DawsonSField Profile picture
May 5 10 tweets 4 min read
We don't have a transcript yet from the Durham/Sussmann hearing yesterday but we do have a news report from an attendee. Can't verify the accuracy of the quotes until we get the transcript but I noticed a few interesting things.
#ButNothingsHappening
washingtonexaminer.com/news/justice/d…
As I mentioned yesterday, Durham is only asking for 38 of the 1500 documents that are being withheld under attorney client privilege.
The judge asked if they were going to ask for more if he gave them the 38 documents, SCO's Algor answered "not for this trial"!!!
The SCO then told the judge that "Your Honor's decision is important for the investigation" which means these documents & many more will be used for future indictments & trials.
The judge is stating that doing oppo research is not doing fact-checking for a legal case...
So he seems pre-disposed to not accept these novel assertions of attorney client privilege put forth by Hillary For America, the DNC & Rodney Joffe.
Sussmann's lawyer recognizes the genius of Durham's prosecution of an attorney for lying about his client's involvement. It exposes privilege to investigation & the court.
Claiming if the judge looks at the 38, it might allow Durham to get 1000s of documents.
Yes, yes it would!
But by brining the single lying to the FBI charge instead of charging the entire conspiracy at once, Durham gave the judge a reasonable decision regarding 1 witness to a key meeting & the data production. 4-8 of the 38 documents involve Seago too.
The judge is convinced that there is no grounds for withholding documents & emails related to media strategy by claiming that they are legal advice.
I think it is likely that the judge will appoint a Special Master to review all the privileged communications after reading the 38.
Why yes, Durham is suggesting that "Mr. Elias's sworn statements are not be be believed,"
Claiming it is inappropriate for Durham to suggest that Elias lied to the judge about the documents having valid privilege.
The judge noted Elias's claim that oppo research is fact checking
It is not going to help Mr. Elias that the judge is implying that Durham is correct that his claims of privilege are suspect.
Might even result in some ethics referrals from the judge for claiming the documents were privileged....
Or it will force Elias to turn on Sussmann, Joffe, & Fusion GPS by claiming he was not aware of the actions they were taking for oppo research. I don't think anyone will believe him unless he has the #receipts...

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More from @DawsonSField

May 4
Kaboom!

Durham's strategy has worked!

The judge has ruled that he will review the 38 documents & emails that the DNC, Hillary For America, Rodney Joffe & their lawyers claim are attorney client privileged information!

Can't wait!
#ButNothingsHappening
The judge had already approved Durham's motion to compell Fusion GPS's Laura Seago to testify (with use immunity) at the trial. So in regards to Joffe's 4 emails with Seago copying Sussmann, he's likely decided to negate ACP for those emails before hearing
They have stopped teleconference access to the hearings in DC cases as the courts are open. So we will have to wait on the transcripts.
But if you want to know the grounds Durham used to ask for this ruling, I have a thread on it here.

Read 6 tweets
May 3
Looks like the judge has ordered Fusion GPS's tech maven Laura Seago to testify at trial. Her testimony is allegedly attorney client privileged under the claims by the DNC, FHA & Joffe.

Can't wait to read why Durham convinced the judge to order her testimony! Image
The Motion to Compell Laura Sleago's testimony was filed ex-parte & under seal between these documents on 4/18/22 & 4/19/22.
Ex-parte means that the govt. submitted it for the judge's view without the defense being able to read the document under seal. Image
A few more documents here that aren't visible yet too... Image
Read 6 tweets
May 3
Durham's a genius!

He got Hillary for America, DNC, Perkins Coie, Fusion GPS, & Rodney Joffe to claim attorney client privilege. 'Forcing' Durham to file FEC rulings documenting the payments to Fusion GPS were illegal under election laws!

#ButNothingsHappening
Durham officially notifying he judge that while they are all claiming this is legal consulting, the DNC & HFA agreed to pay fines for improperly reporting the money sent to Fusion GPS by claiming it was for "legal & compliance reporting".
Had they realized that Durham was going to try & pierce attorney client privilege, it is very likely that they would not have agreed to the FEC settlement in December & signed it in February!
Read 20 tweets
Apr 26
Joffe's attorneys have refiled his opposition to the judge privately viewing 4 of his emails to Fusion GPS, as requested by Durham.
Not sure if anything changed between the 2 versions, I didn't go through this 1 until now.
Found something very interesting.
courtlistener.com/docket/6039058…
Joffe is claiming privilege over 4 emails he exchanged with Laura Seago, the tech mavel of Fusion GPS.
Durham is also asking the court to resolve it as he intends to give her immunity in exchange for testifying about her allegedly privileged communications with Joffe & Sussmann.
So if the judge rules the emails are not privileged, then Seago can testify against Joffe & Sussmann at trial about those emails & any other communications.
How important became more clear with yesterday's ruling by the judge on admitting FBI expert testimony about DNS data.
Read 11 tweets
Apr 26
Special Counsel Durham filing a seal document as Exhibit A to support his motions to pierce attorney-client privilege!
Can't wait until the judge responds!
courtlistener.com/docket/6039058…
But it looks like it isn't sealed!
I guess we get to read the information today!

So the court clerks keep making errors in this cases filings & unless the judge denied the request to file under seal & had it filed in the open.
storage.courtlistener.com/recap/gov.usco…
But I will focus on the motion first, before diving into the emails in the document that were supposed to be under seal.
storage.courtlistener.com/recap/gov.usco… Image
Read 32 tweets
Apr 25
A former owner of an NFL franchise was helping folks shuffle money through crypto exchanges? Interesting...
Is American football going to prove to be just another corrupt network like global futball leagues & teams?
#ButNothingsHappening
Looks like he moved $750M in money through Crypto Capital & used millions in those accounts as his collateral as he bought into the Alliance of American Football a rival start up league against the NFL...
Helping collapse the league...
Looks like the feds started seizing his money in late 2018 or early 2019. Wonder who he flipped on to get his plea deal?
Read 4 tweets

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