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April 29, 2022

Look for a detailed update tomorrow on John Durham’s special counsel investigation and the Michael Sussmann trial. In the meantime, here’s a piece of not entirely unexpected news: The presiding judge, Christopher Cooper, has ruled Hillary’s tweet, which says that “Donald Trump has a secret was set up to communicate privately with a Putin-tied Russian bank.,” and a follow-up tweet linking to a four-paragraph missive from her campaign, are inadmissible as evidence.

The judge excluded this as “hearsay” and said it’s “likely duplicative of other evidence” related to demonstrating the attorney-client relationship. Recall that Sussmann faces one charge of lying to the FBI about that attorney-client relationship; specifically, whether or not it was the reason for his visit.

As Jerry Dunleavy at the Washington Examiner explains, “The special counsel argued the tweet is not inadmissible hearsay “because it is not being offered for its truth ---emphasizing that the prosecutors actually believe its claims were false.” In other words, if they were actually trying to prove the Alfa Bank scheme was true, Hillary’s tweet about that would be inadmissible hearsay. But they want to use the tweet to help prove something else: the attorney-client relationship between Hillary For America and Michael Sussmann.

But the defense still claimed that the tweet “plainly is being offered for the truth” by prosecutors. As I’ve reminded my readers many times, I’m not a lawyer, but for the life of me, I can’t see how that makes sense. Durham knows the tweet is false, and do we all at this point.

Oh, and pardon our cynicism, but we laughed out loud at the transparent attempt to protect Hillary that was made by Sussmann’s team: “There is a real danger that if the tweet were admitted, the jury would believe that Hillary Clinton herself was part of the Special Counsel’s uncharged conspiracy and that she had a direct interest or involvement in Mr. Sussmann’s efforts. Drawing the candidate herself into this matter in this way would be unfair to Mr. Sussmann.”

Get my smelling salts! Lawd, lawd, we wouldn’t want anyone having the impression that HILLARY was involved. Still, the judge, an Obama appointee with a stack of rather shocking Democrat connections and conflicts of interest, bought the defense’s “hearsay” argument.

But now, for the good stuff. I’ll have more at length about it later, but for now, read the account at ZeroHedge of what has just been revealed in this case by the sight of some documents that didn’t quite remain under seal when they got attached to another legal filing of Durham’s. While much of the material pertaining to this case has been seen in heavily redacted form, this story includes links to some unredacted communications that show how extensively Fusion GPS co-founders Glenn Simpson and Peter Frietsch peddled the Trump Russia hoax. They coordinated with multiple journalists, producers and media outlets to get that story out. They were on a mission to spread what they knew to be fake anti-Trump garbage far and wide, and now we have a better idea of their phenomenal dedication.

TechnoFog examines some of these communications and shows how they blow a hole in the defense’s attorney-client privilege argument, as they have nothing to do with obtaining legal advice. Even if they did, or if lawyers were copied (they weren’t), this little army of hoaxers lost their “privilege” when these messages went out to the media.

Tomorrow we’ll have a report on Wednesday’s federal court appearance by Durham’s team and Sussmann’s defense team. The trial is scheduled to start May 16.

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