latest Durham filing has typo bottom of page six.

But the facts and documents available to the Government to tell a different story.

anon thinks should read: do tell

While counsel for Fusion GPS and the aforementioned privilege holders now seek

retroactively to throw a blanket of privilege over such internal communications and research, this

change of tack lacks support in the law. The above record reflects clearly that Fusion GPS did not

treat as sufficiently confidential in the first place the very categories of information that it now seeks

to withhold from the Government. Fusion GPS therefore did not adequately maintain, and at the

very least has now waived, the confidentiality of the foregoing categories of information. And

while Fusion GPS claims in its Opposition that the Court should exercise its discretion to construe

any waiver narrowly, see Fusion GPS Opp. at 16; In re Sealed Case, 767 F.2d 793, 809 (D.D.C.

April 23, 1982), the Government respectfully submits that Fusion GPS’s repeated and extensive

disclosures to the media and the public on a wide variety of topics over the course of numerous

years counsels against limiting any waiver.

vivid color, kek