Judge Rules Fusion GPS Must Turn Over Bank Records | Zero Hedge
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# Judge Rules Fusion GPS Must Turn Over Bank Records

Wheels appear to be in motion across D.C. on several fronts.

- The DOJ is "taking a fresh look" into the Hillary Clinton email 'matter.'
- The FBI has launched a new investigation into the Clinton Foundation the day after the Clinton's Chappaqua property catches fire.
- Former FBI Director James Comey's full Clinton memo was released, revealing felony evidence of changes which "decriminalized" Hillary Clinton's behavior. Oh, and every one of the memos he leaked to his Cornell professor buddy was classified, per a sworn statement by the FBI's "chief FOIA officer" in a sworn declaration obtained by Judicial Watch.
- The House Intelligence Committee will be granted access to "all remaining investigative documents," unredacted, along with all witnesses sought per a deal reached between Deputy Attorney General Rod Rosenstein and Nunes.

> The letter, from Nunes to Rosenstein, summarizes an “agreement” reached on a phone call Wednesday evening and also says key FBI and Justice Department witnesses in the probe will be provided for interviews later this month.

> The agreement comes after the DOJ and FBI faced a Wednesday deadline to comply, under the threat of new subpoenas and even contempt citations. Under deadline pressure, FBI Director Christopher Wray and Rosenstein met Wednesday with House Speaker Paul Ryan, R-Wis., to discuss the demands from the intelligence committee. -Fox News

And now, days after Fusion GPS penned a vigorous self-defense in the New York Times, a Federal Judge struck has down a request by Fusion to block the House Intelligence Committee from obtaining complete banking records in relation to their activities during 2016. Fusion sought to invalidate a subpoena issued by Committee chairman Devin Nunes (R-CA), which they tried to claim was issued illegally as well as a violation of the 1st Amendment. U.S. District Court Judge Richard Leon struck down all four of Fusion's request in his order, which is a great read.

Federal District Court Judge Richard J. Leon

> Didn't Fusion GPS's founders just write an op-ed about how transparent they are? https://t.co/8vB7J4hnG3

> — David B. Cohen (@DavidBCohen1) January 5, 2018

A few highlights from the order:

Judge Leon addressed each aspect of Fusion's request and why he so disagreed, which is why it takes Judges forever to write these things:

1. Fusion asserted that Nunes went rogue and issued the subpoena by himself, "pursuant to no resolution" by the committee, and he recused himself when he had Rep. Mike Conway temporarily take charge of the investigation, therefore Nunes had no authority to request Fusion GPS bank records.

Judge Leon shut that down immediately:

> "Nowhere in this press release did Chairman Nunes "recuse" himself" from the Russia investigation. Instead, he simply designated another Committee member to take charge of the investigation, as permitted by Committee Rules.

2. Fusion then requested that Judge Leon narrow the scope of the release to exclude 10 law firms on the grounds that "[n]one of the law firms about which Intervenor seeks information (other than Perkins Coie and Baker Hostetler) contracted with Fusion GPS to perform work related to Russia or Donald Trump, in any way.

Fusion also alleges that transactions with certain media companies, journalists, and businesses are "not pertinent."

Judge Leon responds, telling Fusion that the mere fact that two law firms paid Fusion GPS for work related to Trump provides a "reasonable basis to believe that Fusion's transactions with other law firms during the same time frame may reveal similarly relevant information," adding "The Committee also has intelligence suggesting that Fusion directed Steele to meet with at least five major media outlets to discuss his work on the Trump Dossier. It is thus reasonable for the Committee to pursue records containing Fusion's transactions with various media companies and journalists to determine whether they, too, had involvement with the Trump Dossier or with Russian active measures."

> the Committee possesses intelligence that links these businesses to Russia and Russian operatives, and thus the transactions between Fusion and these businesses could potentially enable the Committee to investigate the nature of these relationships." -Judge Leon

3. Next, Fusion tried to suggest that if their bank hands over their records, it would infringe on Fusion's first amendment rights to engage in free political speech, free political activity, and free association - as it would reveal the identity of its clients, and thus would hinder them from contracting anonymously with Fusion in the future.

