Judge holds Emergency Hearing at the request of Defendant Sussman -updated

Why? Because Sussman’s arguments center around Durham’s conduct. And if any of the allegations are true —then Durham should be fired and referred to his State Bar. You can’t play dirty as a prosecutor

Apologies I took yesterday April 19, 2022 off …mainly because my work day lasted until 10PM and I was mentally exhausted. And the thought of spending multiple hours reading the five plus filings —wasn’t exactly top of mind. The only reason I’m publishing an article today is the 10AM virtual depo was a “no show” —so after I fired off a communication to opposing counsel, I suddenly found I had a few hours of free-ish time. See me canz multi-taskz too

However before we dive into the Privilege Tsunami. I would highly recommend that you read my most recent articles on Durham & Sussman, which are embedded below (and trust me on this, READ Sussman’s RESPONSE by MICHAEL A. SUSSMANN re 64 MOTION to Compel Production of Documents for In Camera Review (see ECF or my Scribd) because the 3rd party privilege isn’t exactly optional. And in Sussman’s response he tick-tocks through a litany of questionable prosecutorial behavior…

• April 18, 2022 —Defendant Sussman Opposition to Special Counsel Durham’s 11th hour “whatcha talkin’ ‘bout 3rd party attorney client privilege…Willis”

• April 18, 2022 — Judge denies Defendant Sussman’s Motion to Dismiss Indictment. BUT there’s oh so much more

On April 19, 2022 —the Court issued the following minute order —keep in mind the Court originally ordered Oral Arguments to April 27, 2022 —it is possible I’m wrong (but I don’t think I am) that the allegations detailed in Sussman’s response might have been the catalyst to expedite the hearing…and move it to today..

MINUTE ORDER: At the request of the defense, and with no objection from the government, the Court will hear expedited argument on the Defendant's 60 Motion in Limine to Preclude Evidence and 66 Motion to Exclude the Government's Proposed Expert Witness Testimony on April 20, 2022, at 10 A.M. by videoconference. In advance of the hearing, the parties shall submit to chambers the three "white papers" the defendant provided to the FBI during the defendant's September 19, 2016, meeting with the former FBI General Counsel.

…the 3rd party privilege holders -HRC for President, Fusion GPS and PERKINS COIE LLC —here we go—

I need to further explain why on April 18, 2022 I was (at times) yelling —Attorney Client Privilege and Work Product Doctrine are one of the foundations of our legal system. Privilege can not be invoked by a person/entity that does not own “the privilege” moreover prosecutors are prohibited from using the Grand Jury to unlawfully and unethically obtained previously (adjudicate) privilege documents. Durham’s “in Camera view” Motion was akin to all the red lights blinking… because if I say “hey this is important” than 99.99% it actually is -below are the filings by the actual “privilege holders” and let me tell you -if I could have been a fly on the wall for this morning’s hearing —I would have been but alas I was otherwise preoccupied by a virtual depo…

Before you read the following filings, understand that each party had to file a motion seeking leave from the Court to Intervene —and if not admitted into the DC Bar —those parties attorneys also needed to file a notice of appearance and if necessary a Motion for Leave to Appear Pro Hac Vice. These are pursuant to the Federal Rules of Criminal Procedure and separately evidence. It’s also effectively an SOP —so I’m not going to embed those documents (sheesh last quarter my ECF bill was >$289 ←and that’s my personal account (don’t worry I’m not launching a grift to pay for those cost -snort—because weird I actually have the discretionary income and I don’t need my readers to cover those cost -double snort) —I mean I did warn you that a refreshed Filey means the spicy is at 8%… to be clear the issue here concerns Durham’s Motion to Compel and In Camera review of aforesaid documents ¹

• Doc # 73: MOTION to Intervene by TECH EXECUTIVE-1 as to MICHAEL A. SUSSMANN. "Leave To File GRANTED". Signed by Judge Christopher R. Cooper on 4/19/2022. —see ECF or see Scribd

• Doc # 78 MOTION to Intervene by FUSION GPS as to MICHAEL A. SUSSMANN. "Leave To File Granted". Signed by Judge Christopher R. Cooper on 4/19/2022 -see ECF or see Scribd

  

• Doc # 82 - MOTION to Intervene by PERKINS COIE LLP as to MICHAEL A. SUSSMANN. "Leave To File Granted". Signed by Judge Christopher R. Cooper on 4/19/2022 -see ECF or see Scribd

• • Miscellaneous Relief via ECF

  • Declaration and Exhibits via ECF

• Exhibit A - NON-PARTY PERKINS COIE LLP’S RESPONSE TO GOVERNMENT’S MOTION TO COMPEL THE PRODUCTION OF PURPORTED PRIVILEGED COMMUNICATIONS FOR IN CAMERA INSPECTION BY THE COURT via ECF

• Declaration and Exhibits -see ECF

• Doc # 86 -MOTION to Intervene by HILLARY FOR AMERICA as to MICHAEL A. SUSSMANN. "Leave To File Granted". Signed by Judge Christopher R. Cooper on 4/19/2022. -see ECF

  • Declaration of John Podesta via ECF

  • Declaration of Robert Mook via ECF

  • Redacted Declaration of Marc Elias via ECF or via Scribd (side note I don’t like the reference to Trump & Obama and “birtherism” but intellectually I understand why it’s being used as a Foundation to the current legal situation)

