The Hillary Clinton campaign and Democratic National Committee's claims of attorney-client privilege in the Michael Sussmann criminal case may constitute a breach of the settlement agreements they entered with the Federal Election Commission, according to a letter sent to Special Counsel John Durham's office on Friday.
Hillary for America, the DNC, tech executive Rodney Joffe, Sussmann's former law firm of Perkins and Coie, and the investigative firm Fusion GPS all filed motions last week asking the court for permission to argue against disclosing documents to the special counsel based on their claims of attorney-client privilege.
After the Hillary for America and the DNC's motions to intervene hit the Sussmann docket, The Coolidge Reagan Foundation penned a three-page letter to Durham and Assistant Special Counsel Jonathan Algor.
Foundation counsel Dan Backer added that while the memorandum is not yet public, the special counsel's office would likely be able to obtain it directly from the FEC. That memorandum also will provide Durham's team further details on the FEC's investigation and fact-finding that may be useful to the special counsel in the Sussmann litigation, noted the letter.
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.
Whether the special counsel will follow the foundation's suggestion and obtain the memorandum prepared by the FEC's Office of General Counsel before the judge in the Sussmann case rules on the Clinton campaign and the DNC's assertions of attorney-client privilege is yet to be seen.
That revelation appeared in a response brief Sussmann's attorneys filed last week, wherein the defense team noted that they had just learned that the special counsel had issued trial subpoenas to both the Clinton campaign and the DNC. According to Sussmann's legal team, the special counsel requested "The testimony of witnesses" from those political organizations "Regarding the assertion of attorney-client privilege in front of the jury."
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