Special Counsel John H. Durham just received some really, really good news.
He’s getting access to the files.
Durham, who is prosecuting former Clinton lawyer Michael Sussmann because Sussmann lied to the FBI on Hillary Clinton’s account, will receive the documents that Clinton’s team argued were protected by attorney-client privilege.
The New York Post detailed the situation earlier this week:
In court papers filed last month, Durham said the Democratic National Committee, Hillary for America, the Fusion GPS research company and the powerhouse Perkins Coie law firm — where Sussmann was formerly a partner — “have all withheld and/or redacted documents and communications” that could potentially be used against the defendant.”
Durham said they made that decision “based on an apparent theory that political opposition research and/or public relations work … falls within the legitimate scope of attorney-client privilege and work-product protections.”
“They have done so despite the fact that almost all of these materials appear to lack any connection to actual or expected litigation or the provision of legal advice,” members of Durham’s team wrote.
Durham argued that the documents were crucial to proving that certain relationships existed.
The judge agreed.
Common sense cheered.
UPDATE – Durham won the first part of the fight.
Durham's motion to compel has been granted.
"Privileged" Fusion GPS e-mails/docs will be provided to the court for in camera review.
The court will then determine whether the "privileges" apply. (Durham will get the docs.) https://t.co/sPmR8Qackg pic.twitter.com/PZTXlpVEqx
— Techno Fog (@Techno_Fog) May 4, 2022
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