If you trust me —then I highly recommend you read the redacted Declaration of Marc Elias —why? Well context and content are not mutually exclusive. In the redacted declaration he is speaking in his capacity as the General Counsel for HFA and the DNC and that’s important because this establishes a potential pivot for Defendant Sussman —again Sussman wasn’t not responsible for the data collection, data analysis and or any informed conclusion. Yet Special Counsel Durham’s Motion (see footnote below for filings) to Compel and request the Court for an In Camera view of 38 documents (many of which have attachments and many of which did not include Sussman) —Durham has an obligation to seek relief from the Chief Justice during the pendency of the Grand Jury— he failed to do so. And inexplicably over a year later he used a different Grand Jury subpoena(s) to unethically and unlawfully obtain un-redacted copies of the internal communications of: Fusion GPS, Hillary for America, Fusion GPS and Perkins Coie

…this is why I have tried to provide you with the various Federal Rules of Criminal Procedure and Federal Rules of Evidence —there was nothing pretextual about me providing those links. Okay well maybe just a little because on April 15, 2022 even I knew that things were going very poorly for Durham and all the recent filings suggested that Durham may have violated the law and rules of procedure. And if Sussman could actually prove Durham’s unethical conduct then that might bolster his Motion to Dismiss the Indictment or at a minimum keep the 3rd party holders privilege in tact. See there’s usually a method to my madness

Now what?

Again I’m purposefully publishing this while the emergency (expedited) hearing is still occurring —sadly I didn’t save the video conference log in information to today’s hearing and a preliminary search of twitter suggest that most do not know that there’s an expedited hearing…

…and absolutely NOT -I’m not going to pontificate what the determinative outcome of this morning’s expedited hearing will be. Largely because I don’t want my personal views to seep into the body of facts I’m trying to help navigate you through… so for now, we just have to wait and see how/what the Court will rule. Again I want Sussman to have a fair and impartial trial. Conversely the seriousness of the allegations in Sussman’s April 18, 2022 regarding Durham are exceedingly problematic and that’s likely why the Court moved the 27th oral arguments to today’s expedited hearing…

And lastly your daily dose of saltwater therapy —the golden hour is one of my favorite times of the day —here’s why:

file411_dc

A post shared by File411 (@file411_dc)

And yes of course, if my schedule permits or there’s a breaking update —I’ll do my level best to report that in a timely and thorough manner.

Be Well -

Filey

Update April 20, 2022 12:10PM DC local time

Look I’ve been critical of Marcy but in the absence of my ability to listen to the hearing -I would recommend you read her thread, she does a decent job of transcribing the hearing (in near real time) as of now the Court ordered the 3rd party intervenors to formally submit their response to the Court by Monday April 25, 2022 and that means that particular matter will be fully briefed and then the Court can rule on Doc # 64 Motion to Compell

emptywheel @emptywheel

The Sussmann hearing is finally getting started. Call in info -- remember no recording -- is: Cooper, Christopher R. Toll Free Number: 888-204-5984 Access Code: 8981531

Because it’s important that you understand how we go to today’s expedited hearing and why Durham’s Motion to Compel (Doc # 64) should be viewed as a Trojan Horse for yet another widely inappropriate fishing expedition…

…respectfully moves this Court to compel certain third parties to produce to the Court for in camera review certain communications which are currently being withheld from production and the Government’s trial evidence based on asserted attorney-client privilege and work product protections…. privilege logs and other non-privileged materials produced to the Government to date raise questions concerning the validity, scope, and extent of the privilege assertions being made here. While the Government necessarily lacks complete information and therefore has drawn no final conclusions in this regard, the Government respectfully submits that it is appropriate for the Court to conduct an in camera review of certain limited documents in order to resolve these issues and ensure that only legitimately privileged and/or attorney work product-protected communications and testimony be withheld from the otherwise admissible evidence and testimony that is presented to the jury at trial. (Emphasis Added)

…and if the Court rules in favor for Durham —that would only further enable and widen the scope of his obvious politically motivated witch hunt. It’s important to remember that all defendants are afforded the right to a fair and impartial trial. And most importantly all defendants are innocent until proven guilty…the fact is Durham’s quest to essentially undo Robert Mueller’s work —in a futile attempt to “exonerate Trump” means Durham is in fact depriving Defendant Sussman’s constitutional rights… so I’d keep on eye on this case. I’d expect by midweek next week we will all know a lot more…

1. April 6, 2022 - Doc # 64 MOTION to Compel Production of Documents for In Camera Review by USA as to MICHAEL A. SUSSMANN (see ECF for Doc 64 thru 64-3)

• Motion to Compel (23 pages) https://ecf.dcd.uscourts.gov/doc1/04519152460

  • Doc # 64-1 EXHIBIT A (1 page) https://ecf.dcd.uscourts.gov/doc1/04519152461

  • Doc # 64-2 EXHIBIT B (14 pages) https://ecf.dcd.uscourts.gov/doc1/04519152462

  • Doc # 64-4 EXHIBIT C (6 pages) https://ecf.dcd.uscourts.gov/doc1/04519152463