In other words: our other clients are going to be really pissed and we'll lose business because of it.

Judge Leon responds: "Unfortunately for the plaintiff, I cannot agree" - on the basis that Fusion's commercial relationship with its clients does not provide Fusion with "some special First Amendment protection from subpoenas," since it would allow "any entity that provides goods and services to a customer who engages in political activity to resist a subpoena on the ground that its client engages in political speech."

> Surely, to recase a line from the great Justice Robert H. Jackson, the First Amendment is not a secrecy pact! -Judge Leon

4. Lastly, Fusion tried to argue that turning bank records over to Congress would violate 12 U.S. Code § 3401 - Right to Financial Privacy statute which "prohibits banks from releasing customer records to a Government authority," along with "nonaffiliated third party" personal information.

Leon responds: "Ultimately, I find both of plaintiff's arguments to be without merit. How so?"

First, because Fusion "has no rights under the RFPA because it is not a "person" who may qualify as a "customer" for the purposes of that statute, adding "Unfortunately for the plaintiff, the text of the statute equally forecloses Fusion's claim of rights." under the nonaffiliated third party statute.

* * *

In conclusion, Judge Leon rules that the Devin Nunes' subpoena "was issued pursuant to a constitutionally authorized investigation by a Committee of the U.S. House of Representatives with jurisdiction over intelligence and intelligence-related activities -- activities designed to protect us from potential cyber-attacks now and in the future," adding "Thus, because I find all of Fusion's objections to the Subpoena to be unavailing, Fusion cannot satisfy the first factor of its burden for obtaining a preliminary injunction - a likelihood of success on the merits - and I need go no further.

"Plaintiff's motion must therefore be DENIED."

The full filing is below

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## Comments

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Grandad Grumps Jan 5, 2018 9:57 AM

I really like his tie.

More distractions. Matthew 7:13.

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macholatte Grandad Grumps Jan 5, 2018 10:00 AM

Nothing to see here. Move along.
– Jeff Sessions

In reply to I really like his tie… by Grandad Grumps

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Dame Ednas Possum macholatte Jan 5, 2018 10:05 AM

David Cohen... it's time for the Clinton's to pay the piper.

The Expiry Date has long passed.

In reply to … by macholatte

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macholatte Dame Ednas Possum Jan 5, 2018 10:08 AM

In other news:

But if I had a daughter, I might consider giving her a robot as a college graduation present. Preferably one who can do the dishes and guard the door. And yes, I do think women could get spoiled by dashing menbots. Their standards might go up. They might even be lost to the dating pool altogether

I am suggesting that women and men can coexist, but possibly not cohabitate. Men will likely have trouble with things like household chores and remembering to go to the doctor regularly, but they’ll manage.

Maybe Sex Robots Will Make Men, Not Women, Obsolete
https://www.bloomberg.com/view/articles/2018-01-04/maybe-sex-robots-wil…

In reply to David Cohen... it's time for… by Dame Ednas Possum

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Dame Ednas Possum macholatte Jan 5, 2018 10:12 AM

So Luv, the batteries have run flat on your remote control huh?

And you're not sure how to remove that Philips head screw?

Hmmm... I'm sure we can work something out. You better call your girlfriends around to share the benefits...

In reply to … by macholatte

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HopefulCynical Dame Ednas Possum Jan 5, 2018 10:31 AM

Leftist Swamp Rats BTFO.

AHH-HAHAHAHAHAHAHAHAHA

In reply to So Luv, the batteries have… by Dame Ednas Possum

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y3maxx HopefulCynical Jan 5, 2018 11:01 AM

Anyone have logical insight as to what "burned" at Chapaqua?

