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To Celebrate Its Third Birthday, the Durham Investigation Will Attempt to Breach Eric Lichtblau’s Reporter’s Privilege

Happy Birthday to Johnny D and his merry band of prosecutors! Today marks your third birthday! Quite a milestone for an investigation that has just one conviction — a gift wrapped up with a bow from Michael Horowitz — to show for those three years. John Durham, however, had something much more ambitious planned to […]

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.