Fusion GPS Loses Its Fight Over “Privileged” Documents

Fusion GPS Loses Its Fight Over “Privileged” Documents


Fusion GPS Loses Its Fight Over “Privileged” Documents

And – how Joffe’s “privilege” can be overcome

By Techno Fog via The Reactionary

We’ve documented the ongoing battle to obtain Fusion GPS e-mails and documents in the Michael Sussmann case. At issue in the Sussmann case are 38 e-mails and attachments between and among Fusion GPS, Rodney Joffe, and Perkins Coie.

These 38 e-mails and attachments are among approximately 1,500 documents that Fusion GPS withheld from production to the grand jury based on “privilege.”

What Fusion GPS has to produce.

Today, the court in the Sussmann case made an important ruling and rejected, in large measure, Fusion’s assertion of attorney-client or work-product privilege:

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.”

Here are some examples of what these e-mails might include. These are privilege logs in Fusion GPS’s other litigation relating to the Alfa Bank hoax.

The other emails.

This leaves 16 e-mails and documents remaining. For now, Durham will not get them. These are divided into two categories:

  1. Eight of the e-mails involve internal communications among Fusion GPS employees. The court was “unable to tell from the emails or the surrounding circumstances whether they were prepared for a purpose other than assisting Perkins Coie in providing legal advice to the Clinton Campaign in anticipation of litigaiton.” Coming from the court, that’s a long way of saying that the sworn declarations of Fusion/Clinton lawyers (Levy and Elias) were sufficient to meet the “privilege” burden. This doesn’t mean that Durham can’t overcome this hurdle – just that it hasn’t been overcome yet.
  2. The other eight e-mails and attachments include those among Fusion GPS’s Laura Seago, Sussmann, and Rodney Joffe. The court observed that the e-mails are consistent with Joffe’s assertion of privilege.

With respect to the Joffe e-mails, we note that he is still a subject – perhaps a target – of the Special Counsel’s investigation. Here’s a portion of the transcript from an evidentiary hearing in the Sussmann case that discusses their ongoing investigation into Joffe:

Because the investigation into Joffe is ongoing, it makes sense that the Special Counsel is hesitant to disclose to the court information that could overcome this purported “privilege.” Keep in mind the crime-fraud exception, where communications are not considered privileged where they “are made in furtherance of a crime, fraud, or other misconduct” (citation omitted). In other words, the Special Counsel may still be able to get Joffe’s e-mails – assuming Joffe is charged under 18 USC 1031. He can also get them through the grand jury process, as we saw with Mueller’s investigation of Paul Manafort.1

I’ll also add that the fact that privilege applies to some of these documents strengthens the Special Counsel’s argument that Sussmann was representing a client when he met with then-FBI General Counsel James Baker in September 2016.

As to the e-mails and documents Durham will obtain, he cannot use them during trial. The court considered Durham’s efforts to be too close to the May 16, 2022 trial date to allow these e-mails and documents into trial. I’m not sure that matters. Sussmann is facing a false statement charge, and the court observed these e-mails are not “particularly revelatory.”

Finally, while “Court takes no position on the other approximately 1500 documents that Fusion GPS withheld as privileged,” we can assume based on this ruling that the majority of those documents would not be privileged. Durham will likely get most of them.

For those interested: After I wrote this post, New York Times reporter Eric Lichtblau filed this request for a protective order. Lichtblau will be called as a witness by Sussmann’s attorneys to discuss “communications between Mr. Sussmann and Mr. Lichtblau” – meetings at which Rodney Joffe was present (that confidentiality privilege was waived).

The Special Counsel has refused to limit Lichtblau’s testimony to that narrow topic:

Durham is taking this position because Lichtblau was in contact with Peter Fritsch (and Glenn Simpson) of Fusion GPS leading up to the 2016 election. Fritsch was feeding Lichtblau Fusion “opposition research” (what we might accurately call bullshit), and Lichtblau was at least somewhat receptive, though not salivating like Franklin Foer. These are relevant to the broader “media relations” strategy that Sussmann and Fusion GPS pursued on behalf of the Hillary Clinton campaign.

