Sussmann’s attempt to completely dismiss the case centered on the argument that even if he had lied, it wouldn’t have been material to the FBI’s probe of Trump. That was eventually denied after Durham demolished it. Another filing by the prosecution claims that Sussmann submitted invoices to the Clinton campaign as part of a collaborative effort to spread lies to the FBI regarding Trump.
Now, Hillary for America is attempting to assert privilege over digital communications that Durham intends to use as evidence. Marc Elias, allegedly on behalf of the Clinton election campaign, retained Fusion GPS, which claims the same thing.
The absurd claim that Fusion GPS, which spent years leading the research and media handling around various Trump-Russia conspiracies, was simply providing “law services” is a joke. Everything we know about the operation indicates otherwise. As the preceding quotation demonstrates, Elias has already acknowledged that he hired Fusion GPS to do a political investigation into Trump. It’s disingenuous for these different parties to claim that this was all about legal counsel now.
However, it appears that Hillary for America and Fusion GPS believe they’ve discovered a loophole to prevent Durham from submitting the information as evidence. The question is whether the judge will accept the arguments put forward by Hillary’s henchmen. Given how far Durham has come thus far, I’m doubtful this ruse will work, and you can bet he’ll have a well-prepared response to these statements.
Furthermore, isn’t this an admission that Sussmann was being compensated by the Clinton campaign (via proxies)? If the connection between Hillary for America, Fusion GPS, and Perkins Coie is said to be shielded by attorney-client privilege, it implies that Sussmann lied when he claimed he wasn’t working for any client at the time. Obviously, making that case in court is a lot more difficult than writing it down here, but it’s still interesting.
We’ll have to see what happens next, but I’m still of the opinion that if Durham hadn’t covered all his bases, he wouldn’t have brought this charge. He’s nothing if not meticulous, and there’s no way he’d jeopardize his special counsel by wasting time on a dead end as a career prosecutor with an excellent track record. Hillary and her accomplices will keep trying to outmaneuver him, but I expect Durham will stay one step ahead.