John Durham Springs His Trap After ‘Hillary for America’ Walks Right Into It – IOTW Report

John Durham Springs His Trap After ‘Hillary for America’ Walks Right Into It

h/t Joe6pak

Red State: Last Tuesday, RedState reported on two desperate filings put forth by Hillary for America and Fusion GPS. They attempted to assert attorney-client privilege over materials that John Durham’s prosecution of Michael Sussmann is seeking to get its hands on.

That left the obvious question open, though. How could Sussmann both simultaneously assert that he was acting on his own accord and not being paid by the Hillary campaign while at the same time having Hillary for America and Fusion GPS assert attorney-client privilege over their communications?

Here’s what I wrote at the time.

Besides, isn’t this an admission that Sussmann was being paid by the Clinton campaign (via proxies)? If the information between Fusion GPS, Hillary for America, and Perkins Coie (Sussmann’s employer) is supposedly covered under attorney-client privilege, that would logically mean Sussmann was lying when he said he wasn’t working for any client at the time. Obviously, making that case in court is a fair bit more difficult than typing it out here, but still, it’s illuminating.

To further complicate matters, Hillary for America entered into an agreement with the FEC to settle violations that expresses the opposite viewpoint they are now trying to argue before the judge in the Sussmann case. The Federalist’s Margot Cleveland explains in her write-up about a letter sent to Durham that pointed out that conflict.

In Friday’s letter, Backer also highlighted Hillary for America and the DNC’s commitment in their settlement agreement with the FEC to “not further contest the Commission’s finding of probable cause to believe” that the political organizations had “falsely reported their payments through Perkins Coie to Fusion GPS as being for legal services.” In contrast, in the Sussmann case, Hillary for America and the DNC “are nevertheless asserting materials generated by Fusion GPS and provided to Perkins Coie are protected by attorney-client privilege and work-product doctrine,” the letter stressed.

“The Government should not permit HFA and the DNC to adopt conflicting positions in different proceedings, depending on the federal agency against which they are litigating,” the foundation’s letter concluded, suggesting the trial court may find those breaches of the settlement agreement “material in ruling on any privilege claims.”

Do you see the issue? In one case, Hillary for America is saying: “Oh, Sussmann was just giving us legal services.” In another case, on the exact same payments, they are admitting: “Oh, Sussmann was not actually being paid for legal services.” You would think the judge overseeing Durham’s prosecution wouldn’t find that tactic very cute. more

25 Comments on John Durham Springs His Trap After ‘Hillary for America’ Walks Right Into It

  1. They are tripping over their own words and all of those emails they never thought would see the light of day after President Elect Hillary Rodham Clinton was inaugurated. This might get so big that it can’t be swept under the throw rug. One of them is going to start singing like a canary on speed.

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  2. Marco
    APRIL 26, 2022 AT 5:23 PM
    “One of them is going to start singing like a canary on speed.”

    If anyone does, they will suddenly come down with a bad case of suicide before they get two words out.

    It’s very sad. I can’t be investigated while I’m in mourning.

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  3. Zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
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  4. Bombshell! Snore… wake me when some fat is in the fire and measuring for orange jumpsuits starts. Until then, thanks for the info but… snore. Uh… Hunter? Hunter, is that you? Oh, wait, another elite level scumbag getting away with… whatever.

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  5. “…that would logically mean Sussmann was lying when he said he wasn’t working for any client at the time. Obviously, making that case in court is a fair bit more difficult than typing it …”

    they didn’t seem to have any difficulty in convicting Gen. Flynn when he ‘talked’ with the fbi.
    precedent set there
    put them in a pillory on the National Mall. I might go hiking this weekend and will probably have a few baggies to toss at them.

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  6. “To further complicate matters, Hillary for America entered into an agreement with the FEC to settle violations that expresses the opposite viewpoint they are now trying to argue before the judge in the Sussmann case.”

    Considering that the Obama Care bill was allowed to originate in the Senate because it was not a tax, but the IRS was allowed to collect the penalties because it was a tax, I don’t see what the issue is.

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  7. I have a suggestion. It seems like 70 % of the readers here have given up. Thrown in the towel. Ready to climb on those box cars. Here’s my suggestion. After your name, type “I Quit”. That way the rest of us know and you don’t need to type loser bull shit.

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  8. You’ve hit the nail on the head Brad! Too many on our side are fully satisfied to sit back and complain about how hopeless our situation is. Hell, did we quit when the Germans bombed Pearl Harbor! No way! All kidding aside, we can’t give up, and we can’t let these TRAITOROUS BASTARDS think we are falling over! The war isn’t over until we say it’s over!

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  9. Never give up!
    Flynn only caved because they’re were taking on his family as well and going broke.
    I don’t think he’s giving up and maybe part of their worst nightmare yet to come.

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  10. @ joe6pak April 26, 2022 at 11:27 pm

    > The war isn’t over until we say it’s over!

    The war, for you, was over the moment you agreed to “fight” by The Rules(TM) (subject to change without notice) of those that call you “enemy”.

    Now, ReeEEee! And lick the pedestal.

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