New document from court by Margot Cleveland
Limine, granting in part, denying in part. 1/
2/Most left for trial:
3/ I think the court is misunderstanding the concession here. There is a difference between saying I'm not doing to show there is a link, and saying we agree there is no link or agreeing we won't imply there actually was a link, but we'll see how Durham handles this.
4/ I think Durham was making a more nuanced argument than the court got. That there is a difference between saying the data was falsified (i.e. challenging the accuracy of the data) and saying the data does not show a link.
5/ Durham allowed to put on evidence of FBI's conclusions and steps.
6/ Alfa Bank and other represents cannot testified though:
7/ Nor can CIA testify "extensively" about it's same investigation.
8/ Court then gives Sussmann a heads up on what might open the door. The court's ruling here is very "hedgey" i.e., "length and complex"
9/ DOJ's expert can testify on three specific rulings.
10/ But can't testify about accuracy of data unless Sussmann opens door.
11/Overall a victory for Durham, with Sussmann not getting anything of value excluded, and at trial much may end up in based on what Sussmann does.
12/ I do think there is one disconnect between the court and the parties though: I think Sussmann wants to argue there could have been a secret communications channel between Alfa Bank & Trump. I don't have the transcript (if anyone has posted, please let me know), but I think
13/ Sussmann's team said basically, weren't not conceding there was no channel and that they implied they would suggest that there is still possibility that a channel existed. And that is why Durham wants to show no, there is no channel.
12:02 PM · Apr 25, 2022·Twitter Web App
https://twitter.com/ProfMJCleveland/status/1518614174494085122?s=20&t=gYB78yAx9sKbGxkBWXXUOWyrquqXrFF3rjifeRTvzjs