Special Counsel John Durham dropped another bombshell late-night filing saying for the first time that Hillary Clinton’s campaign, her lawyers, a tech company, and others formed a “joint venture or conspiracy” to smear Trump with false ties to Russia.
Durham’s argued in his filing that he should be allowed to admit certain evidence in court because ‘these parties acted as “joint venturer[s]” and therefore should be “considered as co-conspirator[s] for the purpose of [Rule 801(d)(2)(E)] even though no conspiracy has been charged.”’
What is important to note is that while Durham is calling this a conspiracy he also says ‘even though it hasn’t been charged.’ This is either a massive hint that Hillary is headed for big trouble or, if Durham does not pursue charges, the greenlight for Trump to use the filing in his civil suit against Hillary.
Durham continued: “In addition, Rule 801(d)(2)(E) authorizes the admission of an out-of court statement “by a co-conspirator of a party during the course and in furtherance of the conspiracy.
“In sum, the above evidence, public information, and expected testimony clearly establishes by a preponderance of the evidence that the defendant and Tech Executive-1 worked in concert with each other and with agents of the Clinton Campaign to research and disseminate the Russian Bank-1 allegations.
“Accordingly, these parties acted as “joint venturer[s]” and therefore should be “considered as co-conspirator[s] for the purpose of [Rule 801(d)(2)(E)] even though no conspiracy has been charged.”
“Relevant communications between and among Tech Executive-1, various researchers and internet company employees, and certain members of the U.S. Investigative Firm – examples of which are described in further detail below – are all admissible because they are not being offered for their truth and/or reflect statements made in furtherance of a joint venture between and among the defendant, Tech Executive-1, and representatives or agents of the Clinton Campaign.
“As an initial matter, the Government expects that the evidence at trial will show that beginning in late July/early August 2016, the defendant, Tech Executive-1, and agents of the Clinton Campaign were “acting in concert toward a common goal,” Gewin, 471 F. 3d at 201–02, namely, the goal of assembling and disseminating the Russian Bank-1 allegations and other derogatory information about Trump and his associates to the media and the U.S. government.
“In particular, the evidence will show that in late July and early August, Tech Executive-1 commenced a project in coordination with the defendant and Law Firm-1 to support an “inference” and “narrative” tying Trump to Russia.
“For example, calendar entries will show that on August 12, August 17, and August 19, 2016, Tech Executive-1 had meetings and/or conference calls with the defendant and the Clinton Campaign’s General Counsel (i.e., Campaign Lawyer-1).
“During or around that same time period, Tech Executive-1 began tasking his own employees and associates to mine and assemble internet data that would support an “inference” or “narrative” tying Trump to Russia.
“Tech Executive-1 expressly stated in emails that a purpose of this effort was to please these “VIPs,” apparently referring to the defendant, Campaign Lawyer-1, and the Clinton Campaign.
“Expected witness testimony, documents already in the public record, and other evidence to be offered at trial establish that these efforts amounted to a joint venture:
For example, the Government expects that testimony at trial will establish that in approximately early-to-mid-August 2016, Tech Executive-1 called the CEO of a company in which he maintained an ownership interest (referred to in the Indictment as “Internet Company2”) and instructed the CEO to search data maintained by his company and another, affiliated company (referred to as “Internet Company-3”) for information concerning the online activities of Trump and his associates.
“Tech Executive-1 stated to the CEO that he was working with a person at a firm in Washington, D.C. with close ties to Hillary Clinton campaign and the Democratic Party.
“Tech Executive-1 also emailed to the CEO a document containing the physical addresses, email addresses, IP addresses and other personal information for various Trump associates, including some of these associates’ spouses and family members (the “Trump Associates List”)
“The Government expects that testimony at trial will reveal that the aforementioned CEO was highly uncomfortable with this task.
“The CEO and others complied with the instructions, however, because Tech Executive-1 was a powerful figure at these companies.
“The companies thereafter embarked on a data analysis/opposition research project concerning Trump and his associates, which they codenamed “Crimson Rhino.”
“The evidence will show that during or around the same time period, Tech Executive-1 similarly tasked the person referred to in the Indictment as “Originator-1” and other researchers with opposition research regarding Trump.
“Reflecting a common plan to commission such research, Tech Executive-1 emailed to these researchers the same Trump Associates List that he had provided to the aforementioned CEO.
“As part of these efforts, the defendant and Law Firm-1 began facilitating collaboration and sharing of information between and among Tech Executive-1, the U.S. Investigative Firm, and the Clinton Campaign.
“For example, email records reflect that in August 2016, the defendant began exchanging emails with personnel from the U.S. Investigative Firm and
“Campaign Lawyer-1 containing the subject line, “connecting you all by email.” (The contents of these emails have been redacted and withheld pursuant to asserted attorney-client privilege.)” the filing says.
Ex-House Intelligence Committee Republican investigative counsel Kash Patel said:
“Durham has just shown the whole world what major pieces of our Russiagate investigation revealed.
“Hard evidence, emails and text messages, showing the Clinton Campaign, Fusion GPS, Perkins Coie, Joffe, and the media were all synced in August of 2016 pushing the false Alfa Bank server story, while also all working on the Steele Dossier matter.
“Durham submits all this evidence as ‘joint venture conspiracy’ under the rules of evidence.”