Anonymous ID: 6c6443 May 12, 2022, 12:33 p.m. No.16262260   🗄️.is đź”—kun   >>2507 >>2548

>>16262225

>>16262195

 

''FUCK OZ''

 

https://threadreaderapp.com/thread/1524462035970502656

Anytime you see a seconds-long video clipped mid-sentence, you should think twice about believing it. It is 2022, after all.

 

Here's the part of the @Kathy4Truth video you haven't seen–the part where she DEMOLISHES the cop bashers and racists. [1/2]

Anonymous ID: 6c6443 May 12, 2022, 12:58 p.m. No.16262393   🗄️.is đź”—kun   >>2413 >>2495 >>2661 >>2798

https://technofog.substack.com/p/fusion-gps-loses-its-fight-over-privileged?s=r

 

https://twitter.com/Techno_Fog/status/1524839974436229158

 

Fusion GPS loses its fight over "privileged" documents

technofog.substack.com/p/fusion-gps-loses-its-fight-over-privileged

 

''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.

 

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The other emails.

 

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

 

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.

 

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” such as the crime-fraud exception. (Communications are not considered privilege 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.

 

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.

Anonymous ID: 6c6443 May 12, 2022, 1:01 p.m. No.16262417   🗄️.is đź”—kun   >>2430 >>2555 >>2661 >>2798

John Durham’s Pyrrhic Privilege Victory

emptywheel.net/2022/05/12/john-durhams-pyrrhic-privilege-victory

 

May 12, 2022/5 Comments/in 2016 Presidential Election, Mueller Probe /by emptywheel

 

As I predicted might happen, Judge Christopher Cooper has ruled that a chunk of the Fusion GPS emails over which the Democrats claimed privilege are not privileged and ordered Fusion to give the emails to Durham.

 

Applying the two asserted privileges to the 38 emails it has reviewed, the Court finds that Fusion GPS had no valid basis to withhold 22 of the 38 emails, but that it has met its burden to establish privilege over the remaining 16. The Court analyzes each category separately.

 

[snip]

 

Consistent with this ruling, Fusion is directed to provide the Special Counsel the documents numbered 2–11, 15, 16, 19–21, and 24–30 in the privilege log accompanying the government’s motion by Monday, May 16, 2022.

 

But because Durham blew all his deadlines, he can’t use these emails at trial.

 

Based on the above timeline, the Special Counsel waited some eight months after it was aware of the privilege holders’ final position to seek court intervention. See Def’s Resp. at 6–7, ECF No. 71. The Special Counsel responds that it was engaged in good faith discussion with the privilege holders to resolve this issue without burdening the Court. That may well be so, and the Court obviously encourages parties to negotiate disputes on their own. Still, the record shows that these discussions ended in January 2022—yet the Special Counsel waited to file this motion until April 6, 2022, just over a month before trial was set to begin. And, given the number of privilege holders involved and the fact-bound nature of the issues, resolving the motion has naturally taken us to the eve of trial.

 

Under these circumstances, allowing the Special Counsel to use these documents at trial would prejudice Mr. Sussmann’s defense. See Armenian Assembly of Am., Inc. v. Cafesjian, 772 F. Supp. 2d 129, 158–59 (D.D.C. 2011) (production of documents “on the eve of trial . . . forced Defendants to spend a significant amount of time and resources reviewing these materials instead of preparing their witnesses, rehearsing their arguments, and otherwise preparing”). Although these documents are relatively few in number and do not strike the Court as being particularly revelatory, the Court is not in the best position to predict how new evidence might affect each side’s trial strategy and preparation. The Court therefore will not, as a matter of principle, put Mr. Sussmann in the position of having to evaluate the documents, and any implications they might have on his trial strategy, at this late date. See United States v. Alvin, 30 F. Supp. 3d 323, 343 (E.D. Pa. 2014) (granting defendant’s motion to dismiss indictment on speedy trial grounds, noting that the defendant “was put in the position of requiring” a prior continuance “by the Government’s failure to turn over discovery” until five days before trial); Leka v. Portuondo, 257 F.3d 89, 101 (2d Cir. 2001) (disclosure of evidence on the eve of trial “tend[s] to throw existing strategies and preparation into disarray”)

 

Accordingly, the government will not be permitted to introduce the emails and attachments that the Court has ruled are not subject to privilege. The Court takes no position on the other approximately 1500 documents that Fusion GPS withheld as privileged, as they are not the subject of the government’s motion. However, the Court will apply the principles set forth above to any assertions of privilege during witness testimony at trial.

