In this post, I noted that the notes from the March 6, 2017 meeting at which Dana Boente was briefed that the investigation into Alfa Bank might show the decisions the FBI would have made knowing that.
But it gets far worse. In a filing explaining the basis for submitting the notes from that meeting — written by Tashina Gaushar, Mary McCord, and Scott Schools — Sussmann explained that the reason he didn’t include these notes in his motion in limine is because Durham only gave them to him in March, past his discovery deadline. When Durham provided this late discovery, Durham noted there were references to “a client” in some of the documents, without identifying where those references were.
That, Sussmann says, is a Brady violation.
In late March 2022, the Special Counsel produced extraordinarily significant Brady material. See Brady v. Maryland, 373 U.S. 83 (1963). Specifically, the Special Counsel produced handwritten notes of several participants at a meeting held in March 2017, at which senior members of the FBI briefed DOJ’s Acting Attorney General about various aspects of the FBI’s investigation into potential Russian influence in the 2016 presidential election (“Russia Investigations”). During that meeting—at which James Baker (FBI General Counsel), Bill Priestap (Assistant Director of FBI’s Counterintelligence Division), and Trisha Anderson (FBI National Security & Cyber Law Branch Deputy General Counsel), among others, were present— Andrew McCabe (Deputy...
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https://www.emptywheel.net/2022/05/09/march-6-2017-sussmann-claims-durham-bra...