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The Clinton Campaign is About to Lose Its Privilege Fight

As part of the prosecution of Hillary lawyer, Michael Sussmann, Special Counsel, John Durham has requested the following documents:

  1. Documents involving Fusion GPS’s provision of opposition research and media-related strategies to Hillary for America, the DNC, and Perkins Coie. This includes the Fusion GPS/Perkins Coie contract and 38 e-mails and attachments between and among Fusion GPS, Rodney Joffe, and Perkins Coie.
  2. Communications between Fusion GPS and Rodney Joffe relating to the Alfa Bank allegations, and “other emails that precede, and appear to relate to, those communications.” This include emails between Joffe and Laura Seago, whom Durham has subpoenaed as a trial witness.

The Clinton Campaign (including Robby Mook and John Podesta), Fusion GPS, Perkins Coie, Rodney Joffe, and the DNC have been fighting to keep these documents hidden by asserting that Fusion GPS was working solely as advisors to Perkins Coie, the law firm representing Hillary Clinton and the DNC. However, Glenn Simpson wrote in his book that Marc Elias approached him to do opposition research. This is bolstered by the fact that Fusion was feeding these alleged results to the media.

Special Counsel Durham addressed those arguments. he provided the court with documents from the FEC, whose findings ruled that the DNC and Hillary for America violated the law by hiding the true purpose behind the hiring of Fusion GPS.

In support, he provided the First (link) and Second (link) General Counsel Reports, which recommended that the Federal Election Commission find the DNC and Hillary for America violated election laws (52 USC 30104(b)(5)(A)). They listed the payee as Perkins Coie, even though ther money was actually going to Fusion GPS.

Here are examples that prove the intention hidden violations of the law:

  • Fusion GPS invoices reflected the work was not “legal advice” or related to legal concerns.

  • The FEC report matched Fusion GPS invoices to the amounts paid to its “sub vendors” (including Nellie Ohr). It concluded: “there is no evidence that Fusion provided services other than this opposition research.”

Michael Sussmann’s trial is slated to begin on May 16th but may be delayed depending on when these documents are made available.

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