Here are the e-mails:

**********

(TLB) published this article by Techno Fog via The Reactionary with our appreciation for the coverage

Header featured image (edited) credit: Durham/FOX NEWS screen shot

Emphasis added by (TLB) editors

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The Hunt for Supreme Court Leaker is Fully On



The Hunt for the Suspect in the Supreme Court’s Opinion Leak is Fully On

Becker News

The Federal Bureau of Investigation can no longer be trusted to investigate crimes — even devastating leaks that sabotage the nation’s highest court. The Department of Justice can no longer be trusted to deliver “justice,” except as a mockery to Americans’ constitutional rights. The corporate news media can no longer be trusted to provide credible information in the interest of preserving the country’s most venerated institutions.

Thus, Americans are taking it upon themselves to hunt down any suspects who undertook the extreme, unprecedented act of leaking Supreme Court documents pertaining to some of the most divisive cases and subject the culprits to further scrutiny.

On Monday night, an unprecedented leak of a preliminary majority opinion that would strike down the abortion cases Roe v. Wade and Planned Parenthood v. Casey was aired in the beltway insider publication Politico.

The article was authored by Josh Gerstein and Alexander Ward, who claimed to have “received a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”

The document leak was accompanied by the mobilization of protesters around the Supreme Court, whose police officers erected barricades to keep out the fomenting mob. The Democratic National Committee dispatched fundraising emails — as if right on cue. The entire imbroglio smacked of a sophisticated operation to penetrate one of the most secretive bodies in the world and expose its inner workings for crude political fodder.

One of the prime candidates for a leak at the Supreme Court is “the wise Latina” Justice Sonia Sotomayor. Republican strategist Matt Wolking explained why Sotomayor’s office is suspect and one potential linkage.

“A person called Amit Jain clerks for Supreme Court Justice Sonia Sotomayor,” Wolking notes. “As a Yale student, Jain blasted Yale for supporting Brett Kavanaugh’s nomination. Jain was quoted in a 2017 Politico piece by Josh Gerstein. Today, Gerstein published the draft SCOTUS opinion on Roe.”

This is obviously not definitive proof. However, this would not be the first time Sotomayor’s office would be at the center of controversy surrounding an ostensible Supreme Court leak, albeit nothing of the magnitude of a preliminary majority opinion striking down Roe.

“If it is proven that Sotomayor’s office was behind the leak — and that’s still an if — it wouldn’t be the first time this year her office appeared to be behind a political leak,” he added. It involved a kerfuffle over Sotomayor’s alleged demand that all justices wear a mask.

“Now, though, the situation had changed with the omicron surge, and according to court sources, Sotomayor did not feel safe in close proximity to people who were unmasked,” NPR claimed based on an inside source. “Chief Justice John Roberts, understanding that, in some form asked the other justices to mask up.”

“They all did,” NPR continued. “Except Gorsuch, who, as it happens, sits next to Sotomayor on the bench. His continued refusal since then has also meant that Sotomayor has not attended the justices’ weekly conference in person, joining instead by telephone.”

“On Wednesday, Sotomayor and Gorsuch issued a statement saying that she did not ask him to wear a mask,” the report added. “NPR’s report did not say that she did. Then, the chief justice issued a statement saying he ‘did not request Justice Gorsuch or any other justice to wear a mask on the bench.’ The NPR report said the chief justice’s ask to the justices had come ‘in some form.’ NPR stands by its reporting.”

The surreal episode suggests there is a radical mole familiar with Sotomayor on the court who feels compelled to defend the justice and her decisions. It was disturbing foreshadowing for the Supreme Court leak on Monday.

However, there is an alternative explanation being floated that would exonerate all of the clerks, while once again displaying the insecurity of the nation’s data infrastructure: A hack. It should be noted, first of all, that the documents were photoscanned and not in digital ready format.

Whether it is a hack or a leak from a partisan clerk, the American people should be able to rely on its premier law enforcement agencies to vigorously seek out the suspects with the aim to prosecute to the fullest extent of the law. But knowing the political inclinations of the Biden administration, there is no reason to believe  the federal government will seriously hold anyone accountable for this inexcusable breach of the nation’s once-esteemed court.

