In the wake of this week’s mania in Republican circles, Sussman’s defense lawyers accused the special counsel’s office of having made needlessly provocative claims in order to “politicize this case, inflame media coverage and taint the jury pool.”
By way of a defense, Durham told the court in a new filing, “If third parties or members of the media have overstated, understated or otherwise misinterpreted facts contained in the government’s motion, that does not in any way undermine the valid reasons for the government’s inclusion of this information.”
Implicit in that defense is an acknowledgement that the special counsel’s office does not want to be associated with this week’s hysterics in far-right circles.
What’s more, while the details get a little complicated, one of the key elements that’s emerged this week is that Trump and other GOP conspiracy theorists had a calendar problem: The relevant White House network data appeared to come from the Obama era, before Trump even took office. Durham’s filing from last week didn’t acknowledge this timeline, which led Republicans and conservative media to make assumptions that were wrong.
With this in mind, the new report from the Times added:
Mr. Durham did not directly address that basic factual dispute. But his explanation for why he included the information about the matter in the earlier filing implicitly confirmed that Mr. Sussmann had conveyed concerns about White House data that came from before Mr. Trump was president.
According to the special counsel’s new filing, Durham was exploring Mr. Sussmann’s potential conflicts of interest, one of which involved a lawyer who worked for the White House “during the relevant events that involved” the White House.
That lawyer worked in Barack Obama’s White House, not Trump’s.
All of which is to say, this week’s far-right conspiracy theories were already difficult to take seriously. In the wake of Durham’s new filing, they suddenly look a little worse.