DURHAM INVESTIGATION: Dems Rediscover Attorney-Client Privilege Now That HILLARY Needs To Invoke It
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Isn’t it funny how the same Dems who cheer running roughshod over the legitimate rights of Trump allies to contest a subpoena in court will circle the wagons to protect Hillary and Hunter?
The left never misses an opportunity to shift the goalposts in their own favor. Investigations into criminal allegations are no exception. Let’s compare the track record as we dive into Team Hillary’s response to the Durham investigation.
Dems when Republicans are being investigated:
Trump’s rights have been violated by Democrats and former allies, and so have those of his inner circle.
This is not an opinion, it is a fact. Trump’s turncoat lawyer Cohen had no legal authority to disclose Trump’s privileged legal information. That didn’t stop him from doing so.
We saw the same when the Schiff’s lawless Impeachment farce leaked personal phone details of journalists, lawyers, and even sitting Congressmen that they had secretly subpoenaed. That trend has been carried forward by the Jan 6 Committee. Nor has anybody yet paid a price for the illegal leaks of tax records to the NYTimes. Journalists from Project Veritas had their phones seized by the FBI and their data leaked to the NYTimes. We could go on and on.
Dems when THEIR party is being investigated:
But now we’re seeing Hillary and the DNC in the crosshairs of a criminal investigation and the same people that twisted themselves in knots to justify every abuse listed above will suddenly become great defenders of the protections of the accused.
[It’s a real ‘come-to-Jesus’ redemption story on their part to be sure. Not cynical or self-serving in any way. Oh, no. Couldn’t be anything of the sort. But I digress.]The criminal investigation into the procedural abuses that led to the illicit weaponization of the legal system against a Presidential Nominee — and later a sitting president! — has followed the breadcrumbs to the feet of individuals who began that weaponization process as a paid employee of Trump’s opponent, Hillary Clinton.
That’s hardly an unimportant detail to this investigation.
Not surprisingly, the investigator whose job it is to get to the bottom of this process has subpoenaed emails that could shed further light on what has every earmark of a conspiracy. Hillary for America and the DNC have no intention of complying with those subpoenas, and are hiding behind the very same legal protections that they fought to stop Trump from invoking in his various legal defense proceedings.
Also failing to comply with Durham’s subpoenas are Democrat-affiliated legal firm Perkins Coie and the now-infamous firm Fusion GPS.
These groups are holding back hundreds of documents that Durham has specifically named in subpoenas while invoking — you guessed it — attorney-client privilege.
Durham’s not buying any of it. He has gone to court to demand their release.
In a 23-page filing this week, Durham asked that a federal judge order the documents be handed over for in camera review, arguing that the privilege claims lack “any connection to actual or expected litigation or the provision of legal advice.”
In his request, Durham revealed that out of 1,455 documents withheld by Fusion GPS under claimed attorney-client privilege or work product protections, only 18 emails and attachments actually involve an attorney.
The filing went on to note that the DNC and Hillary for America — the official name for the Clinton campaign — have also tried to withhold communications between a Fusion GPS employee and tech executive Rodney Joffe, “despite the fact that no one from either the DNC or HFA is copied on certain of these communications.”
…Durham further claimed any viable attorney-client privilege or confidentiality agreement covering communications between Joffe and Sussmann or other Perkins Coie attorneys was invalidated after Joffe “chose to disclose such information to a third party that did not have any formal or informal contract or retention agreement” with him — specifically, Fusion GPS.
Additionally, the special counsel cited a 2019 book by Fusion GPS co-founders Glenn Simpson and Peter Fritsch called “Crime in Progress,” which he said describes the firm’s internal discussions and conversations with Sussman. In light of the book’s publication, Durham claimed, any “valid privilege … might have since been waived.” — NYPost
How many of the documents they are claiming are ‘protected’ by attorney-client privilege actually include a conversation with an actual lawyer? That number is part of Durham’s court challenge. Only 18 of the total 1455 subpoenaed emails and attachments even involved a lawyer.
Durham is also disputing the claim that Fusion GPS was doing any actual legal consulting for Hillary’s campaign at all.
The filing went on to note that the DNC and the Clinton campaign — officially named “Hillary for America” (“HFA”) — also had tried to withhold communications between a Fusion GPS employee and tech executive Rodney Joffe, “despite the fact that no one from either the DNC or HFA is copied on certain of these communications.”
…Durham, though, argued that Fusion GPS’ work “[does] not appear to have been a necessary part of, or even related to, [Perkins Coie’s] legal advice to HFA and the DNC.”
“Instead, contemporaneous communications and other evidence make it clear that the primary purpose of the [Fusion GPS’] work related to the [Steele] dossier, the [Alfa-Bank] allegations, and the other issues was to assemble and publicize allegations that would aid the campaign’s public relations goals,” the filing said. —NewsMax
We expect the Dem and journalists (but we repeat ourselves) will do everything they can to sabotage this inquiry. But this time, because Durham is a Special Investigator, they don’t have the benefit of political activists in the FBI’s top brass with an ability to run interference to help defend the interests of The Party.
That much, at least, is a good thing.
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