
Scene-Setter for the Sussmann Trial, Part One: The Elements of the Offense
To get a conviction of Michael Sussmann in the trial started next week, John Durham has to prove that Sussmann said what Durham claims Sussmann did to James Baker on September 19, 2016, that what Sussmann said was a lie, and that the alleged lie was material to the functioning of the FBI. That'll be harder than you might think.

Members of Congress Subpoena Members of Congress
The January 6 Committee has decided to subpoena five of their colleagues.

John Durham's Pyrrhic Privilege Victory
As I predicted might happen, John Durham has gotten a subset of the Fusion GPS emails he suspected weren't privileged, but he can't use them in Michael Sussmann's trial, which starts next week.

Thirty Months after Disputing Michael Horowitz, Durham's Team Suggests They've Never Looked at the Evidence
John Durham seems to have admitted that when he claimed to know better than Michael Horowitz about whether the Russian investigation was properly predicated, he hadn't actually reviewed the evidence.

Wall Street Journal: Bigger Dupes of John Durham or Alexsej Gubarev?
Six months after the Igor Danchenko indictment, John Durham is still getting journalists to misreport what the indictment says.

Senate Democrats' Unanimous Fail
Pat yourselves on the backs, Senate Democrats. Way to prove you're worth re-electing.

Three Years into the Durham Investigation, a Jury Will Get to Hear about Trump's Request that Russia Hack Hillary
Marc Elias will have an opportunity next week to tell a jury about what it was like to advise a Presidential campaign whose opponent asked Russia for help to beat her.

The Witness List for the Michael Sussmann Trial
The most intriguing witness for the Michael Sussmann trial may be DOJ Inspector General Michael Horowitz.

Amid Plea Discussions, Owen Shroyer Submits a Half-Hearted First Amendment Challenge
Both Infowars employees being prosecuted for January 6 are discussing pleading.

Fun with Bates Stamps, Part One: John Durham Confuses His Two Defendants to Rile Up the Frothers
In his exhibit purporting to get preapproval to use Fusion GPS emails at trial, John Durham provided a bunch of emails that were useless for that purpose but really useful for riling up the frothers.

March 6, 2017: Sussmann Claims Durham Brady Violation over Meeting Notes Flynn Falsely Claimed Were a Brady Violation
John Durham tried to bury notes that hurt his case in late-filed discovery.

A 'Dicks Out': On the Reported U.S. Intelligence Assist to Ukraine
An alternate perspective: the publication of news confirming the U.S.'s role providing intelligence to Ukraine may not be just dick-wagging.

The March 6, 2017 Notes: Proof about Materiality
Michael Sussmann likely wants to submit evidence surrounding a March 6, 2017 meeting at trial to show what actions the FBI would take to respond to the Alfa Bank allegations even if they knew that Sussmann had a client.

Judge Cooper Rules for Durham on Key Issues, But Rules against His Conspiracy Theory
In the Sussmann case, Judge Christopher Cooper has, overly optimistically, I think, set up a framework (primarily by excluding discussion about the accuracy of the information) that he thinks will guide all these decisions. But even within that framework, the rules of evidence will still apply.
And that will leave significant parts of Durham's conspiracy theory out of the trial.

Alito’s Horrifying Opinion
This screed is Alito's actual opinion. No change in the final form changes that central fact.

Kentucky Derby Day
There is nothing like Derby Day. The hats are as insane as they look. And yet it is one of the greatest pieces of Americana ever.

Tick Tock: SDNY Tells Project Veritas, Again, To Wait Until James O'Keefe Is Indicted to Complain
During the six weeks that Judge Analisa Torres has been considering Project Veritas' demand to claw back materials obtained in SDNY's investigation of Ashley Biden's allegedly stolen diary, Special Master Barbara Jones has gotten almost through the process of handing those materials over to SDNY.

Bragging about US Intelligence Assistance Increases the Value and Solidarity of NATO Membership
There's been a lot of complaining that the US is bragging about its role in Ukraine's sinking of the Moskva. But I think those complaints ignore the many benefits declassifying such intelligence have for America's alliances, particularly as Sweden and Finland decide to join NATO.

John Durham Wails about Michael Sussmann Adopting His Own Evidentiary Standards
John Durham doesn't want Michael Sussmann to be able to rely on the same kind of evidence that Durham has made the core of his case.

John Durham May Lose His Battle But Gain New Ammunition to Fight His War
Yesterday, Judge Christopher Cooper ruled that he will review 38 Fusion emails to test the claims of privilege the Democrats and Rodney Joffe made over them. But because of procedural issues, it's possible Durham will win his privilege battle but lose his ability to use those emails at the Michael Sussmann trial.