*********

(TLB) published this article from Becker News as written and compiled by Kyle Becker

Emphasis added by (TLB) editors

Header featured image (edted) credit: Justice Sonia Sotomayor/from orginal Becker News article

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The Hunt for Supreme Court Leaker is Fully On

The Hunt for Supreme Court Leaker is Fully On


The Hunt for the Suspect in the Supreme Court’s Opinion Leak is Fully On

Becker News

The Federal Bureau of Investigation can no longer be trusted to investigate crimes — even devastating leaks that sabotage the nation’s highest court. The Department of Justice can no longer be trusted to deliver “justice,” except as a mockery to Americans’ constitutional rights. The corporate news media can no longer be trusted to provide credible information in the interest of preserving the country’s most venerated institutions.

Thus, Americans are taking it upon themselves to hunt down any suspects who undertook the extreme, unprecedented act of leaking Supreme Court documents pertaining to some of the most divisive cases and subject the culprits to further scrutiny.

On Monday night, an unprecedented leak of a preliminary majority opinion that would strike down the abortion cases Roe v. Wade and Planned Parenthood v. Casey was aired in the beltway insider publication Politico.

The article was authored by Josh Gerstein and Alexander Ward, who claimed to have “received a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”

The document leak was accompanied by the mobilization of protesters around the Supreme Court, whose police officers erected barricades to keep out the fomenting mob. The Democratic National Committee dispatched fundraising emails — as if right on cue. The entire imbroglio smacked of a sophisticated operation to penetrate one of the most secretive bodies in the world and expose its inner workings for crude political fodder.

One of the prime candidates for a leak at the Supreme Court is “the wise Latina” Justice Sonia Sotomayor. Republican strategist Matt Wolking explained why Sotomayor’s office is suspect and one potential linkage.

“A person called Amit Jain clerks for Supreme Court Justice Sonia Sotomayor,” Wolking notes. “As a Yale student, Jain blasted Yale for supporting Brett Kavanaugh’s nomination. Jain was quoted in a 2017 Politico piece by Josh Gerstein. Today, Gerstein published the draft SCOTUS opinion on Roe.”

This is obviously not definitive proof. However, this would not be the first time Sotomayor’s office would be at the center of controversy surrounding an ostensible Supreme Court leak, albeit nothing of the magnitude of a preliminary majority opinion striking down Roe.

“If it is proven that Sotomayor’s office was behind the leak — and that’s still an if — it wouldn’t be the first time this year her office appeared to be behind a political leak,” he added. It involved a kerfuffle over Sotomayor’s alleged demand that all justices wear a mask.

“Now, though, the situation had changed with the omicron surge, and according to court sources, Sotomayor did not feel safe in close proximity to people who were unmasked,” NPR claimed based on an inside source. “Chief Justice John Roberts, understanding that, in some form asked the other justices to mask up.”

“They all did,” NPR continued. “Except Gorsuch, who, as it happens, sits next to Sotomayor on the bench. His continued refusal since then has also meant that Sotomayor has not attended the justices’ weekly conference in person, joining instead by telephone.”

“On Wednesday, Sotomayor and Gorsuch issued a statement saying that she did not ask him to wear a mask,” the report added. “NPR’s report did not say that she did. Then, the chief justice issued a statement saying he ‘did not request Justice Gorsuch or any other justice to wear a mask on the bench.’ The NPR report said the chief justice’s ask to the justices had come ‘in some form.’ NPR stands by its reporting.”

The surreal episode suggests there is a radical mole familiar with Sotomayor on the court who feels compelled to defend the justice and her decisions. It was disturbing foreshadowing for the Supreme Court leak on Monday.

However, there is an alternative explanation being floated that would exonerate all of the clerks, while once again displaying the insecurity of the nation’s data infrastructure: A hack. It should be noted, first of all, that the documents were photoscanned and not in digital ready format.