 

Cooper ruled the 8 emails involving Laura Seago and Rodney Joffe are privileged.

 

Cooper did say these emails were not “particularly revelatory,” so this may not matter in the grand scheme of things. Based on what I’ve seen — as someone who was a Fusion critic before it was fashionable — they believed they were involved in a good faith effort to understand Trump’s ties to Russia and other corrupt actors.

 

But Durham will now go after 1,500 other Fusion emails in pursuit of his grand conspiracy theory. Which means that unless Durham does something really stupid, we may be stuck with him until he lets all his other statutes of limitation expire.

Anonymous ID: 6c6443 May 12, 2022, 1:07 p.m. No.16262454   🗄️.is đź”—kun   >>2495

Judge Bars Fusion GPS Emails from Sussmann Trial

news.yahoo.com/judge-bars-fusion-gps-emails-193255280.html

Isaac Schorr

 

May 12, 2022, 2:32 PM·3 min read

 

District Court judge Christopher Cooper ruled Thursday that none of the 38 emails exchanged between lawyer Michael Sussmann, the Clinton campaign, and opposition research firm Fusion GPS — and submitted as evidence by Special Counsel John Durham — are admissible in Sussmann’s impending trial.

 

Sussmann’s trial for making a false statement to the FBI begins Monday in Washington, D.C. Sussmann told the Bureau’s general counsel, James Baker, that he was not working on behalf of any client when he came forward with alleged evidence of collusion between the Trump organization and the Russian Alfa bank, according to a text message between the two obtained by Durham and revealed in an earlier filing. But time logs from his law firm, also obtained by Durham, show that he was in fact being paid by Hillary Clinton’s presidential campaign at the time.

 

The defense had argued that the emails were all protected by attorney-client privilege and attorney-work-product doctrine. Cooper ruled that only 16 of the messages were protected for those reasons, and directed Sussmann’s attorneys to turn over the remaining 22 messages to Durham. However, Cooper said he will not allow Durham to introduce any those unprotected 22 emails during Sussmann’s trial due to the alleged untimeliness of Durham’s request.

 

Durham was tasked with investigating the origins of the Department of Justice’s investigation into ties between Donald Trump’s 2016 presidential campaign and Russia in 2019.

 

Tech executive Rodney Joffe told Sussmann in 2016 that there was evidence of “communications between internet servers maintained for the Trump Organization and servers belonging to Russia’s Alfa Bank.” Sussman went on to pass that information along to Perkins Coie partner Marc Elias, Fusion GPS, and the FBI in a meeting with Baker.

 

The emails not protected by w0rk-product doctrine or attorney-client privilege “mostly involve internal communications among Fusion GPS employees,” according to Cooper. While the defense argued that the emails could be protected as “work product,” Cooper determined that the communications were not only related to advising the Clinton campaign on the risk of a defamation suit, but also a media relations strategy that “included pitching certain stories, providing information on background, and answering reporters’ questions.”

 

Similarly, Cooper ruled that they were not protected by attorney-client privilege because they were part of a media relations, rather than any legal strategy.

 

Other emails between Fusion GPS employees were ruled to be protected because their purpose could not be determined by the court, so sworn statements from Elias and Joshua Levy, an attorney for Fusion GPS, sufficed in establishing it.

 

The content of still more emails, sent by Joffe to Sussmann and a Fusion GPS employee, was determined to be consistent with Joffe’s brief, which states that “the purpose of the [] communications at issue was to obtain [Fusion’s] assistance in cybersecurity and technical matters to allow Mr. Sussmann to provide [Mr. Joffe] competent, informed legal advice.”

 

None of the emails, protected or not, will be allowed to be entered into Sussmann’s trial, however. Cooper writes that “the Court generally agrees with the defense that the government waited too long to compel production of the withheld emails.”

 

“The Special Counsel waited some eight months after it was aware of the privilege holders’ final position to seek court intervention,” added Cooper, who said that allowing the emails to be used in the trial “would prejudice Mr. Sussmann’s defense,” because his attorneys would need to devote time to reviewing and preparing for the prosecution’s use of them.

 

Cooper also noted that “the Court takes no position on the other approximately 1500 documents that Fusion GPS withheld as privileged, as they are not the subject of the government’s motion. However, the Court will apply the principles set forth above to any assertions of privilege during witness testimony at trial.”

