This week, Special Counsel Durham won a major victory as a federal judge in DC, ordered the production of legal papers that Hillary Clinton’s election campaign team said were privileged attorney-client communication.
Durham is going after former Clinton team attorney Michael Sussmann for falsely claiming to be a private citizen when he offered false information alleging that then-candidate Trump was linked to the Russian regime through Alfa Bank.
As the NY Post said earlier in the week:
“In court documents filed in April, Durham claimed the DNC, the Fusion GPS research firm, Hillary for America, and the Perkins Coie law firm — which is where Sussmann was previously a partner — ‘have all kept and/or redacted legal documents and certain communications that may be used against him.”
“According to Durham, the firm made that choice on the basis of an apparent belief that political opposition research or public relations work…falls inside the appropriate scope of lawyer-client privilege and work-product safeguards.”
“They have done this, despite the fact that virtually all of these documents appear to lack any relation to litigation or legal advise,” members of the Durham team wrote.
In his motion, Durham claimed that the papers he wanted were essential to show the connection between Sussmann and others, regardless of whether the substance of the documents was deleted.
This week, a federal judge gave the go-ahead. The paperwork will now be sent to the court, which will conduct an in-camera review of them before deciding if they need to be given to the prosecution and possibly used as evidence during the trial, which is expected to begin later this month.
According to the Washington Examiner, only 38 of 1,500 papers over which the plaintiffs and their co-conspirators have claimed privilege will be reviewed by the court. Others might be introduced in future proceedings, according to the prosecution.
The judge stated that while some of the Fusion GPS work was legal, opposition research did not qualify, therefore part of the documents would have to be reviewed.
In a trial that is expected to last four weeks, five people associated with Hillary Clinton are anticipated to take the Fifth Amendment against self-incrimination. Prosecutors have charged that a “conspiracy” happened to create the idea that Trump collaborated with Russia.