In our May 9 report on the judge’s latest rulings in the Michael Sussmann trial, we mentioned the following:
“On the downside, this judge doesn’t want to bring in evidence of the ‘joint venture’ among Sussmann, Joffe and the Clinton campaign to smear Trump with the Alfa Bank story, because Sussmann hasn’t been charged with conspiracy. The judge said he doesn’t want to ‘confuse the jury’ and ‘distract from the issues at hand.’”
At the time, we didn’t buy his excuse—I mean, reason. And sure enough, it’s this ruling that has Margot Cleveland concerned about how politics might be playing a part with this judge, Obama appointee U.S. District Judge Christopher Cooper. This judge, she said, “let politics trump the law.” Though she finds his “baseline” to be apolitical, mostly even-handed, sometimes he veers from that. We, too, notice that this happens when the facts at issue tend to get too ‘warm’ –- that is, too close to Hillary and her campaign.
Durham had argued that various emails, even if they were hearsay, were still admissible under the “co-conspirator statement” exception to the hearsay rule. But to rule in Durham’s favor, the judge would essentially be acknowledging that Hillary For America was a co-conspirator.
As Cleveland explains this, a “conspiracy” isn’t necessarily criminal, and that this is why Durham is giving it the more benign term “joint venture. But to make an exception to the hearsay rule, the judge would have to find that “a preponderance of the evidence” supported a conspiracy or joint venture.
Judge Cooper balked at this. He said that for a variety of reasons, his court was exercising “its discretion not to engage of the kind of extensive evidentiary analysis that would be required to find that such a joint venture existed, and who may have joined it.”
Cleveland explains why, given the witnesses from Georgia Tech who are slated to testify at the trial, there would be no need for an “extensive evidentiary analysis.” Durham’s office had even suggested in their brief that the judge could “preliminarily admit hearsay statements of co-conspirators, subject to connection through proof of conspiracy.” In other words, just wait and issue the ruling during the trial. She thinks the evidence of the joint venture is overwhelming, “easily satisfying the preponderance of evidence test.
She says Judge Cooper’s unwillingness to do this suggests politics at work. He’s not touching the issue of whether the Clinton campaign had conspired to peddle the Alfa Bank hoax. He’s even questioning the whole “joint venture” theory, saying the “contours” of it and its participants are “not entirely obvious.” Cleveland senses that this case “is political to its core,” just like the entire Russia Hoax.
I forgot my magic mind-reading cap today, but it sure looks as though this judge is protecting the Democrats, and, specifically, Hillary Clinton, the queen mother of scandal.
The Washington Times got the same impression.
A while back, we reported on the stunning conflicts of interest this judge has, including the fact that his wife, Amy Jeffress, has represented one of the people most closely involved with the Russia Hoax, Lisa Page. We thought then, how does this judge get this case? How can this judge NOT be political?