Posted on 07/09/2021 1:19:26 PM PDT by george76
Fusion GPS attorneys have been accused of violating ethics rules in the case they’re defending against Alfa Bank. What do they want to keep hidden?
Background..
In 2017, the owners of Alfa Bank (we’ll call them Alfa Bank for the purposes of this article) sued Fusion GPS and Glenn Simpson for their publication of false statements accusing Alfa Bank of “bribery, extortion, and interference in the 2016 U.S. Presidential Election.”
As a reminder, it was Fusion GPS and Glenn Simpson who, along with others, created and spread bogus Trump/Russia dossiers to government officials and the media. This was then used to justify the Foreign Intelligence Surveillance warrants on Carter Page to spy on Page those associated with President Trump.
We previously reported that Alfa Bank filed a motion to compel, asking the Court to require Fusion GPS and Glenn Simpson to produce documents withheld as privileged. These documents included communications with Glenn Simpson and others concerning the false Alfa Bank allegations.
Fusion/Simpson have fought the production of the documents, arguing that they are subject to the “attorney-client privilege” and otherwise privileged and not subject to production. We observed these are extremely weak arguments, as the dossiers were political research not subject to the protections afforded by attorney-client privilege. Alfa Bank argued the same to the Court:
Latest Developments
Things have taken a strange turn. Today, attorneys for Plaintiffs (Alfa Bank, et. al) informed the Court that Bill Taylor, an attorney for Fusion GPS, was contacting third parties to establish back-channel lines of communication to start settlement talks.
I’ll let them explain:
Specifically, it is alleged that this settlement overture was made by the Fusion GPS lawyer before discovery allowed each side a look at the other’s “internals.”
As Alfa Bank makes clear, it is against the DC Court’s local rules, as well as the DC Rules of Professional Conduct, to establish such back-channel lines of communication.
Why this matters.
This development is quite significant. During litigation, settlement offers are conveyed through the parties’ attorneys – not through back-channels. It seems that the Alfa Bank Plaintiffs are not willing to settle. By reaching out to the third party, the Fusion GPS attorney seems to be desperate to change their minds.
This leaves us with a question: why would the Fusion GPS attorney violate the rules of conduct – and risk sanctions by the Court?
We have a feeling that Fusion GPS (or its attorneys… or both) are feeling the heat. There are nearly 500 critically important documents that Fusion GPS has allegedly improperly kept from the other side.
What will those documents show?
May 2016 correspondence among Fusion GPS employees/principals, including Glenn Simpson, regarding their early work on Trump/Russia.
August 2016 between Fusion GPS and DNC lawyers Perkins Coie.
The early work on the Carter Page research from July 2016.
Final Thoughts
Fusion GPS has experienced lawyers. They must realize their attempts to withhold these important documents are futile. They must also realize, though, that there was an ethics violation in trying to establish back-channel communications.
Are the internal Fusion GPS communications so damaging that the risk of sanctions was worth the reward of settlement?
It appears so.
Geez, this is getting interestinger and interestinger.
With an honest judge, discovery can be hell.
Thanks for posting. Good info!
Fusion GPS is the public face of the CIA...FOR HIRE.
Don’t apply logic, it’s an exercise in futility. Just put it off as long as you can, and you can put it off seemingly forever at this pace.
We have a feeling that Fusion GPS (or its attorneys… or both) are feeling the heat.
Who is on the case? Judge Sullivan? Fusion has nothing to fear from the highly corrupt judiciary and they know it. That’s why they are acting this way.
Ok, fair enough and maybe you're right.
But if Fusion GPS has truly nothing to fear, wouldn't they be waiting for Alfa to offer a settlement to them?
Uh, this is in, uh, DC?
Thanks
An honest judge would have ordered the documents be turned over three years ago.
Do we have any of those? Honest judges?
Yeah... I would not count on much from the corrupt and crooked courts. Effectively we are talking about protecting the Clinton’s here. Along with a bunch of corrupt politicians. Those judges were carefully picked to do what they are told.
They’ll just move the case over to Judge Sullivan’s docket.
Gone.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.