Fusion GPS Loses Battle to Keep ‘Privileged’ Documents from Special Counsel Durham


The court has made an important ruling regarding the ongoing document tug-of-war in the Sussman case by rejecting the assertion of attorney-client or work-product privilege argued by Fusion’s attorneys.

The court found that Fusion GPS had no valid basis to withhold 22 of the 38 emails, but that it has met its burden to establish privilege over the remaining 16. (Techno Frog on Sub Stack)

“Fusion GPS will have to produce these documents to Special Counsel Durham by May 16, 2022. What do these e-mails and documents contain?

The court’s order provides guidance, stating they relate to: Internal Fusion GPS e-mails discussing the Alfa Bank data and e-mails circulating draft versions of the Alfa Bank white papers that were “ultimately provided to the press and the FBI.”

According to the Washington Examiner – “The judge in the case against Democratic cybersecurity lawyer Michael Sussmann ruled that John Durham’s team may review two dozen emails…but the special counsel cannot use the records at next week’s trial”.

Earlier this week, in a court filing, Special counsel John Durham released emails between Fusion GPS operatives and journalists. Their release gives a first-hand look at how the investigative firm pushed unverified claims of Trump-Russia collusion to a willing media.


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