Whether it is a hack or a leak from a partisan clerk, the American people should be able to rely on its premier law enforcement agencies to vigorously seek out the suspects with the aim to prosecute to the fullest extent of the law. But knowing the political inclinations of the Biden administration, there is no reason to believe  the federal government will seriously hold anyone accountable for this inexcusable breach of the nation’s once-esteemed court.

*********

(TLB) published this article from Becker News as written and compiled by Kyle Becker

Emphasis added by (TLB) editors

Header featured image (edted) credit: Justice Sonia Sotomayor/from orginal Becker News article

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Stay tuned to …

••••

The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)

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Comment Policy: As a privately owned web site, we reserve the right to remove comments that contain spam, advertising, vulgarity, threats of violence, racism, or personal/abusive attacks on other users. This also applies to trolling, the use of more than one alias, or just intentional mischief. Enforcement of this policy is at the discretion of this websites administrators. Repeat offenders may be blocked or permanently banned without prior warning.

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Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.

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Disclaimer: The information and opinions shared are for informational purposes only including, but not limited to, text, graphics, images and other material are not intended as medical advice or instruction. Nothing mentioned is intended to be a substitute for professional medical advice, diagnosis or treatment.

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Kerik surrenders memos to Jan. 6 panel, vows to ‘eviscerate’ Democrat narrative — Trump Confidant

Kerik surrenders memos to Jan. 6 panel, vows to ‘eviscerate’ Democrat narrative — Trump Confidant

Kerik surrenders memos to Jan. 6 panel, vows to ‘eviscerate’ Democrat narrative — Trump Confidant

Memos show Trump team planned pressure campaign ahead of Jan. 6 to shame governors and state officials into investigating suspected election irregularities.

By John Solomon

Then-President Donald Trump’s team assembled a 10-day pressure campaign in December 2020 hoping to shame governors and state legislators into officially investigating allegations of Election 2020 irregularities, according to memos newly turned over to Congress by former New York Police Commissioner and Trump confidant Bernard Kerik.

The strategy called for “protests” at governors’ mansions and the homes of politicians ranging from secretaries of states to “weak” congressional members in key battleground states, the memos show.

The documents, turned over Friday night under subpoena to the House’s Jan. 6 commission, are remarkable in part because they show the primary focus of the Trump team leading up to the Jan. 6 certification of the 2020 vote – an event that turned violent when pro-Trump protesters stormed the Capitol – was to get “support for hearings” to probe allegations of voting irregularities Trump’s team had received but not vetted.

Language in the memos even shows that the legal team, led by former New York City Mayor Rudolph Giuliani and assisted by an investigative and research team led by Kerik, was even open to the possibility that there was not enough irregularities to change the outcome of Democratic challenger Joe Biden’s win.

One goal was to find “what works to prove the elections numbers are right or wrong,” according to a strategy memo that laid out an action plan from Dec. 27, 2020 to Jan. 6, 2021.

“We Have 10 Days To Execute This Plan & Certify President Trump!” the memo declared.

While the team expressed confidence Trump would be declared the winner if the allegations were investigated, the strategy was primarily focused on getting legitimate probes started in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin, the memos show.

The goal was to get states to conduct investigations that gained “access to the voting machines for forensics analyses,” review ballot signatures using artificial intelligence and vet paper ballots to “determine valid paper, creases from folding for mailing, ink type, (and) whether ballot was filled out by hand or machine,” the memo said.

Democrats leading the Jan. 6 commission repeatedly have said they believed Trump and his team simply created a “big lie” about non-existent voter fraud in a bold effort to overturn legitimate election results showing Biden won.

But Kerik’s lawyer wrote in a cover letter transmitting the documents that the evidence his client turned over provided a far more nuanced portrait of a team that catalogued a long list of unvetted election allegations and simply wanted them formally investigated before the final vote was certified Jan. 6.

“While I appreciate the partisan interests in constantly repeating phrases such as the ‘Big Lie’ or ‘false claims of election fraud,’ the reality is that the claims of election fraud were never fully investigated,” attorney Timothy Parlatore wrote the committee.

“Without a proper investigation, it is impossible for anyone to state with certainty either that President Biden stole the election through widespread fraud, or that President Trump promoted false claims of election fraud,” he also said.

