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Scene-Setter for the Sussmann Trial, Part Two: The Witnesses

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emptywheel
The existing witness list in the Durham case suggests he may want to avoid talking about the Alfa Bank anomaly at the heart of this case entirely.
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BMS: Breast Milk Substitute? Big Messy Situation [UPDATE-1]

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Rayne
What the hell are American parents with infants supposed to do when there's not enough breast milk or commercial formula to go around? We've used a readily available alternative for decades.

The Sussman Trial

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bmaz
Here is the Sussmann indictment as filed by Durham. It is an absurd 27 pages long. I could have written it in 2-3 pages, including signature page. As you can see, excepting all the run on horse manure Durham penned, the indictment is for…
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Will KleptoCapture Catch John Durham, Along with the Russian Spies and Oligarchs?

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emptywheel
There's increasing evidence that DOJ's efforts to crack down on Russian attempts to harm democracy here and abroad may hinder if not make John Durham's prosecution of Igor Danchenko unsustainable.
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DOJ Claims a Key Witness against Tom Barrack Was Being Paid $15,000 a Month as Part of His Defense Team

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emptywheel
According to DOJ, Tom Barrack's defense team was paying his former Executive Assistant $15,000 as part of his defense team.
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DOJ's Reply Motion for Carl Nichols' Reconsideration on 1512: Other Judge Other Judges Other Judges

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emptywheel
In its reply motion for Carl Nichols to reconsider his opinion rejecting DOJ's application of 18 USC 1512(c)(2) to January 6, DOJ emphasizes over and over what an outlier his opinion was.
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To Celebrate Its Third Birthday, the Durham Investigation Will Attempt to Breach Eric Lichtblau's Reporter's Privilege

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emptywheel
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…
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Scene-Setter for the Sussmann Trial, Part One: The Elements of the Offense

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emptywheel
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.
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John Durham's Pyrrhic Privilege Victory

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emptywheel
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.
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Thirty Months after Disputing Michael Horowitz, Durham's Team Suggests They've Never Looked at the Evidence

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emptywheel
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.
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Wall Street Journal: Bigger Dupes of John Durham or Alexsej Gubarev?

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emptywheel
Six months after the Igor Danchenko indictment, John Durham is still getting journalists to misreport what the indictment says.
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Senate Democrats' Unanimous Fail

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Rayne
Pat yourselves on the backs, Senate Democrats. Way to prove you're worth re-electing.
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Three Years into the Durham Investigation, a Jury Will Get to Hear about Trump's Request that Russia Hack Hillary

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emptywheel
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.
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The Witness List for the Michael Sussmann Trial

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emptywheel
The most intriguing witness for the Michael Sussmann trial may be DOJ Inspector General Michael Horowitz.
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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.
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A 'Dicks Out': On the Reported U.S. Intelligence Assist to Ukraine

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Rayne
An alternate perspective: the publication of news confirming the U.S.'s role providing intelligence to Ukraine may not be just dick-wagging.
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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.
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