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Fusion GPS ordered to turn over emails to special counsel Durham in ongoing probe

The emails a federal judge ordered be turned over were primarily between Fusion GPS and former Clinton campaign attorney Michael Sussmann.

Published: May 13, 2022 8:54am

Updated: May 13, 2022 10:28am

Fusion GPS, the opposition research firm hired by Hillary Clinton's 2016 campaign, has been ordered by a federal judge to turn over a number of emails to special counsel John Durham.

The emails are primarily exchanges between Clinton campaign attorney and former Perkins Coie partner Michael Sussmann and Fusion GPS. Initially, the emails were part of a batch of documents subpoenaed by prosecutors last year.

U.S. District Judge for the District of Columbia Christopher Cooper ruled Thursday that, of the 38 emails that were subpoenaed, Fusion GPS may withhold 16 for reasons of attorney client privilege, but must immediately fork over the remaining 22. 

However, due to the timing of Durham's request, the emails will not be admissible in the impending trial of Sussmann, who has been charged with lying to the FBI during a September 2016 meeting.

Prosecutors are arguing that Sussmann misled the FBI's general counsel when he said he was not attending the meeting on behalf of any particular client, and then presented information on behalf of the Clinton campaign and a technology executive with whom he worked.

Specifically, Sussmann is accused of relaying information to the FBI that suggested a secret back-channel of communication between the Trump Organization and Russia's Alfa Bank. No such link was ever found, but the suggestion helped fuel the years-long Russia-collusion hoax.

Sussmann has pleaded not guilty to the charges. His trial will begin on Monday in Washington, D.C.'s federal court.

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