New: Danchenko Files Motion To Dismiss
Igor Danchenko has filed a motion to dismiss, which I unlocked on Pacer tonight.
At first glance…
Danchenko makes some solid points that will cause problems for Durham. Sprinkled in are some clownish suggestions that take away from a pretty solid filing.
When it comes to materiality, this section stood out:
Danchenko brought one of the emails to the FBI for the first interview. The FBI never addressed the discrepancies around the timing of the phone calls or messages he was allegedly sending to Sergei Millian. On a materiality point, Danchenko wins here.
That is part of the issue that stands out. The corrupt FBI agents didn’t pin Danchenko down because they liked what they were hearing.
Likewise, the FBI already knew about Dolan. Their questions, as Danchenko argues, were a bit ambiguous in asking whether Dolan was a source for Steele. Dolan was actually just a source for Danchenko.
It’s a cheap point, but, Danchenko did tell the FBI he was talking generally with Dolan. They never pinned him down on specifics.
Danchenko goes on to point out that Mueller never charged him and a series of weaker arguments.
I will update as I re-read.
The filing is good enough that Durham may have to reveal some new evidence in his filing to oppose this.