Back in May, we reported on the fight brewing in a DC federal court, where Fusion GPS and Glenn Simpson were trying to keep secret their internal correspondence and records relating to their role in pushing the Alfa Bank/Trump hoax. New court filings indicate Fusion GPS and Glenn Simpson improperly failed to disclose some of their most damning e-mails.
For background, the fight arises out of a lawsuit – Fridman, et al. (Alfa Bank) v. Bean LLC a/k/a Fusion GPS, and Glenn Simpson, where the owners of Alfa Bank have sued Fusion GPS and Simpson for falsely accusing “the Plaintiffs—and Alfa (“Alfa”), a consortium in which the Plaintiffs are investors—of criminal conduct and alleged cooperation with the ‘Kremlin’ to influence the 2016 presidential election.”
The case was filed in October 2017. Litigation has been ongoing for over four years – with Alfa Bank still fighting to obtain written discovery from Fusion GPS that is material to its case. Our previous report had to do with that very discovery dispute. Back in May, Alfa Bank “filed a motion to compel, asking the Court to require Fusion GPS and Glenn Simpson to produce nearly 500 critically important documents improperly withheld as privileged.” (More background here.)
These documents included e-mail correspondence within Fusion GPS regarding the “Alfa Playbook” and showed the early development of the Fusion GPS/Simpson work on Trump/Russia. One would assume this entails the early or emerging thought process of the “intelligence” group as they sought to falsely accuse the Trump campaign of colluding with Russia.
(…) The Latest Developments
Today, the attorneys for Alfa Bank filed this, their “Supplement to Plaintiffs’ Second Motion to Compel Defendants to Produce Documents Improperly Withheld as Privileged.” The motion was filed to inform the court that Fusion GPS and Glenn Simpson (and/or their attorneys) “possess numerous documents responsive to Plaintiffs’ RFPs [requests for production] that [Fusion/Simpson] neither produced nor included in their privilege log.”
(Brief interlude: generally, the parties request and exchange documents in a federal civil case like this. A party can avoid producing documents where they claim a privilege – they just need to typically submit a “privilege log” to the other side. This doesn’t mean the privilege will ultimately prevail.)
What does the latest filing by Alfa Bank reveal?
Fusion GPS/Glenn Simpson (or their attorneys) failed to submit in the privilege log certain communications ultimately uncovered by Special Counsel John Durham. I’ll let the Alfa Bank motion explain: