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The Methodology of Andrew DeFilippis' Elaborate Plot to Break Judge Cooper's Rules

Andrew DeFilippis pulled a stunt to have someone who admits he's not an expert on DNS make a categorical attack on the white paper Michael Sussmann shared with the FBI.
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Brittain Shaw's Privileged Attempt to Misrepresent Eric Lichtblau's Privilege

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emptywheel
Durham lawyer Brittain Shaw's bid to keep Eric Lichtblau off the stand makes sense from a person in the grip of a fevered conspiracy theory. It doesn't accord with a professional who has obligations to protect the privilege of others.
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emptywheel's Continuing Obsession with Sticky Notes, Michael Sussmann Trial Edition

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emptywheel
There are slight differences between the Bill Priestap and Trisha Anderson notes included in a motions filing and those submitted yesterday at Michael Sussmann's trial.
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John Durham's Lies with Metadata

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emptywheel
In April, John Durham provided evidence he was going to lie about what time on October 5, 2016 key emails involving Fusion GPS were sent. Yesterday, he appears to have done just that.
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With a Much-Anticipated Fusion GPS Witness, Andrew DeFilippis Bangs the Table

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emptywheel
Andrew DeFilippis has engaged in a series of stunts in an attempt to salvage his case against Michael Sussmann. One of them involved setting a perjury trap for Laura Seago.
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Like the January 6 Investigation, the Mueller Investigation Was Boosted by Congressional Investigations

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emptywheel
Reporters are stating, as fact, that it is unusual for DOJ to request for help from a congressional investigation that has (overtly at least) gotten a head start. That's a major misreading of what happened in the Mueller investigation.
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The Founding Fantasy of Durham's Prosecution of Michael Sussmann: Hillary's Successful October Surprise

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emptywheel
John Durham prosecutor Brittain Shaw made a claim that the Hillary campaign executed a successful October Surprise in 2016 the cornerstone of their entire prosecution of Michael Sussmann.
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EDNY Accuses Tom Barrack of "Harvesting Assets" by Crafting Policy to Help UAE in a Trump Presidency

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emptywheel
DOJ superseded Tom Barrack's indictment, adding language about how he tried to "harvest assets" from his ability to direct policy in the Trump Administration.
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Comings and Goings on the Proud Boy Leaders Prosecution

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emptywheel
Among some minor changes in the Proud Boy Leader conspiracy last week, a prosecutor overseeing a number of Florida-based militia prosecutions got added to the Leader conspiracy team.
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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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