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Special counsel John Durham has reportedly subpoenaed members of Hillary Clinton’s 2016 presidential campaign and the Democrat National Committee to testify in the trial of former Clinton campaign attorney Michael Sussmann.
This was revealed in a court filing submitted by Sussman’s attorneys on Friday.
“[O]n April 19, 2022, the Special Counsel issued trial subpoenas to the Clinton Campaign and the Democratic National Committee, and explained that the Special Counsel was requesting the testimony of witnesses regarding the assertion of attorney-client privilege in front of the jury,” the filing reads.
Sussmann was a Perkins Coie lawyer who, while working for Clinton’s 2016 campaign, allegedly colluded with a “tech executive” at an “Internet company” to intercept and access former President Donald Trump’s internet traffic data.
After obtaining dirt on Trump, Sussmann then forwarded the dirt to the FBI, claiming at the time that he was merely acting as a “good citizen” versus working for someone. Last September, a federal grand jury indicted him over this alleged lie.
As previously reported, Durham has been attempting to prove that Sussmann’s actions were part of a “joint venture or conspiracy” involving Clinton’s campaign.
— Bo Snerdley (@BoSnerdley) April 6, 2022
To do so, he requested access to the Clinton campaign’s legal and research activity, but the campaign has reportedly been fighting back.
“Clinton’s campaign, the DNC, the opposition research firm Fusion GPS, and the Perkins Coie law firm are fighting Durham’s efforts to compel the submission of withheld documents, arguing their claims of attorney-client privilege should keep the records concealed,” according to the Washington Examiner.
“In sworn statements, top Clinton officials John Podesta, Robby Mook and Marc Elias maintain that work Fusion GPS did for the Clinton campaign could be considered part of legal work — and should be protected under attorney-client privilege,” according to CNN.
“They just don’t want the truth to come out.” – @RepAndyBiggsAZ reacts to the Clinton Campaign’s attempts to claim “Attorney-Client privilege” in #JohnDurham case against Michael Sussmann.#JustTheNewsNotNoise @AmandaHead https://t.co/DjFIN6Vpld pic.twitter.com/157bJEJyjW
— John Solomon (@jsolomonReports) April 21, 2022
Fusion GPS is the shady organization that was hired by Perkins Coie to dig up additional information about Trump. It was this group that in turn recruited disgraced former British spy Christopher Steele to piece together the infamous Steele dossier.
Fusion GPS “was not primarily providing or supporting expertise relating to legal advice; instead, it appears that the investigative firm’s primary, if not sole, function was to generate opposition research materials that the firm then shared widely,” Durham reportedly said earlier this month.
The problem with the attorney-client privilege argument made by the Clinton campaign, the DNC, Fusion GPS and Perkins Coie is that Durham now has evidence that all four parties participated in meetings with Sussmann — and not just any meetings, but meetings about how to smear Trump.
“Meeting to agree on the express goal of a joint venture is precisely what happened here, on more than one occasion,” Durham announced in a court filing Saturday.
“The parties agreed to conduct work in the hope that it would benefit the Clinton Campaign, namely, gathering and disseminating purportedly derogatory data regarding Trump and his associates’ internet activities,” the filing reportedly reads.
“The evidence will show that as a result of these conversations and during this same time period, Tech Executive-1 did exactly that: he tasked employees from multiple Internet companies and a university working under a pending national security contract to mine and gather vast amounts of internet metadata in order to support an ‘inference’ and ‘narrative’ tying the candidate to Russia.”
Here’s the key: Every meeting featured Clinton’s rep, Sussman, and thus every meeting was “billed to the Clinton Campaign,” according to Durham.
— Conservative News (@BIZPACReview) February 13, 2022
Sussmann’s attorneys are not pleased with Durham’s efforts to expose everything.
“The Special Counsel continues to overreach: he seeks to admit evidence that the law squarely forbids, he seeks to prove unduly prejudicial allegations he has not charged, and he seeks to prove conduct that is utterly irrelevant to the one discrete crime he has charged,” they complained in Friday’s filing.
They also accused Durham of seeking to prevent their client “from introducing relevant — indeed essential — exculpatory evidence in the form of testimony from his former client, [Tech Executive-1].”
The special counsel responded in his Saturday filing.
“The goal of the joint venture could not have been more clear: it was to gather and disseminate derogatory non-public information regarding the internet activities of a political candidate and his associate. And that venture was far from collateral to the charged crime,” the filing reads.
“Indeed, the above-described joint venture was the very project that led Tech Executive-1 to rely upon the defendant’s services; the very project that gave rise to the Russian Bank-1 allegations; the very project that prompted agents of the Clinton Campaign to meet with Tech Executive-1; and the very project that caused the defendant to meet with the FBI General Counsel and lie to him about the clients who were behind all of this work.”
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