Anonymous ID: 6c6443 May 12, 2022, 1:08 p.m. No.16262466   🗄️.is đź”—kun   >>2495 >>2539

https://freerepublic.com/focus/f-bloggers/4062743/posts

 

John Durham Says FBI, Intelligence Agencies Slowly Producing Classified Materials

Zubu Brothers ^ | 5-12-2022 | Jack Phillips via The Epoch Times

Posted on 5/12/2022, 2:50:34 PM by blam

 

Special counsel John Durham on Tuesday filed court papers saying that the FBI and U.S. intelligence are slowly producing documents related to his case against Igor Danchenko, who prosecutors say lied to investigators about how he obtained information that later appeared in the controversial and discredited Steele dossier that was used against former President Donald Trump.

 

Durham asked U.S. District Judge Anthony Trenga (pdf) to set a new deadline for June 13 from May 13 to turn over classified materials to Danchenko’s attorneys. So far, most of the classified documents have been handed over to Danchenko’s lawyers, although Durham said that “recent world events continue to contribute to delays in the processing and production of classified discovery,” possibly referring to the Ukraine–Russia conflict.

 

“In particular, some of the officials preparing and reviewing the documents at the FBI and intelligence agencies continue to be heavily engaged in matters related to overseas activities,” Durham wrote in the filing, adding that his team is “continuing to press the relevant authorities to produce documents in classified discovery as quickly as possible and on a rolling basis, and no later than the proposed deadline set forth below.”

 

Danchenko, a Russian analyst, was indicted in November for lying to the FBI as it was investigating the alleged Trump–Russia collusion probe. Namely, he is accused of misleading FBI officials regarding the sources of information that he provided to former UK intelligence agency Christopher Steele as he was interviewed several times by bureau officials in 2017 while the agency was attempting to corroborate allegations in the Steele dossier.

 

Steele himself was hired by opposition research firm Fusion GPS to look into claims that were made against Trump and members of his campaign in 2016. Fusion GPS was retained by Democrat Party-aligned law firm Perkins Coie, which was working for the Clinton campaign.

 

Collectively known as the Steele dossier, the former UK spy wrote notes and documents that asserted Trump had ties to Russian intelligence officials to defeat then-candidate Hillary Clinton in 2016. However, numerous claims in Steele’s work were false, triggering congressional, criminal, and inspector general investigations. Trump has said the claims are part of a longstanding witch hunt to denigrate his administration and reelection campaign.

 

Durham’s team alleges Danchenko intentionally misled the FBI when he denied in 2017 that his primary source for the Steele dossier was former Clinton aide Charles Dolan. His trial is scheduled for November 2022.

 

Last November, Danchenko pleaded not guilty, according to his attorney Mark Schamel. At the time, Schamel said that Danchenko’s work as an analyst is “above reproach.”

 

“For the past five years, those with an agenda have sought to expose Mr. Danchenko’s identity and tarnish his reputation while undermining U.S. National Security,” Schamel said in a statement. “This latest injustice will not stand.”

 

But, according to the indictment, Danchenko’s alleged false statements to the bureau “were material to the FBI because … the FBI’s investigation of the Trump Campaign relied” on the dossier to obtain warrants to spy on former Trump campaign aide Carter Page.

 

“The FBI ultimately devoted substantial resources attempting to investigate and corroborate the allegations contained in” the dossier, including whether Danchenko’s sub-sources were reliable,” the indictment said. Steele’s dossier and other information provided by Danchenko “played a role in the FBI’s investigative decisions and in sworn representations that the FBI made to the Foreign Intelligence Surveillance Court throughout the relevant time period.”

 

In the Tuesday filing, Durham said that the government has produced about 5,000 classified documents and some 61,000 unclassified documents to Danchenko’s lawyers. Durham said he believes he has turned over most of the classified materials.

 

The court filing comes as the trial of former Clinton campaign lawyer Michael Sussmann, who had worked for Perkins Coie, is scheduled to start later in May. Sussmann is accused of lying to the FBI, although he’s pleaded not guilty.

Anonymous ID: 6c6443 May 12, 2022, 1:22 p.m. No.16262563   🗄️.is đź”—kun   >>2581 >>2630 >>2729

https://twitter.com/TPostMillennial/status/1524843864334422038

 

Psaki is asked when Biden was first briefed on the baby formula shortage:

 

"I'm not going to get into infernal briefings."