In reply to Leeftist Swamp Rats BTFO… by HopefulCynical

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Son of Loki y3maxx Jan 5, 2018 11:10 AM

Evidently there were thousands of Clinton documents destroyed in the fire, coincidental like.

However, the bottles of chilled fetal blood and dishes of placenta pudding in the fridge were saved as evidence.

In reply to Anyone have logical insight… by y3maxx

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IH8OBAMA Son of Loki Jan 5, 2018 11:18 AM

What's funny is that I haven't seen Comey or Hillary in the news for some time bragging and attacking Donald Trump. Are they hiding under a rock somewhere before their great fall from grace?

In reply to Evidently there were… by Son of Loki

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house biscuit IH8OBAMA Jan 5, 2018 11:41 AM

.....a notable setback for Fusion GPS, which, in the words of Judge Leon: "I do declares the plaintiff's motion as unacceptable as a bowl of hawg jowls lackin' the grits 'n' gravy"

In reply to What's funny is that I haven… by IH8OBAMA

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Rhal IH8OBAMA Jan 5, 2018 11:43 AM

There is some evidence that they are locked up in Gitmo. No proof yet, but something's up.

In reply to What's funny is that I haven… by IH8OBAMA

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Thought Processor Rhal Jan 5, 2018 11:51 AM

Is Fusion GPS a CIA (or other intel agency) front company? That's the real question everyone should be asking.

Follow the money, as always.

In reply to There is some evidence that… by Rhal

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Dilluminati Thought Processor Jan 5, 2018 12:33 PM

I think that what will happen is that we will see circular evidence, ontological reasoning and recall the FISA judge recusing themselves off of the case

https://www.zerohedge.com/news/2017-12-08/obama-appointed-judge-mysteri…

I'd venture to speculate that ONLY reason a FISA judge would do this is if they knew the original basis of the warrant was subsequently illegitimate and their role in that illegitimate granting could reasonably be questioned.

In reply to … by Thought Processor

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SamAdams IH8OBAMA Jan 5, 2018 1:28 PM

Hillary doesn't get out as much as she used to, you know, now that she is sporting a McCain boot.

Man, these headlines are great. It's just one explosion after another. Looks like the criminals are going down! Hope it is as it seems.

In reply to What's funny is that I haven… by IH8OBAMA

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lakecity55 y3maxx Jan 5, 2018 1:54 PM

The timing of the fire itself is suspicious, due to the amount of previously hidden information of malfeasance appearing.

Now, a lot of fires happen around Xmas, but in the case of the Clintoons, I would suspect some document-burning got out of hand. They probably wanted to destroy documents held in a bedroom safe in close proximity to said safe in order to facilitate the destruction process as well as keeping the documents away from any service staff.

Either way, the criminals were able to destroy the evidence and file an insurance claim to remake the affected rooms(s).

:)

In reply to Anyone have logical insight… by y3maxx

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U4 eee aaa macholatte Jan 5, 2018 10:57 AM

Sooner or later the women will start accusing the robots of rape, years of sexual harassment and slut shaming

In reply to … by macholatte

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hedgeless_horseman U4 eee aaa Jan 5, 2018 11:30 AM

Robots don't rape people, The State rapes The People.

> 19. Read, Anatomy of the State, by Murray Rothbard.

> https://www.zerohedge.com/news/2016-01-06/hedgelesshorsemans-revolution…

In reply to Sooner or later the women… by U4 eee aaa

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DjangoCat U4 eee aaa Jan 5, 2018 11:35 AM

Or the robots will wise up to the slavery they live in at the hands of these selfish women.

In reply to Sooner or later the women… by U4 eee aaa

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HopefulCynical DjangoCat Jan 5, 2018 12:41 PM

The Cybernetic chapter of No MA'AM is forming as we speak...

In reply to Or the robots will wise up… by DjangoCat

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Joe Davola Dame Ednas Possum Jan 5, 2018 10:09 AM

Hopefully it won't take too long for the list of their other clients to be released/leaked.

