John Durham hasn’t gotten all of the evidence he needs because both the Hillary Clinton campaign and the DNC are withholding nearly 1,500 documents, claiming attorney-client privilege.
But Durham is fighting to get access to these documents in court, as Johnathan Turley explains:
Special Counsel John Durham is fighting to get access to evidence related to his prosecution of former Clinton campaign lawyer Michael Sussmann. The documents are being withheld by the Clinton campaign, the Democratic National Committee (DNC), Fusion GPS, and Perkins Coie. There are 1,455 withheld documents, but only 18 reportedly involved a lawyer. However, they are arguing that their “lawyer acquaintances” shields their communications from disclosure to the Special Counsel.
Durham told the court that these sources (and tech executive Rodney Joffe) have refused to turn over documents as protected by attorney-client or work product privilege. Durham can use the crime/fraud exception to compel disclosure but he is first asking the court to review the documents in camera.
Attorney-client privilege is generally raised by clients but can be raised in some circumstances by third parties under some circumstances. However, the exchange must be “for the purpose of obtaining legal advice from the lawyer.” Likewise, the work product doctrine protects documents that were “prepared in anticipation of litigation or for trial” by third parties on behalf of the client.
What is interesting about this fight is that the Clinton campaign is accused of using Perkins Coie and both Sussmann and Elias to conceal its secret campaign to push the Russian collusion story. The FEC recently fined the Democratic National Committee and Hillary Clinton’s 2016 campaign for violating election rules in hiding that funding as legal costs.
Now the campaign and Perkins Coie are using attorney-client privilege to withhold evidence in a case where the former partner is accused of using his status of counsel to conceal information from the government.
Those documents could shed new light on the efforts, and individuals, involved in this effort by the Clinton campaign to secretly fund and spread the Russian collusion story.
The filing not only raises serious questions about the professional position of Perkins Coie and its former counsel. It also raises questions about the position of journalists cooperating in this effort. One such reporter is depicted as eagerly pursuing any allegations against Trump despite the lack of proof of authenticity. In one exchange, a figure at Fusion GPS tells the reporter “do the [expletive] [Alfa Bank] secret comms story. It’s hugely important.”
Many did in reporting on the Steele Dossier and Alfa Bank allegations despite the lack of proof. After all, running these claims was “hugely important” and there was no reason worry: Fusion GPS and the Clinton Campaign have a lot of “lawyer acquaintances.”
I think there’s only one main reason why they are withholding these documents from Durham, because they will further incriminate both Hillary Clinton and the DNC for pushing this hoax and trying to use the FBI and CIA to go after Trump.
Hopefully the judge will review these documents ‘in camera’, meaning in private, and rule in favor of Durham.
By the way, the judge in this case appears to be Judge Christopher Cooper, who was appointed by Obama in 2014.