Parlatore also gave a glimpse into potential testimony that Kerik could give to the committee, saying his client did not believe it would be appropriate for Vice President Mike Pence to simply certify an alternate slate of electors and declare Trump the winner in the absence of proven voter fraud.

“To be clear, while it has been reported that some may have pushed a plan for then-Vice President Pence to certify alternate slates and declare Donald Trump the winner on January 6, this is not Mr. Kerik’s understanding,” Parlatore said.

“His goal was to provide sufficient evidence through his investigation or prompt a DOJ investigation specifically to ensure that the election results accurately reflected the will of the people,” Parlatore also said. “His hope for January 6 was for sufficient evidence to be presented which would result in a delay of the election certification to ensure accuracy, not a subversion of the process.”

The documents provided Friday night are the first productions from Kerik, but several issues remain unresolved between the potential witness and the committee, led by Democratic Rep. Bennie Thompson of Mississippi.

Kerik’s lawyer provided to the lawmakers a log identifying documents he is presently declining to provide because they are covered by attorney-client privilege that Trump must waive.

In addition, Kerik has said he is willing to testify but insists that testimony be public, not behind closed doors.

Parlatore said his team has secured from Trump a “conditional waiver” to release all the documents but that it was “conditioned on Mr. Kerik testifying at a public hearing, a condition that your Committee has thus far refused to accept.”

“I will continue to work with your investigative counsel and counsel for President Trump to see if we can reach an agreement that will allow all remaining documents to be disclosed,” he also said.

Parlatore said he and his client believe the committee has drawn three conclusions prematurely:

  • There was no widespread fraud in the 2020 election;
  • The Trump campaign knew that;
  • Advisers chose to “knowingly push false claims of election fraud in an effort to subvert the constitutional process and overturn the will of the people.”

“The information that Mr. Kerik can provide, presuming we can resolve the privilege issues, will undermine confidence in the first presumption and will eviscerate the second and third presumptions,” the lawyer wrote.

The memos Kerik turned over, which were reviewed by Just the News, included a now well known catalog of mostly unvetted allegations in the six most contested battleground states.

Some allegations itemized in the memos have since been debunked, such as voting machines changing votes or fake ballots being hidden under a table at an Atlanta counting station.

But other irregularities flagged in Kerik’s memos have been verified in the months since Biden was certified the winner.

For instance, one irregularity flagged in the Kerik memos states that in Wisconsin 226,000 voters skipped vote ID requirements for their absentee ballots in 2020 by declaring themselves “indefinitely confined” by the pandemic when in past elections the number was infinitely smaller.

The vote difference between Biden and Trump in the state was just 20,000 votes.

“Indefinitely Confined has always been strictly administered, and was designed for nursing homes and home confinement,” the memo stated.

The Wisconsin Supreme Court subsequently has ruled election regulators in the state wrongly gave permission to large numbers of voters to declare themselves “indefinitely confined” when they did not meet the legal definition.

Likewise, the memos flagged thousands of ballots in Arizona’s largest county that appeared suspicious. A subsequent audit by the Arizona Senate concluded more than 50,000 ballots in Maricopa County were suspicious and referred them for further investigation by the state attorney general.

_________

RELATED ARTICLE

Jan. 6 committee backs down on some Trump document requests after Biden administration objects

*********

(TLB) published this article with permission of John Solomon at Just the News.  Click Here to read about the staff at Just the News

Some emphasis and pictorial content added by (TLB)

Header featured image (edited) credit: Kerik/Getty image

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The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)

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Big Pharma Documents reveal variety of Product side effects

Big Pharma Documents reveal variety of Product side effects

Pfizer documents reveal variety of vaccine side effects

Documents released by the Food and Drug Administration (FDA) reveal that drugmaker Pfizer recorded nearly 160,000 adverse reactions to its Covid-19 vaccine in the initial months of its rollout.

(RT-USA News)  The documents were obtained by a group of doctors, professors, and journalists calling themselves Public Health and Medical Professionals for Transparency, who filed a Freedom of Information Act (FOIA) request with the FDA for their release.

