A federal judge has turned down a request from Special Counsel John Durham for a ruling that a lawyer facing trial on a false statement charge was part of a wide-ranging “joint venture” involving Hillary Clinton’s presidential campaign, Democratic operatives, private investigation firm Fusion GPS and various technology researchers.
The decision issued Saturday afternoon by U.S. District Court Judge Christopher Cooper limits evidence and testimony prosecutors can offer against attorney Michael Sussmann at a jury trial set to get underway later this month.
“The Court will exercise its discretion not to engage in the kind of extensive evidentiary analysis that would be required to find that such a joint venture existed, and who may have joined it,” wrote Cooper, an appointee of former President Barack Obama. “While the Special Counsel has proffered some evidence of a collective effort to disseminate the purported link between Trump and Alfa Bank to the press and others, the contours of this venture and its participants are not entirely obvious.”
Attempting to link Sussmann to such a conspiracy — particularly when he isn’t charged with it — would “essentially amount to a second trial on a non-crime,” he said.
THIS ARTICLE IS MISLEADING! The judge asked Durham if he needed to see the 1500 pages of emails, text, docs, etc. Durham said, 'no, not for this case.' It was only a specific number of these communications he was seeking for the Sussmann trial, which will begin on May 16th.
Translation; Durham WILL seek these other emails for other trials!
My concern is why doesn't Durham have the same latitude and power as Mueller did? Remember they used the U.S. Attorney's Office for the Southern District of New York to raid Trump's lawyer Michael Cohen. This was during Trump's presidency. Stephen Ryan, Cohen's lawyer, said in a statement. "I have been advised by federal prosecutors that the New York action is, in part, a referral by the Office of Special Counsel, Robert Mueller." Ryan called the search "completely inappropriate and unnecessary" and said authorities had seized "protected attorney client communications between a lawyer and his clients." He added that Cohen had previously cooperated with government investigations, including in Congress. McClatchy reported last week that Mueller was looking into Cohen and the Trump Organization. Cohen was involved in overseas business deals, the report said.
Durham is investigating the exact same thing, but as a fraud. Why doesn't Durham have the same latitude as Mueller? The answer is obvious -- Judge Cooper is another biased Judge like Emmitt Sullivan was.
Didn't Cooper just rule they are not privileged? If the judge initially ruled in favor of Durham, why does the judge still need to review the the Fusion GPS documents to determine if they are "privileged? Why are the Fusion GPS subpoenaed documents viewed by 'court camera'? This suggests this Judge is throttling the investigation. They should have been sent to Durham carte blanche for his review.
Having read the Obama-appointed Judge's ruling, it really sounds like Sussman is going to end up not convicted of anything. This Obama appointed judge is biased.
Compare this judge to the judge's for Paul Manafort, Michael Flynn, and Roger Stone. All of them were Demwit appointed Judge's too.), it really sounds like Sussman is going to end not convicted of anything. This Obama appointed judge is biased. If we draw from the conclusion there was no Alpha Bank - Trump connection, then who fabricated this fraudulent 'evidence? Are we to believe each actor of this fraud didn't know the 'evidence' was fake? This judge is disassembling the RICO case.
Compare this judge to the judge's for Paul Manafort, Michael Flynn, and Roger Stone. All of them were Demwit appointed Judge's too.
Everything has to be done by the book. Mueller never got to the point of this kind og discovery against Trump, so just used to strong arm tactics and optics to justify his operation.
Durham has come this far in Sussman trial with just one charge of "false statement". He has made it clear that more charges will follow. His main goal at the moment is to pierce the attorney-client privilege claim, and to get all the parties to turn against each other.
Im concerned that this three build up only brought a single minor charge. Its a minor felony with a max of 4 years.
Thats not going to scare anyone in squealing. 4 years max, out in 2 on behavior. Probably at the same prison martha stewart went to. It would be a breeze. And thats the worst case scenario.
I read most of Judge Cooper's case ruling. From what I interpreted, the Judge rejected Durham's contention of a conspiracy, in which Sussman was an integral part of it.
