Jerry Dunleavy, Washington Examiner: Durham convinces judge to review concealed documents in Clinton privilege battle
Judge Christopher Cooper said Wednesday he would grant the government’s motion, arguing he did not believe it was breaking attorney-client privilege for him to review the records in dispute in an “in camera” setting, away from the public and the press.
British ex-spy Christopher Steele created a dossier on then-candidate Donald Trump after being hired by the opposition research firm Fusion GPS, which was itself hired by the Perkins Coie law firm and Marc Elias, the general counsel for Clinton’s campaign.
The judge repeatedly pointed to the difference between hiring a firm to do “fact-checking” versus hiring it to do “opposition research.”
Hillary for America, the DNC, and Perkins argue claims of attorney-client privilege should keep the records concealed and claim Fusion simply provided them legal services.
Durham is insisting those groups played a coordinated role in pushing false collusion claims.
The judge said he didn't doubt Elias’s claims about Fusion being hired to provide legal advice but said that didn’t mean everything Fusion did in 2016 is covered by privilege. The judge said he would review the Joffe records too.
It remains to be seen how the judge will rule on the privilege claims after taking a look at the Alfa Bank-related documents. Thirty are internal Fusion emails, and eight relate to Joffe and Fusion.
Clinton’s 2016 campaign and Fusion united in court on Wednesday.
Fusion’s lawyer said the firm asserted privilege over 1,500 documents, adding it also “produced hundreds of documents.” Fusion said the Clinton campaign, DNC, and Perkins had made “judgment calls” on what was privileged.
The judge asked Durham prosecutor Jonathan Algor whether Durham would come back for the other 1,500 documents if the judge ended up agreeing with the prosecution about these 38 records. Algor said “not for this trial” but left the door open for the future, saying that “Your Honor’s decision is important” for the investigation.
Algor told the judge the Clinton campaign and Fusion wrongly "advanced a very broad and novel theory” of attorney-client privilege that “opposition research” is “somehow protected.” He pointed to Fusion emails that have been released and said “nothing shows” any of that related to “legal advice.”
Algor stressed the opposition research was pushed to the FBI, Congress, and the media.
Read the rest here.