The first tranche of documents reveal that as of February 2021, when Pfizer’s shot was being rolled out worldwide on an emergency basis, the drugmaker had compiled more than 42,000 case reports detailing nearly 160,000 adverse reactions to the jab.

Aaron Kheriaty, MD@akheriaty

7:43 PM · Dec 11, 2021

These reactions ranged from the mild to the severe, and 1,223 were fatal. The majority of these case reports involved people aged between 31 and 50 in the United States.

More than 25,000 nervous system disorders were reported, along with 17,000 musculoskeletal and connective tissue disorders and 14,000 gastrointestinal disorders. A range of different autoimmune conditions were reported, along with some peculiar maladies, including 270 “spontaneous abortions,” and incidences of herpes, epilepsy, heart failure and strokes, among thousands of others.

These side effects were previously known, and have all been logged on the Centers for Disease Control and Prevention’s Vaccine Adverse Event Reporting System (VAERS) database, which as of Sunday has tracked 3,300 deaths following vaccination with Pfizer’s vaccine, a figure broadly in keeping with the company’s own data.

Critics say that some of these deaths cannot be conclusively linked to vaccination, while others argue that the true number of deaths and adverse effects is underreported.

Critically, Pfizer’s documents were used by the FDA to declare the company’s jab safe, which it did for Americans aged 16 and older in August. It has since been approved for children as young as five, and booster doses for people aged 16 and up were approved last week.

The FDA says it may take until 2096 to release all 451,000 pages it used to approve Pfizer’s vaccine.

In the face of the more transmissible and apparently more vaccine-resistant Omicron strain of the coronavirus, the US government has continued to tout vaccination as key to defeating Covid-19. So too has Pfizer CEO Albert Bourla, who said on Wednesday that a fourth shot of his company’s vaccine may be needed to keep immunity levels up.

With one South African study showing Pfizer’s vaccine up to 40 times less effective against Omicron than previous variants, the company says it could have an Omicron-specific vaccine on the market by March 2022.

__________

RELATED FROM RT

BioNTech CEO replies to claims he refused vaccination

*********

(TLB) published this article from RT-USA News

Header featured image (edited) credit: Needle/logo/© Reuters / Dado Ruvic

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The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)

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Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.

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New York Times Colludes With Corrupt DOJ To Steal Legal Documents From A Journalist Suing NYT

New York Times Colludes With Corrupt DOJ To Steal Legal Documents From A Journalist Suing NYT

A New York judge laid down the hammer on The New York Times by temporarily blocking the newspaper from publishing articles about internal documents from Project Veritas, which sued the newspaper for defamation last year. Project Veritas is a conservative media organization.

Westchester Supreme Court Justice Charles Wood’s ruling comes after a story last week by The Times published details from internal Project Veritas documents. A lawyer for Project Veritas suggested federal authorities leaked these documents to the Times after obtaining them during Department of Justice raids of three Project Veritas journalists’ homes earlier this month. 

The DOJ claims the raids were part of an investigation into a diary by a Joe Biden family member. Project Veritas head James O’Keefe says his organization was offered the diary but decided not to report on it after an internal investigation.

The conservative media organization says it gave the diary to law enforcement and denied having anything to do with its publication by another right-wing site. Project Veritas said the Times “circumvented” the lawsuit’s official discovery process and called the decision to publish the letters “a bare and vindictive attempt to harm and embarrass a litigation adversary by completely disregarding the sanctity of the attorney-client relationship.”

According to a statement from Executive Editor Dean Baquet, The Times plans to challenge the ruling. 

“This ruling is unconstitutional and sets a dangerous precedent. When a court silences journalism, it fails its citizens and undermines their right to know. The Supreme Court made that clear in the Pentagon Papers case, a landmark ruling against prior restraint blocking the publication of newsworthy journalism. That principle clearly applies here. We are seeking an immediate review of this decision,” Baquet wrote.

The order prohibits the Times from publishing “any of Project Veritas’ privileged materials” until Woods rules in a hearing set for Nov. 23.

