Note: This remains limited to the jurisdiction of the d.ct. though, so ACLU still seems to need to file "class actions" in all 94 districts...well it would need to if SCOTUS hadn't entered a stay in a non-case with non-plaintiffs already!
🚨Folks, I'm seeing A LOT of what I believe is misreporting regarding an order entered yesterday by Judge Thurston. Her ACTUAL order appears to be consistent with federal law: 1/
2/ So she is NOT saying they can't arrest without a warrant and it should be easy to prove "flight risk" on an individual basis...in fact that's precisely what ICE requires, which prompted Trump Administration to argue case was moot.
3/ So bottom line the ACTUAL order is merely what law requires & policy states, although the "comply with law" injunctions are disfavored. And entering an injunction requiring following of a policy NOT constitutionally required is problematic. That policy concerns documentation