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Why did Clinton/DNC need attorney-client privilege for Trump Dossier?
National Review ^ | Oct 25 | Andrew McCarthy

Posted on 10/26/2017 2:03:13 PM PDT by Another Kansan

Here, the Clinton campaign and the DNC retained the law firm of Perkins Coie; in turn, one of its partners, Marc E. Elias, retained Fusion GPS. We don’t know how much Fusion GPS was paid, but the Clinton campaign and the DNC paid $9.1 million to Perkins Coie during the 2016 campaign (i.e., between mid-2015 and late 2016). [Snip] In its capacity as attorney for the DNC, Perkins Coie – through another of its partners, Michael Sussman – is also the law firm that retained CrowdStrike, the cyber security outfit, upon learning in April 2016 that the DNC’s servers had been hacked.


TOPICS: Crime/Corruption; Politics/Elections
KEYWORDS: 2015; acprivilege; andymccarthy; crowdstrike; dnctrumpdossier; dossier; dossierclintondnc; fusiongps; marcelias; michaelsussman; perkinscoie; privilege; sussman
Nobody is talking about attorney-client privilege, but that may be important. You hire non-legal consultants through big, expensive law firms principally so that attorney client privilege will attach to the non-legal work being done by the consultant. With CrowdStrike, it kind of makes sense, they had a major IT breach/leak and knew they wanted to control the results of CrowdStrike's inquiry. It doesn't make as much sense with Fusion GPS, unless the plan from early on was dirty deeds. It is NOT normal for a campaign to hire opposition research through a big law firm, since that would likely dramatically increase the cost, unless the paying client knew in advance that they wanted to shield their relationship from government inquiry. Lawyering up way, way before there was any reason to think there might be legal action isn't normal - it suggests a well laid plan anticipating a need to keep law enforcement out of what was otherwise a routine and not particularly well executed piece of opposition research. Something doesn't smell right here...
1 posted on 10/26/2017 2:03:13 PM PDT by Another Kansan
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To: Another Kansan

Just how f’ing dumb do they think we are that the leadership in the RICOs known as the HRC Campaign and the DNC had no clue about this dossier until it was published. I know they have no choice but to go this with this beyond-implausible explanation but COME ON!


2 posted on 10/26/2017 2:07:22 PM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone

A lot of people were willing to fall on their swords for Hillary because she had at least the potential of being able to exert massive political power. So they may hurt now but they could be rewarded later. That power has evaporated and it’s looking even worse for the future. Who will be willing to take the fall now?


3 posted on 10/26/2017 2:17:03 PM PDT by Oshkalaboomboom
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To: Another Kansan

Why? For plausible deniability in breaking the FEC laws...


4 posted on 10/26/2017 2:19:13 PM PDT by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: Oshkalaboomboom

I guess the person responsible at Perkins Coie is willing to get punished...


5 posted on 10/26/2017 2:20:08 PM PDT by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: Another Kansan

One of the elephants in the room is why Comey was willing to overlook the fact that a room full of Hillary lawyers without security clearances were allowed to have access to all of the email on her server which did include classified information?!

Client confidentiality games can cut both ways.


6 posted on 10/26/2017 2:24:56 PM PDT by the_Watchman
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To: Another Kansan

I got a question. if an attorney is shown to be an active participant in a crime with client do they lose attorney client privilege.


7 posted on 10/26/2017 2:27:33 PM PDT by PCPOET7
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To: Another Kansan
unless the paying client knew in advance that they wanted to shield their relationship from government inquiry.

Do you mean kinda like when Mrs. Bill Clinton moved her government emails to her private server and then destroyed 30,000 of them?

8 posted on 10/26/2017 2:28:19 PM PDT by libertylover (Kurt Schlicter: "They wonder why they got Trump. They are why they got Trump")
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To: Hotlanta Mike

I assume the business manager at Perkins Coie had a dickens of a task assigning the property expenditure code on these checks.

Hope some eager legal eagle tackles the topic.


9 posted on 10/26/2017 2:33:10 PM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: Another Kansan

Excellent post explaining how a legal intermediary can be used for sanitizing questionable activities.


10 posted on 10/26/2017 3:53:11 PM PDT by Pearls Before Swine (White is the new Black.)
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To: Oshkalaboomboom

Not sure the FEC is directly implicated here. If - and this is speculative - the goal was to put a sensational document in FBI hands while making it impossible for staff level special agents to find out anything beyond Fusion GPS, attorney-client privilege would be a pretty good stone wall.


11 posted on 10/26/2017 4:25:36 PM PDT by Another Kansan (Uh, no.)
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To: PCPOET7

Very fact specific question, but DC Bar Rule 1.16(a)(1) requires a DC lawyer to withdraw from representation if the representation is a violation of the rules of professional conduct or the law. It is well established that if a lawyer breaks the law they can be prosecuted and or disbarred. Interesting things happen when the lawyer of someone who is under investigation also needs to get a lawyer because of his/her involvement in the matter, effectively making the lawyer and client co-defendants. This fact pattern doesn’t happen too often, but it has happened.


12 posted on 10/26/2017 4:36:41 PM PDT by Another Kansan (Uh, no.)
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To: Another Kansan

https://www.grassley.senate.gov/news/news-releases/chairman-rejects-fusion-gps-excuses-withholding-documents-dossier-history

From Senator Grassley:

Neither Fusion GPS, led by Glenn Simpson, nor Orbis, led by Christopher Steele, are law firms or attorneys. Fusion GPS also claimed it could not waive the attorney-client privilege, but clients in such a relationship can. So, it is unclear how attorney-client privilege could apply. The firm could not explain how its work was in preparation for litigation, which is required to obtain attorney work product protections. Moreover, given the firm’s efforts to share the dossier with journalists and members of Congress, it was clearly not the firm’s intention to keep the client-funded opposition research confidential.


13 posted on 10/26/2017 4:43:05 PM PDT by Another Kansan (Uh, no.)
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To: NohSpinZone

Caught red handed. All they can do is what they always do, deny and obfuscate, attack the accuser, rely on liberal media to cover for them and hope their opposition screws up.


14 posted on 10/26/2017 7:41:27 PM PDT by vigilence (Vigilence)
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To: Another Kansan

Reading Grssley’s letter(7 Jun 2017) to Fusion I find this paragraph telling:

“Regarding your claim of attorney work product privilege, your attorney has failed to explain how Fusion’s work was completed in anticipation of litigation. On a phone call with Committee staff, your attorney vaguely indicated that Fusion’s work was done in anticipation of the FBI’s investigation into Russian interference in the 2016 presidential election. Your attorney’s assertion lacked any detail necessary to properly consider its merit. Moreover, given the circumstances, it appears that Fusion’s work was conducted in anticipation of the presidential election, rather than in anticipation of any litigation—in which case the privilege does not apply.”

That tells me that the dossier was produced specifically to give the FBI and IC a reason to go to the FISA for surveillance of Trump and his staff.

Grassley’s letter https://www.grassley.senate.gov/news/news-releases/chairman-rejects-fusion-gps-excuses-withholding-documents-dossier-


15 posted on 10/27/2017 4:43:14 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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