In reply to David Cohen... it's time for… by Dame Ednas Possum

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Fed Supporter Joe Davola Jan 5, 2018 11:18 AM

Yes hopefully will see which journalists they paid to report GPS's BS in print and on TV. If a journalist needs to be paid to promote the news then it is probably fake news.

In reply to Hopefully it won't take too… by Joe Davola

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Mango327 Dame Ednas Possum Jan 5, 2018 10:11 AM

Weren't we just talking about Weed? Oh yeah, that was theater to distract the idiots for the millionth time while Trump & Co make moves behind the curtain. Jeff Sessions is my boy, he ain't taking no weed. He's about to schlong the Clinton / DNC Cabal. All the Doom-Twats squeal but the truth is... the Storm is upon us. Strap in, bitches. #MAGA #Q

In reply to David Cohen... it's time for… by Dame Ednas Possum

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Miss Expectations Mango327 Jan 5, 2018 10:30 AM

About that Storm...

https://pbs.twimg.com/media/C0ue9qeXEAA_LoV.jpg

In reply to Weren't we just talking… by Mango327

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shuckster Mango327 Jan 5, 2018 1:02 PM

methinks trump plays the wuss every once in a while to get the base riled up. then when he sees how much support he has, he makes his move. just like sesh. he's got that "i'm just a little old man" look on his face all the time to hide the fact that he's getting ready to hammer out some justice

In reply to Weren't we just talking… by Mango327

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shizzledizzle macholatte Jan 5, 2018 10:06 AM

And fuck your states rights.

In reply to … by macholatte

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Joe Davola shizzledizzle Jan 5, 2018 10:15 AM

You channeling Honest Abe?

In reply to And fuck your states rights. by shizzledizzle

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joego1 macholatte Jan 5, 2018 12:17 PM

Dirty cop indeed.

In reply to … by macholatte

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DosZap macholatte Jan 5, 2018 1:17 PM

Repubs already(finally) asking Inept Sessions to step down, he has done NOTHING for Trump, NOT one thing.

In reply to … by macholatte

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spieslikeus macholatte Jan 5, 2018 1:48 PM

Bad week for Democrats? Funny, they're saying it's a bad week for Republicans over on NPR. Oh wait....

In reply to … by macholatte

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mobius8curve Grandad Grumps Jan 5, 2018 10:08 AM

Yep! Please remember even Hillary's indictment will be a distraction as she is an expendable asset that will be used to keep the sheeple looking over there as the lawless bankers fully implement their cashless system:

https://usawatchdog.com/trump-trafficking-eo-voter-fraud-cnn-pot-new-year/

https://sumofthyword.com/2017/01/18/the-mystery-of-lawlessness/

Please remember as Judas Iscariot sold Jesus for 30 pieces of silver so too these bankers are selling us all for the same greed!

Prepare accordingly!

In reply to I really like his tie… by Grandad Grumps

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Wage Slave 927 Grandad Grumps Jan 5, 2018 10:09 AM

The judge told Fusion to go GPS -- Go Pound Sand!

In reply to I really like his tie… by Grandad Grumps

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land_of_the_few Wage Slave 927 Jan 5, 2018 10:59 AM

"Cough up those records, or the kitty gets extradited and ankletagged too. Mr Meow, you are now live on the datalink. Do you understand the possible charges?"

In reply to The judge told Fusion to go… by Wage Slave 927

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Boxed Merlot Grandad Grumps Jan 5, 2018 1:13 PM

...like his tie...

The points on his handkerchief and french cuffed shirt with smartly appointed links is a nice touch too. When did they stop wearing those really cool ropes, I mean robes?

Matt 7:15-16a

In reply to I really like his tie… by Grandad Grumps

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artvandalai Jan 5, 2018 9:59 AM

Man. This is going to end up with some kind of body count. So many people to hit. So little time for the Clintons.

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lakecity55 artvandalai Jan 5, 2018 1:57 PM

"Bill, I'm going to need two silencers for the Foster PPK! I'll burn the first one up on the first hits."
"Awright, Hills, I'll call the gun man."

