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Mark Wauck's avatar

https://thefederalist.com/2022/04/07/will-the-court-allow-special-counsel-john-durham-to-see-clinton-campaign-documents/

Follow the link for more discussion of developments in the Sussmann case--especially the ongoing dispute re attorney client privilege. Basically it comes down to this:

Team Clinton--because that's what we're really talking about, even though they're not parties to this case--is asserting that just about everyone remotely connected to the campaign was acting in some legal capacity and therefore large numbers of docs (~1000) that discuss their campaign activities are privileged, i.e., Durham can't see them.

While there are complexities (which Cleveland discusses) the basic idea of attorney client privilege is that it only applies to communications “that a client conveys to his attorney for the purpose of security for an opinion on law, legal services, or assistance in a legal proceeding.” Clinton is claiming that that's what Fusion GPS was doing (Cleveland discusses the rationale). Durham has strong arguments against--Fusion was engaged in a PR hit job, not in any legal capacity.

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Mike Sylwester's avatar

Why has Joffe been pleading the Fifth Amendment?

My guess is that he and his fellows violated his government contract's regulations forbidding him to snoop on individuals. Apparently, the US Government granted to Joffe and to his fellows extraordinary capabilities to study Internet communications. For sure, the US Government restricted very strictly the use of such capabilities.

Despite such restrictions, Joffe and his fellows snooped on Donald Trump and on his associates.

That is why Joffe is pleading the Fifth Amendment.

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