"Judge Anthony Trenga has issued his order on John Durham's omnibus motion in limine in the Igor Danchenko case which was - as the equivalent motion was in the Michael Sussmann case - a last desperate bid to turn a false statements trial into a conspiracy theory. On all the most substantive issues, including whether Durham will be able to fly a German Ritz Hotel staffer in to testify about the pee tape, which is not charged, Trenga ruled against Durham."
"Unless Durham can prove that Danchenko gave Steele the information on Millian that ties him to the pee tape, prosecutors can't introduce utterly equivocal answers Danchenko gave to the FBI that a pee tape source could be Millian Durham can introduce evidence that Danchenko told Charles Dolan he worked for Steele (though the communications in question show primarily that Dolan knew it), but he can't introduce evidence showing that Danchenko told others he worked for Steele"
Judge Trenga excluded the pee tape allegations as not intrinsic to the charged false-statements offenses and as unduly confusing and prejudicial relative to any probative value. Prosecutors may not introduce Danchenko's equivocal FBI answers suggesting Millian as a pee tape source unless Durham proves Danchenko gave Steele the Millian-related information. Evidence that Danchenko told Charles Dolan he worked for Steele is admissible, but similar statements to others are excluded. A July 26, 2016 Millian email is admissible; two 2020 Millian emails are inadmissible hearsay. Details of a 2009 counterintelligence investigation are excluded as hearsay and prejudicial.
Read at Emptywheel
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