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Real Clear Investigations: The “Big Tech” File

Real Clear Investigations: The “Big Tech” File

Real Clear Investigations: “Big Tech” File

Wall Street Journal

Facebook Inc. knows, in acute detail, that its platforms are riddled with flaws that cause harm, often in ways only the company fully understands.

That is the central finding of a Wall Street Journal series, based on a review of internal Facebook documents, including research reports, online employee discussions and drafts of presentations to senior management.

Time and again, the documents show, Facebook’s researchers have identified the platform’s ill effects. Time and again, despite congressional hearings, its own pledges and numerous media exposés, the company didn’t fix them. The documents offer perhaps the clearest picture thus far of how broadly Facebook’s problems are known inside the company, up to the chief executive himself.

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Facebook Files, Pt. 3: The Anger Algorithm Keach Hagey, Jeff Horwitz, WSJ

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(TLB) published this report from Real Clear Investigations

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Left-Wing activist charged in Capitol riots, video captures him saying ‘…it’s time for a revolution’

Left-Wing activist charged in Capitol riots, video captures him saying ‘…it’s time for a revolution’

Left-wing activist John Sullivan who participated in the deadly Capitol Hill riots is now the subject of a criminal complaint for his participation in the events and has been arrested, the Justice Department stated. Sullivan had told numerous news outlets after the riots that his participation was merely as a journalist and observer. His own video shows otherwise.

The FBI’s complaint reveals that Sullivan was an agitator in the riots that took the lives of five people, including a Capitol Hill Police officer who was beaten and a retired Air Force Veteran who was shot. This isn’t the first time for Sullivan. According to the affidavit on July 13, 2020, Sullivan “was charged with Rioting and Criminal Mischief by the local law enforcement authorities in Provo, Utah, based on his activities around a June 30, 2020, protest in which a civilian was shot and injured. The case is still pending.”

Sullivan had followed a pro-Trump mob into the Capitol and told Fox News during an interview that he was there to “document” the siege.

Sullivan – who was been arrested by the FBI – was heard riling up protesters in video he provided to the FBI, according to a federal criminal complaint. The FBI first saw the video Sullivan shared on his YouTube and Twitter accounts under the pseudonym Jayden X.

According to Fox News he remains in custody in Toeele County, in his home state of Utah, on a U.S. Marshals Service hold request.

In the complaint “on or about January 6, 2021, Sullivan knowingly and willfully joined a crowd of individuals who forcibly entered the U.S. Capitol and impeded, disrupted, and disturbed the orderly conduct of business by the United States House of Representatives and the United States Senate.” The affidavit was signed by FBI Special Agent Matthew Foulger, who noted that Sullivan had entered the Capitol, a restricted building, under violent entry or disorderly conduct.

It also noted that the “United States obtained a video of Sullivan, posted on YouTube, in which, while attending a protest in Washington, D.C., Sullivan can be seen telling a crowd, over a microphone, ‘we about to burn this shit down,’ ‘we got to rip Trump out of office . . . fucking pull him out of that shit . . . we ain’t waiting until the next election . . . we about to go get that motherfucker.’ Sullivan then can be seen leading the crowd in a chant of, “it’s time for a revolution.”

According to the complaint Sullivan was interviewed by the FBI on Jan. 7, a day after the riots.

The complaint noted that Sullivan, “participated in a voluntary interview with a Federal Bureau of Investigation Special Agent in Washington, D.C. Sullivan identified himself to the agent and provided identifying information, including his date of birth, address, social media identifiers, and phone numbers. In the interview, Sullivan stated that he was in Washington, D.C. to attend and film the “Stop the Steal” March on January 6, 2021. Sullivan claimed to be an activist and journalist that filmed protests and riots, but admitted that he did not have any press credentials.”

During the interview with the FBI Sullivan “admitted that he did not have any press credentials.” He was also “wearing a ballistic vest and gas mask while there. He showed the interviewing agent the ballistic vest. He further stated that he entered the U.S. Capitol with others through a window that had been broken out. Sullivan stated he followed the crowd as the crowd pushed past U.S. Capitol Police and followed the crowd into the U.S. Capitol.”

You can follow Sara A. Carter on Twitter @SaraCarterDC

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