THREAD. Thanks to @Techno_Fog I have confirmed that Joffe was terminated as an informant in 2021 for cause. Why is this key? Because that means Joffe was still an informant in 2017 when he had Sussmann go to the OIG as opposed to his handler. Sussmann's defense 1/
2/ argued that Joffe gained nothing by having Sussmann share Alfa Bank data with FBI, to argue Sussmann wasn't representing him. The jury, of course, doesn't get to hear that Sussmann bragged about being lined up for a job with the Clinton campaign, so they might by argument.
3/ But problem remains, if Joffe gained nothing by having Sussmann share Alfa Bank data with FBI, then why would Sussmann than share Alfa Bank & Yota phone data for Joffe with CIA (Clinton campaign was no longer involved at that time)? He obviously "gained" something b/c he did.
4/ In fact, Sussmann told CIA contact if a high-up at CIA didn't take data his client would go to the New York Times. That also conflicts with Sussmann's claim that he wanted to help FBI by giving warning re press. The press was a hammer.
5/ And Sussmann claimed Joffe didn't want Sussmann to take to FBI b/c he didn't trust FBI & because he thought FBI discounted b/c Sussmann's connection to Clinton. But Joffe WAS still an informant at that time, so take to handler.
6/ Then, even more "strange" is Joffe having Sussmann take "intel" to DOJ Office of Inspector general in March 2017 NOT telling IG client's name. (DOJ IG office later withheld evidence on this from Durham's team). thefederalist.com/2022/01/31/spe… But
7/ now knowing Joffe was still an informant until 2017, having SUSSMANN take the intel to OIG unanimously instead of Joffe taking to his handler makes NO SENSE. How did Joffe benefit? Unless, goal for Joffe was to bolster Sussmann's "credibility" for purposes of the FBI & CIA
8/ tips. End of day, however, Sussmann's claim that Joffe didn't benefit by Sussmann taking intel to FBI doesn't hold water b/c Joffe also had Sussmann take intel to CIA & DOJ IG office instead of handler. He had a reason even if we don't know it.
9/9 Will Durham be able to tell the jury about these facts? Court already ruled CIA meeting can come in, but will these points be made? We'll see.
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See internal threads for more details, but I am jaw-dropped appalled by what court did: Joffe hired Sussmann for "legal advise". Joffe later communicated with Fusion GPS Laura Seago about Alfa Bank stuff, but Joffe didn't retain Fusion GPS & Sussmann didn't for Joffe. 1/
2/ Rather, Clinton Campaign hired Perkins Coie that hired Fusion GPS which employed Seago. Yet, court said Joffe's communications with Seago were protected b/c Joffe claimed communications at issue was to obtain [Fusion’s] assistance in cybersecurity and technical matters
3/ to allow Mr. Sussmann to provide [Mr. Joffe]
competent, informed legal advice.” But Seago was not working for Joffe or "for Sussmann on behalf of Joffee" but was working for the Clinton Campaign. UNLESS there was "joint defense" of "common interest" that communication
THREAD: Breaking. Sussmann judge enters order on privilege emails. Bottom line: 1/
2/ Re first category of internal conversations of Fusion employee: Court recognizes workproduct protects, even if opposition research, if used to give legal advise, but here more was going on:
3/ Same analysis for A-C privilege where court says more was going on:
THREAD: Breaking. Sussmann seeks to exclude government expert.
Motion not on courtlistener yet but Exhibit A is available here. courtlistener.com/docket/6039058…
2/ Sussmann's complaint is that expert is going to far by actually explaining “the type of conclusions that can be drawn from analyzing the kind of data Sussmann shared with the FBI" w/ detail showing problems w/ DNS data b/c that calls into question the reports.
3/ But there is a distinct difference b/w explaining what conclusions CANNOT be drawn from DNS data and calling into question Sussmann's data. Will the court agree though?
THREAD. BREAKING: Proposed jury instructions filed. Reading now, but expecting "materiality" to be the biggest disagreement...we'll see shortly. storage.courtlistener.com/recap/gov.usco…
2/ LOL. Denied.
3/ I mean they could just open instead that this trial is about Orange Man Bad.