A judge ruled that John Durham’s team may review two dozen emails improperly withheld following Clinton campaign claims of attorney-client privilege — but the special counsel cannot use the records at next week’s trial.
Sussmann was indicted on charges of concealing his clients, the Clinton campaign and tech executive Rodney Joffe, from FBI general counsel James Baker when he pushed eventually debunked claims of a secret back channel between the Trump Organization and Russia’s Alfa-Bank.
He said the 22 improperly withheld emails “mostly involve internal communications among Fusion GPS employees.” He directed Fusion to provide Durham with the documents by Monday. The judge said Durham served his first subpoena on Fusion in March 2021 and that this privilege motion wasn’t made until April 2022. Cooper said he “generally agrees with the defense that the government waited too long to compel production of the withheld emails.”
The 38 emails and attachments were among 1,500 documents Fusion withheld from Durham following grand jury subpoenas. “The Court has no reason to question Mr. Elias’s declaration that Perkins Coie retained Fusion to assist in his provision of legal advice to the Clinton Campaign, or that one aspect of his advice to the campaign was assessing the risk of potential defamation claims resulting from its public statements,” the judge said, but “it is clear that Fusion employees also interacted with the press as part of an affirmative media relations effort by the Clinton Campaign.
Fusion co-founders Glenn Simpson and Peter Fritsch wrote in their 2019 book that they met with Elias in April 2016.Earlier this month, the judge quoted an email Fritsch sent to a reporter in October 2016 in which he said to “do the f****** Alfa bank secret comms story."
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