Durham’s latest: He has hundreds of e-mails between Fusion GPS and reporters

Special Counsel John Durham just filed this motion in response to the efforts of Hillary for America, Fusion GPS, et al. to keep secret (by use of the attorney-client and work product privileges) communications involving Fusion GPS. You can read it here.

Durham states the “purported privilege holders who have intervened do so in a case in which the defendant has denied representing any client when he brought the Russian Bank-1 allegations to the FBI.” The privilege controversy thus entraps Sussmann to a certain extent, seemingly precluding his denial that he was working on behalf of a client. Brilliant.

Additionally, Durham casts doubt on the declaration of Marc Elias that Fusion GPS was retained to provide “legal advice.” Here he makes a key point:

”if rendering such advice was truly the intended purpose of Fusion GPS’s retention, one would also expect the investigative firm to seek permission and/or guidance from [Hillary for America] or its counsel before sharing such derogatory materials with the media or otherwise placing them into the public domain.”

In support of that point, Durham states he is in possession of “hundreds of emails in which Fusion GPS employees shared raw, unverified, and uncorroborated information – including their own draft research and work product – with reporters.” (He even filed them under seal with the court.)