This is scary for a number of reasons. Some people contend the judge did the right thing in separating Sussman from the other aspects of Durham's investigation. I don't agree with that assessment because it now makes Sussman only responsible for lying to the FBI. Recall that former FBI attorney Kevin Clinesmith, pleaded guilty to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application. Klinesmith was sentenced to 12 months probation and 400 hours of community service. I suspect Sussman will see something comparable. Some probation and community service.
The ruling also potentially destroys leverage to get Sussman to flip and tell all.
The same people who paint a Polly anna scenario with is Judge's decision also fail to realize the Sussman case was being used to tie Joffe and Perkins Coie law firm with a much bigger fish being Marc Elias. Here is the statement of Judge Cooper himself in the ruling.
"This dispute is framed by the parties’ competing theories of how the data came to be. In brief, the government contends that the Alfa Bank data was gathered as part of a concerted effort to collect and disseminate derogatory opposition research about Donald Trump. Participants in this purported joint undertaking, according to the government, include the Clinton Campaign; the Campaign’s General Counsel and then-partner in the Perkins Coie law firm, Marc Elias; an investigative firm retained by Mr. Elias, Fusion GPS; the defendant; Mr. Joffe; and several computer researchers working at Mr. Joffe’s direction. The government has proffered the existence of at least some circumstantial evidence connecting Mr. Sussmann to certain aspects of the data gathering effort. See Gov’t Opp’n to Def.’s Mots. in Lim. at 17–18, ECF No. 70 (promising that testimony will establish that Mr. Sussmann was aware of the “corporate sources” Case 1:21-cr-00582-CRC Document 121 Filed 05/07/22 Page 3 of 24 4 of the data and assured Researcher-2 that the data had been lawfully collected); Indictment 20, 23 (alleging that beginning in mid-August, Mr. Sussmann, Mr. Joffe, and Mr. Elias met on two different occasions and, shortly thereafter, Mr. Joffe emailed the researchers about the data); id. 24 (describing billing entries indicating that Mr. Sussmann helped draft one of the white papers that was provided to the FBI). The government contends that Mr. Sussmann’s desire to conceal this joint venture—particularly the Clinton Campaign’s involvement—supplied a motive for him to misrepresent to Mr. Baker that he was not providing the data to the FBI on behalf of any client, when he was actually representing both Mr. Joffe and the Campaign.
Unless Durham files new charges against Sussman, the leverage he sought is destroyed. To me, the order for subpoenaed documents viewed by 'court camera' is throttling Durhams's investigation. The ruling should have been the Fusion GPS subpoenaed documents being sent to Durham carte blanche for his review. Not for a Judge to review over the shoulder of a special counsel.
Shame but the Clintons are not off the hook - far worse to come.
FTA
A federal judge has turned down a request from Special Counsel John Durham for a ruling that a lawyer facing trial on a false statement charge was part of a wide-ranging “joint venture” involving Hillary Clinton’s presidential campaign, Democratic operatives, private investigation firm Fusion GPS and various technology researchers.
The decision issued Saturday afternoon by U.S. District Court Judge Christopher Cooper limits evidence and testimony prosecutors can offer against attorney Michael Sussmann at a jury trial set to get underway later this month.
“The Court will exercise its discretion not to engage in the kind of extensive evidentiary analysis that would be required to find that such a joint venture existed, and who may have joined it,” wrote Cooper, an appointee of former President Barack Obama. “While the Special Counsel has proffered some evidence of a collective effort to disseminate the purported link between Trump and Alfa Bank to the press and others, the contours of this venture and its participants are not entirely obvious.”
Attempting to link Sussmann to such a conspiracy — particularly when he isn’t charged with it — would “essentially amount to a second trial on a non-crime,” he said.
THIS ARTICLE IS MISLEADING! The judge asked Durham if he needed to see the 1500 pages of emails, text, docs, etc. Durham said, 'no, not for this case.' It was only a specific number of these communications he was seeking for the Sussmann trial, which will begin on May 16th.
Translation; Durham WILL seek these other emails for other trials!
Trial exists and jury empaneled so just need to change judges...prolly Killary gave ultimatum
My concern is why doesn't Durham have the same latitude and power as Mueller did? Remember they used the U.S. Attorney's Office for the Southern District of New York to raid Trump's lawyer Michael Cohen. This was during Trump's presidency. Stephen Ryan, Cohen's lawyer, said in a statement. "I have been advised by federal prosecutors that the New York action is, in part, a referral by the Office of Special Counsel, Robert Mueller." Ryan called the search "completely inappropriate and unnecessary" and said authorities had seized "protected attorney client communications between a lawyer and his clients." He added that Cohen had previously cooperated with government investigations, including in Congress. McClatchy reported last week that Mueller was looking into Cohen and the Trump Organization. Cohen was involved in overseas business deals, the report said.
Durham is investigating the exact same thing, but as a fraud. Why doesn't Durham have the same latitude as Mueller? The answer is obvious -- Judge Cooper is another biased Judge like Emmitt Sullivan was.
Didn't Cooper just rule they are not privileged? If the judge initially ruled in favor of Durham, why does the judge still need to review the the Fusion GPS documents to determine if they are "privileged? Why are the Fusion GPS subpoenaed documents viewed by 'court camera'? This suggests this Judge is throttling the investigation. They should have been sent to Durham carte blanche for his review.
Having read the Obama-appointed Judge's ruling, it really sounds like Sussman is going to end up not convicted of anything. This Obama appointed judge is biased.
Compare this judge to the judge's for Paul Manafort, Michael Flynn, and Roger Stone. All of them were Demwit appointed Judge's too.), it really sounds like Sussman is going to end not convicted of anything. This Obama appointed judge is biased. If we draw from the conclusion there was no Alpha Bank - Trump connection, then who fabricated this fraudulent 'evidence? Are we to believe each actor of this fraud didn't know the 'evidence' was fake? This judge is disassembling the RICO case.
Compare this judge to the judge's for Paul Manafort, Michael Flynn, and Roger Stone. All of them were Demwit appointed Judge's too.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.121.0.pdf
Everything has to be done by the book. Mueller never got to the point of this kind og discovery against Trump, so just used to strong arm tactics and optics to justify his operation.
Durham has come this far in Sussman trial with just one charge of "false statement". He has made it clear that more charges will follow. His main goal at the moment is to pierce the attorney-client privilege claim, and to get all the parties to turn against each other.
This is not even the beginning. Enjoy the show/
Im concerned that this three build up only brought a single minor charge. Its a minor felony with a max of 4 years.
Thats not going to scare anyone in squealing. 4 years max, out in 2 on behavior. Probably at the same prison martha stewart went to. It would be a breeze. And thats the worst case scenario.
I read most of Judge Cooper's case ruling. From what I interpreted, the Judge rejected Durham's contention of a conspiracy, in which Sussman was an integral part of it.
This is scary for a number of reasons. Some people contend the judge did the right thing in separating Sussman from the other aspects of Durham's investigation. I don't agree with that assessment because it now makes Sussman only responsible for lying to the FBI. Recall that former FBI attorney Kevin Clinesmith, pleaded guilty to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application. Klinesmith was sentenced to 12 months probation and 400 hours of community service. I suspect Sussman will see something comparable. Some probation and community service.
The ruling also potentially destroys leverage to get Sussman to flip and tell all.
The same people who paint a Polly anna scenario with is Judge's decision also fail to realize the Sussman case was being used to tie Joffe and Perkins Coie law firm with a much bigger fish being Marc Elias. Here is the statement of Judge Cooper himself in the ruling.
Unless Durham files new charges against Sussman, the leverage he sought is destroyed. To me, the order for subpoenaed documents viewed by 'court camera' is throttling Durhams's investigation. The ruling should have been the Fusion GPS subpoenaed documents being sent to Durham carte blanche for his review. Not for a Judge to review over the shoulder of a special counsel.
Agreed 100%. I cant say about other cases but it seems like these guys are all getting off easy.