4:08 PM · May 12, 2022·Twitter Media Studio

Anonymous ID: 6c6443 May 12, 2022, 1:45 p.m. No.16262716   🗄️.is đź”—kun   >>2724

>>16262709

>All this talk about baby formula is insanity. Let these lazy bitches start using their damn tits for more than just ornaments. Start using them for what they were intended for. Too many afraid the drugs they use will pass on too the baby? That's quite understandable, perhaps they should stop doing drugs and spreading their legs for ever swinging dick that promises them a dream that will never come but a child and a habit is all they get. One night stands and women who refuse to use precautions and men who are nothing more than boys with a hard dick need to start stroking and stop stalking pussy. That would.surely make a dam big difference to start.

Anonymous ID: 6c6443 May 12, 2022, 1:52 p.m. No.16262751   🗄️.is đź”—kun   >>2766 >>2798

>>16262726

 

https://www.c-span.org/video/?c5014864/senator-rand-paul-blocks-398-billion-ukraine-aid-bill

 

https://www.c-span.org/video/?c5014864/senator-rand-paul-blocks-398-billion-ukraine-aid-bill

 

MAY 12, 2022 | CLIP OF SENATE SESSION

Senator Rand Paul Blocks $39.8 Billion Ukraine Aid Bill

Kentucky Republican Senator Rand Paul blocks passage of the $39.8 billion House-passed Ukraine aid package, citing the impact of deficit spending on the U.S. economy and the need to address domestic priorities. The objection comes after remarks from Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY).

Anonymous ID: 6c6443 May 12, 2022, 1:54 p.m. No.16262766   🗄️.is đź”—kun   >>2781 >>2798

>>16262751

 

