There are 1,500 remaining documents that Fusion GPS has withheld from Durham.
This latest ruling would favor Durham's effort to get many of those remaining "privileged" documents...
(Techno_Fog)
https://technofog.substack.com/p/fusion-gps-loses-its-fight-over-privileged?s=w
Just to elaborate on this, there were two parts to the documents that Durham was asking for.
Documents numbered 2–11, 15, 16, 19–21, and 24–30, and emails totally more than 1500.
The judge ordered that the documents numbered 2–11, 15, 16, 19–21, and 24–30 are not privileged and shall be made available to Durham.
Now within Emails, Durham asked that he requires only 38 of the emails at the present time. When asked by the Judge, he responded that he will be asking for the remaining 1500 emails for other cases, but not for this.
Amongst these 38 emails, Judge ordered that 22 are not privileged and remaining 16 are considered privileged.
However, Judge has told Durham not to present the 22 emails as evidence due to what the defense has called "untimely", since it will be unfair to the defence at the "eve of the trial".
Timeline: Durham had been in negotiation with the defence up until Jan 2022. After that he ignored the emails until April and then filed the motion in April. There is a reason why he did that - there are previous blogs talking about it. It was to entrap the other parties into turning against Sussman.
I believe that Durham definitely expected these emails will not be allowed so late in the game. But the fact that he got them ruled as unprivileged and opened the door for the remaining 1500, I believe these will play a role only later.
The part that gave me a shot of hopium is: "he responded that he will be asking for the remaining 1500 emails for other cases, but not for this." Emphasis on other cases!
Me too!