We fixed the keg said:
Am I completely missing the boat here? Is Durham basically saying, all of this confidential information was being actively shopped through media circles and the FBI but now the information is attorney/client privileged information?
That's what the defense is trying to claim.
It's not, but they have no other defense to keep those 38 emails out of court
ETA: The background on these emails is Durham subpoenaed all the communications between Fusion, DNC, HRC, HFA, Elias, Sussmann, Joffe, Dogan, and Seago. They turned over thousand of emails, but withheld 38 emails claiming privilege. Problem is HRC DNC were claiming work product privilege, Elias and Sussmann were claiming Attorney Client privilege, when that was question, Elias jumped up and said Perkins Coie hired Fusion GPS for "Legal Advice" but problem is no one a FGPS is an attorney, and FGPS isn't a law firm. So all the conflicting privilege cancel out each other, compounded by the fact there are emails that they produced that show them pushing this "work product" to the media, so that privilege claim is blown out of the water on its merit alone.
People sleep peaceably in their beds at night only because hard men stand ready to do violence on their behalf.