Durham Raises FEC Ruling against Clinton and DNC in Attorney-Client Privilege Battle

Special counsel John Durham is ramping up his efforts to get a judge to review documents shielded by attorney-client privilege claims from Hillary Clinton’s 2016 campaign and the Democratic National Committee.
The prosecutor submitted a filing in federal court Monday pointing to a Federal Election Commission ruling that fined those Democrats for violating rules with the funding of research that became a central part of the effort to accuse Clinton’s rival, Donald Trump, of collusion with Russia.
The submission is part of the case against Michael Sussmann, a lawyer who was indicted in September for allegedly concealing his clients — Clinton’s campaign and “Tech Executive-1,” Rodney Joffe — from FBI general counsel James Baker in September 2016 when he presented internet data that suggested a now-discredited back channel link between the Trump Organization and Russia’s Alfa-Bank. Sussmann has pleaded not guilty.
Durham’s motion attached recently public FEC filings, including the FEC’s “conciliation agreement” with the DNC and Hillary for America. The FEC found “probable cause to believe” the Clinton campaign and the DNC improperly reported their payments to Perkins Coie for Fusion GPS’s opposition research as “legal and compliance consulting,” the special counsel said.
The special counsel said evidence at trial, set to begin this month, will show that beginning in late July 2016, Sussmann, Joffe, and “agents of the Clinton campaign” were “assembling and disseminating the Russian Bank-1 allegations and other derogatory information about Trump and his associates to the media and the U.S. government.” The special counsel said he will “establish that these efforts amounted to a joint venture.”