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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The press (legacy and new) and the investing public seem to have no idea what the Obama Administration launched in the Consolidated Audit Trail and what current SEC is currently doing--computer searches of OUR private data without any basis! @NCLAlegal 1/
2/ I'm frankly shocked that more civil libertarians aren't screaming about this! And now SEC is trying to delay Plaintiffs' day in court! Details here: nclalegal.org/feds-are-steal…
I'm working on a piece tomorrow to counter all the spin on the courts refusing to issue arrest warrant against Don Lemon in first instance as somehow vindicating him. BUT I think it merits stressing WHY DOJ sought arrest warrant that way first. 1/
2/2 DOJ feared there would be widespread copycat assaults in places of worship the following weekend unless it moved quickly to show public such behavior was illegal and would be prosecuted.
THREAD: Yesterday @EdWhelanEPPC defended Judge Schlitz for not recusing in ICE cases even though he is publicly listed as a donor to Immigrant Law Center of Minnesota. @HarmeetKDhillon called him out. 1/
2/ Ed quoted from a section of the Compendium § 4.2-3(g)), a federal appellate judge shared with him that stated: “A judge may contribute financially to legal service associations that provide counsel for the poor. A judge need not recuse merely because lawyers who accept appointments by such associations are also counsel of record in cases before that judge.”
3/ @HarmeetKDhillon correctly pointed out that language is out-of-context & cherry picked & ignores other canons. Before explaining, let me provide some background so you can judge the analysis. For at least 6 (possibly 8) years, my federal appellate judge tasked me as sole
2/ Jordan lays out at high level all efforts to "get Trump" that has been going on for 10 years. Beginning with Clinton and Steele dossier, and Comey, and impeachment one, impeachment two, Bragg, and Fani Willis.
3/ Jordan notes how Smith brought on same people who ran raid at Mar-a-Lago and Jan. 7. And how Smith ignore procedures, gagged Trump, filed a 165 motion 33 days before the election.