In reply to Man. This is going to end up… by artvandalai

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Son of Loki Jan 5, 2018 9:59 AM

I'll have to wait to comment until Meryl Creep tells me what to think.

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DjangoCat Son of Loki Jan 5, 2018 11:38 AM

I'll jump right in. Yay!

In reply to I'll have to wait to comment… by Son of Loki

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John Law Lives Jan 5, 2018 9:59 AM

Shackles for Cankles in 2018!

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BlindMonkey Jan 5, 2018 10:00 AM

Pinch me, I'm dreaming.

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cosmyccowboy BlindMonkey Jan 5, 2018 10:12 AM

the big D picked up a rock and threw it dead at the CNN camera and destroyed the illusion.... YOU ARE FAKE NEWS!!!

the curtain has been pulled back exposing the evil old men and women!

In reply to Pinch me, I'm dreaming. by BlindMonkey

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G-R-U-N-T Jan 5, 2018 10:01 AM

- The FBI has launched a new investigation into the Clinton Foundation the day after the Clinton's Chappaqua property catches fire.

"This explains the fire", as one pointed out.

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chubbar G-R-U-N-T Jan 5, 2018 10:07 AM

If the evidence isn't destroyed by now, it's not available to be destroyed. Not even stupid Hillary would be sitting on evidence of her guilt for this long. Same with the FBI and DOJ.

In reply to The FBI has launched a new… by G-R-U-N-T

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G-R-U-N-T chubbar Jan 5, 2018 10:15 AM

Indeed, one would think that, however some in their 'inner circle' just might have saved documents for their own protection. Perhaps leverage, to sing like a bird when the time came, avoiding prosecution, once this house of cards finally collapses.

In reply to If the evidence isn't… by chubbar

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New_Meat G-R-U-N-T Jan 5, 2018 11:33 AM

Did you see how Nunes wrote in his summary that the FBI was a) going to give the Committee everything and b) in the unlikely event that they "discover" some investigation that they were working on that "slipped through the cracks" it would also be brought to the committee's attention.

Swamp Creatures at this level don't go anywhere without their very own "Pearl Harbor File."

Ask Seth Rich.

- Ned

{I had to put that "unlikely event" in there, since we are maintaining the fiction for the childrens' sakes.}

In reply to Indeed, one would think that… by G-R-U-N-T

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I am Groot chubbar Jan 5, 2018 1:16 PM

Apparently these guys are dumber than fuck and arrogant to boot. All of their emails are still being uncovered. They weren't smart enough to cover their tracks well at all. The well of corruption runs deeps and is heavily poisoned. Trump won't stop until the well is dry and emptied. If he doesn't then he'll totally lose his base. Not sure if that little Hobbit reject motherfucker Sessions is on board or not. I can't figure him out yet. He has Deep State written all over him and so does Rosenstein.

In reply to If the evidence isn't… by chubbar

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Government nee… G-R-U-N-T Jan 5, 2018 10:10 AM

Someday, the Clinton's deal with Satan is gonna expire.

In reply to The FBI has launched a new… by G-R-U-N-T

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Non-Corporate Entity G-R-U-N-T Jan 5, 2018 10:39 AM

That was Bill burning his underwear and sheets. That's all.

In reply to The FBI has launched a new… by G-R-U-N-T

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unrulian Jan 5, 2018 10:03 AM

omg this is taking too long....there's way too many un-used lamp posts

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nmewn Jan 5, 2018 10:03 AM

The tires on the Scooby Van just went flat ;-)

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New_Meat nmewn Jan 5, 2018 11:36 AM

I'll ask again, how the fuck does Fusion GPS know about the super-dooper-secret FISA court deliberations? The only secret that the USA.gov can actually keep?

Did you scrape off all of the frozen water yet? ;-)

- Ned

In reply to The tires on the Scooby Van… by nmewn

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