Durham Wins Fight to Get Some Hillary Clinton, Fusion GPS Documents

Lock her up.

Durham Wins Fight to Get Some Hillary Clinton, Fusion GPS Documents

By: Joel Pollak4 May 2022

Special Counsel John H. Durham won a victory Wednesday when a federal judge in Washington, DC, agreed to compel the production of documents that Hillary Clinton’s presidential campaign said were protected by attorney-client privilege.

Durham is prosecuting former Clinton lawyer Michael Sussmann for lying to the FBI when he claimed to be acting as a private citizen in providing false information purporting to link then-candidate Donald Trump to the Russian government via Alfa Bank.

As the New York Post noted earlier in the week:

In court papers filed last month, Durham said the Democratic National Committee, Hillary for America, the Fusion GPS research company and the powerhouse Perkins Coie law firm — where Sussmann was formerly a partner — “have all withheld and/or redacted documents and communications” that could potentially be used against the defendant.”

Durham said they made that decision “based on an apparent theory that political opposition research and/or public relations work … falls within the legitimate scope of attorney-client privilege and work-product protections.”

“They have done so despite the fact that almost all of these materials appear to lack any connection to actual or expected litigation or the provision of legal advice,” members of Durham’s team wrote.

In that motion, Durham argued that the documents he sought were crucial to demonstrating the relationship between Sussmann and others, even if the substance of the documents were to be redacted.

On Wednesday, a federal judge agreed, according to legal blogger Techno_Fog:

UPDATE – Durham won the first part of the fight.

Durham's motion to compel has been granted.

"Privileged" Fusion GPS e-mails/docs will be provided to the court for in camera review.

The court will then determine whether the "privileges" apply. (Durham will get the docs.) https://t.co/sPmR8Qackg pic.twitter.com/PZTXlpVEqx

— Techno Fog (@Techno_Fog) May 4, 2022

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