MR. PAUL: RESERVING THE RIGHT TO OBJECT, MY OATH OF OFFICE IS TO THE U.S. CONSTITUTION, NOT TO ANY FOREIGN NATION AND NO MATTER HOW SYMPATHETIC THE CAUSE, MY OATH OF OFFICE IS TO THE NATIONAL SECURITY OF THE UNITED STATES OF AMERICA. WE CANNOT SAVE UKRAINE BY DOOMING THE U.S. ECONOMY. IN MARCH, INFLATION HIT A 40-YEAR HIGH. GASOLINE ALONE IS UP 48%, AND ENERGY PRICES ARE UP 32% OVER THE LAST YEAR. FOOD PRICES HAVE INCREASED BY NEARLY 9%. USED VEHICLE PRICES ARE UP 35% FOR THE YEAR, AND NEW VEHICLE PRICES HAVE INCREASED 12% OR MORE. YES, INFLATION DOESN'T JUST COME OUT OF NOWHERE. IT COMES FROM DEFICIT SPENDING. THE UNITED STATES SPENT NEARLY $5 TRILLION ON COVID-19 BAILOUTS, LEADING TO ONE OF THE HIGHEST AND MOST SUSTAINED LEVELS OF INFLATION IN U.S. HISTORY. AMERICANS ARE FEELING THE PAIN, AND CONGRESS SEEMS INTENT ONLY ON ADDING TO THAT PAIN BY SHOVELING MORE MONEY OUT THE DOOR AS FAST AS THEY CAN. THIS BILL UNDER CONSIDERATION WOULD SPEND $40 BILLION. THIS IS THE SECOND SPENDING BILL FOR UKRAINE IN TWO MONTHS, AND THIS BILL IS THREE TIMES LARGER THAN THE FIRST LARGER THAN THE FIRST. OUR MILITARY AID TO UKRAINE IS NOTHING NEW, THOUGH. SINCE 2014, THE UNITED STATES HAS PROVIDED MORE THAN $6 BILLION IN SECURITY ASSISTANCE TO UKRAINE. IN ADDITION TO THE $14 BILLION CONGRESS AUTHORIZED JUST A MONTH AGO. IF THIS BILL PASSES, THE U.S. WILL HAVE AUTHORIZED ROUGHLY $60 BILLION IN TOTAL SPENDING FOR UKRAINE. FOR THOSE WHO SAY THIS IS NOT ENOUGH, FOR THOSE OF NEW THIS CHAMBER WHO SAY THAT OUR MILITARY SPENDING IS NEVER ENOUGH, LET'S PUT $60 BILLION INTO PERSPECTIVE. ACCORDING TO HE WILLIAS USEF, KIEV WOULD BECOME THE LARGEST YEARLY RECIPIENT OF U.S. MILITARY AID OVER THE PAST TWO DECADES. EXCEPT FOR THE FIVE DECADE, IT IS MORE THAN ANY OTHER COUNTRY SPENDS ON THEIR ENTIRE MILITARY EXPENDITURES. IF THIS GIFT TO UKRAINE PASSES, OUR TOTAL AID TO UKRAINE WILL ALMOST EQUAL THE ENTIRE MILITARY BUDGET OF RUSSIA. AND IT IS NOT AS IF WE HAVE THAT MONEY LYING APPEARED. WE WILL HAVE TO BORROW THAT MONEY 234 CHINA TO SEND FROM KLEIN TO SEND IT TO YOUTH THE COST OF THIS IS MORE THAN THE U.S. SPENT DURING THE FIRST YEAR OF THE U.S. CONFLICT IN AFGHANISTAN. CONGRESS AUTHORIZED FORCE AND AND THE PRESIDENT CERTAINTY TROOPS INTO THE CONFIDENT. THIS PROPOSAL TOWERS OVER DOMESTIC PRIORITIES AS WELL. THE MASSIVE PACKAGE OF $60 BILLION DWARFS THE $6 MILLION SPENT ON CANCER RESEARCH ANNUALLY. $60 BILLION IS MORE THAN THE AMOUNT THE GOVERNMENT COLLECTS IN GAS TAXES EACH YEAR TO BUILD ROADS AND BRIDGES. THE $60 BILLION TO UKRAINE COULD FUND SUBSTANTIAL PORTIONS OR ENTIRE LARGE CABINET DEPARTMENTS. IT NEARLY EQUALS THE ENTIRE STATE DEPARTMENT BUDGET. THE $60 BATTALION BILLION EXCEEDS THE AMOUNT FOR THE DEPARTMENT OF ENERGY. AND CONGRESS JUST WANTS TO KEEP ON SPENDING AND SPENDING. OUR ALLIES AND PARTNERS HAVE SENT AID TO UKRAINE. SOME OF THEM EVEN BROKE LONG-STANDING TRADITIONS. OTHERS ARE STEPPING UP TO DEFEND UKRAINE LIKE NEVER BEFORE. IN OTHER WORDS, IT'S NOT ALL ABOUT US. IT ISN'T THAT WE ALWAYS HAVE TO BE THE UNCLE SAM, THE POLICEMAN THAT SAVES THE WORLD, PARTICULARLY WHEN IT IS ON BORROWED MONEY. YET THE UNITED STATES ACCOUNTED FOR NEARLY HALF OF WHAT'S BEEN SPENT SO FAR. WITH A $30 TRILLION DEBT, AMERICA CAN'T AFFORD TO BE THE WORLD'S POLICEMAN. THE U.S. IS TRYING TO RECOVER FROM THE $1.6 TRILLION WE SPENT ON WARS IN THE MIDDLE EAST, NOT TO MENTION THE'D 5 TRILLION BORROWED FOR COVID. WE SHOULD NOT FORGET THAT THE SOVIET UNION COLLAPSED IN LARGE PART NOT JUST IT WAS DEFEATED MILITARILY BUT BECAUSE IT RAN OUT OF MONEY. IN AN ATTEMPT TO SAVE UKRAINE, WE WILL DOOM OR WILL WE DOOM THE UNITED STATES TO SUCH A FUTURE? IN THE PAST TWO YEARS, THE U.S. HAS BORROWED MORE MONEY THAN N.I.H. TIME IN OUR HISTORY – ANY TIME IN OUR HISTORY. WE ARE EXPERIENCING THE GREATEST RATE OF INFLATION IN FOUR DECADES. THE ASSAULT ON MONETARY DISCIPLINE IS UNTENABLE. UNLESS WE PUT AN END TO THE FISCAL INSANITY, A DAVE RECKONING AWAITS US. COPPING SHOULD EVALUATE THE COST OF GOING DOWN THIS PATH. WE CANNOT SAVE UKRAINE BY KILLING OUR ECONOMIC STRENGTH. SO I ACT TO MODIFY THE BILL TO ALLOW A FOR A SPECIAL INSPECTOR GENERAL. THIS WOULD BE THE INSPECTOR GENERAL THAT'S BEEN OVERSEEING THE WASTE IN AFGHANISTAN AND HAS DONE A GREAT JOB. SO THEREFORE I ASK THE SENATOR TO MODIFY HIS REQUEST SO THAT THE SENATE PROCEED TO THE IMMEDIATE CONSIDERATION OF CALENDAR 368, H.R. 7691. FURTHERMORE, THAT THE PAUL AMENDMENT AT THE DESK BE CONSIDERED AND AGREED TO, THE BILL, AS AMENDED, BE CONSIDERED READ A THIRD TIME, AND THE SENATE VOTE ON PASSAGE OF THE BILL, AS AMENDED, WITH A 60-AFFIRMATIVE VOTE THRESHOLD