Judge excludes false anti-Trump Clinton tweets as evidence in Durham prosecution of Sussmann

The federal judge overseeing Special Counsel John Durham’s prosecution of former Clinton campaign attorney Michael Sussmann for allegedly lying to the FBI in 2016 has recently issued several preliminary rulings in advance of the trial that is set to begin next month.

That judge issued a major ruling Wednesday when he decided to exclude as evidence a pair of tweets from failed 2016 nominee Hillary Clinton that Durham had hoped to have included in the trial, The Conservative Brief reported.

Those two tweets from Clinton, posted just days ahead of the election, referenced the since-debunked allegations that then-candidate Donald Trump had secret ties to a Russian bank — false allegations based on manipulated data that Sussmann had provided earlier to the FBI while lying about the fact that he did so on behalf of the Clinton campaign.

Clinton’s false tweets attacking Trump are excluded from trial

The Washington Examiner reported Wednesday that Judge Chris Cooper ruled that the pair of Clinton tweets were “hearsay” and “likely duplicative of other evidence” submitted by Durham and therefore would not be included when the Sussmann trial eventually commenced.

“It’s time for Trump to answer serious questions about his ties to Russia,” Clinton wrote in the first tweet on Oct. 31, 2016, that also included a link to a Slate article and a picture of “four things you need to know” about Trump and his alleged secret server. That picture appeared to state as if they were proven facts: “Donald Trump has a secret server … It was set up to communicate privately with a Putin-tied Russian bank.”

Just an hour later that same evening, Clinton tweeted, “Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.”

That tweet included a statement by then-campaign advisor Jake Sullivan — now President Joe Biden’s national security adviser — outlining what was purportedly known about Trump’s “secret line of communication to Russia” … allegations that were never true and have since been debunked or disproven by no less than the FBI, CIA, Special Counsel Robert Mueller, a bipartisan Senate committee investigation, and now Special Counsel Durham.

Dubious assertions of attorney-client privilege by alleged co-conspirators

This decision about Clinton’s tweets is part of a broader legal fight over evidence between Durham and the alleged co-conspirators in the false Trump-Russia collusion narrative, namely the Clinton campaign, the Democratic National Committee, the Democrat-aligned Perkins Coie law firm for which Sussmann worked, opposition research firmer Fusion GPS, former British spy Christopher Steele of “dossier” infamy, and others.

All of those alleged co-conspirators have asserted the attorney-client privilege — given the Perkins Coie law firm’s central role in everything — to exclude evidence obtained by Durham, and Durham has been asking the judge to review various pieces of the evidence he has collected to determine whether it should be included or not.

It remains to be seen just how much or how little of the evidence Durham has collected will be included once Sussmann’s trial begins, but at the very least, those false tweets from Clinton that were intended to negatively smear Trump just days prior to the election won’t be part of the evidence presented at trial.

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