A federal judge has ruled that special counsel John Durham, who is investigating the Democrats’ scheme to create and deliver disinformation to the American public about the 2016 Trump campaign, can have most of the emails involving Fusion GPS that he sought.
The company, which hired a British agent to create the “Steele Dossier” of unfounded claims about then-candidate Donald Trump, claimed the information all was protected from disclosure by attorney-client privilege.
The judge said a few were, but 22 were not, and ordered them turned over to the prosecutor who already has obtained the conviction of one former FBI lawyer and has charges pending against a former Clinton campaign lawyer for lying.
The New York Post reported Judge Christopher Cooper ruled that Fusion must turn over 22 documents – of the 38 that Durham had requested. The remaining 16 are not required to be turned over now, although that does not mean they could be required at some time in the future.
The communications mostly involve discussions among Fusion workers, and aren’t protected, according to the ruling, because they reveal Fusion agents were planning to push their findings to the press.
“Because these emails appear not to have been written in anticipation of litigation but rather as part of ordinary media-relations work, they are not entitled to attorney work-product protection,” the judge said.
The Hillary Clinton campaign claimed it hired Fusion for legal consulting related to defamation and libel during the campaign, Cooper noted.
But Cooper said, “It is clear that Fusion employees also interacted with the press as part of an affirmative media relations effort by the Clinton Campaign. That effort included pitching certain stories, providing information on background, and answering reporters’ questions.”
Democrats before and during the 2016 election created all sorts of claims about Trump, and pressed for their friends in the liberal media to publicize them – to Trump’s detriment. Evidence shows that even Barack Obama was briefed on a plot by Hillary Clinton to create – and publicize – unfounded claims of the Trump campaign’s links to Russia in order to deflect the public’s attention from her own email scandal.
At a Substack report, it was revealed the disclosures will include, “Internal Fusion GPS e-mails discussing the Alfa Bank data and e-mails circulating draft versions of the Alfa Bank white papers that were ‘ultimately provided to the press and the FBI.'”
The unfounded allegation was that the Trump campaign had a secret computer link to Alfa Bank in Russia.
The emails that Durham will not get, at least for now, include eight that are internal communications among Fusion workers, and eight that are among several Fusion executives and others.
The judge also said, “Court takes no position on the other approximately 1500 documents that Fusion GPS withheld as privileged.”
The Substack report said, “We can assume based on this ruling that the majority of those documents would not be privileged. Durham will likely get most of them.”
National Review reported that Cooper said none of the documents can be used in the trial for former Clinton campaign lawyer Michael Sussmann, which starts Monday, because the dispute was too close to the court hearing.
However, they are not likely to be pertinent to the case, which charges that Sussmann lied to the FBI by claiming he was bringing dirt to the agency about Trump on his own – when he actually was representing the Clinton campaign.
The report said, “Sussmann told the Bureau’s general counsel, James Baker, that he was not working on behalf of any client when he came forward with alleged evidence of collusion between the Trump organization and the Russian Alfa bank, according to a text message between the two obtained by Durham and revealed in an earlier filing. But time logs from his law firm, also obtained by Durham, show that he was in fact being paid by Hillary Clinton’s presidential campaign at the time.”
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