Friday, April 1, 2022

Michael Sussmann hearing And why the Clinton Campaign will lose the fight to keep their email secret

The hearing related to Sussmann's efforts to dismiss the indictment, with the defense alleging that Sussmann's alleged lies were not material.

Interestingly, the Court also asked if the underlying information - the Alfa Bank/Trump Organization data that Sussmann provided the FBI - was "False".

There is a fight over whether some of those documents are privileged.

The Special Counsel provided one example, stating that the Clinton Campaign is putting out bogus claims of privilege over the communications of Rodney Joffe.

The Clinton Campaign was not copied on the e-mails, there might very well be a crime-fraud exception to any assertion of privilege, and because Joffe wasn't providing legal advice to Hillary.

Fusion GPS is making similar claims of privilege to keep their documents secret.

They've tried these types of abuses of "Privilege" in a civil case, and we previously discussed why those efforts were bound to fail, perhaps most notably because Fusion GPS has admitted they were doing political work not subject to privilege.

https://technofog.substack.com/p/transcript-the-michael-sussmann-hearing?token=eyJ1c2VyX2lkIjoyODUxMjc5OSwicG9zdF9pZCI6NTE0MDUzNjMsIl8iOiJ0dVNaciIsImlhdCI6MTY0ODc3NTMyNywiZXhwIjoxNjQ4Nzc4OTI3LCJpc3MiOiJwdWItMjc0NzcxIiwic3ViIjoicG9zdC1yZWFjdGlvbiJ9.2I8Qdo3SQ4TJBQd1lhvfdlOfu6QXJYdA8oY0mzL9Lqk&s=r 

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