Fusion GPS, the impresario of the infamous Christopher Steele[1] dossier, must undergo a deposition in a libel suit brought by a Russian entrepreneur, a federal judge ruled this week.
Judge Ursula Ungaro also ordered Fusion, a Washington investigative firm, to turn over written communications with Mr. Steele[2], who accused the Trump campaign of an “extensive conspiracy” yet to be proven publicly.
Aleksej Gubarev[3] is suing the news site BuzzFeed in U.S. District Court in Miami for publishing the dossier’s final December 2016 memo. Mr. Steele[4] accused him of hacking into Democratic Party computers at the behest of Moscow intelligence.
The Cyprus-based developer of Webzilla computer servers has denied the charge ever since the January 2017 web posting and says it damaged his global businesses.
Fusion, which paid Mr. Steele[5] with money from the Hillary Clinton campaign and Democratic Party, fought in court to avoid being questioned by Mr. Gubarev[6]’s attorneys. Fusion lawyers cited the First Amendment and invasion of privacy into the investigator’s business practices and confidential clients.
But Judge Ungaro rejected just about all of those arguments, meaning a Fusion representatives from its roster of former Wall Street Journal journalists will have to give testimony under oath. Fusion isn’t a defendant.
Mr. Gubarev[7]’s lawyers will be allowed to ask about the hiring arrangement between Fusion and the Democrats and subsequently how Fusion contracted with Mr. Steele[8], a former British spy. Fusion will also be questioned on any communications with BuzzFeed and editor in chief Ben Smith.
“The circumstances of the preparation of the December memo are highly relevant to the truth or falsity of the statements that are at the heart of this case,” Judge Ungaro’s ruling said.
Gubarev[9] can also ask Fusion about all the steps it and Mr. Steele[10] took to obtain dossier information, but can not ask the identify of his Kremlin sources....
Fusion must also turn over its electronic communication with Mr. Steele[11], with sources redacted.Mr. Gubarev[12] won a similar court victory in his London defamation case to depose Mr. Mr. Steele[13]. That deposition taken in June remains under seal, but could be disclosed at trial in November.“The central theme of this litigation thus far has been that anyone with any knowledge of the pertinent facts has been dodging their obligation to provide sworn testimony,” Val Gurvits, Mr. Gubarev[14]’s attorney, told The Washington Times. “Fusion GPS has been delaying the inevitable.“Judge Ungaro is very engaged in this case and she saw through Fusion’s objections. I am certain that Fusion’s testimony will confirm what we have said all along, and what has now been independently established by the U.S. government: that the allegations in the December memorandum of Christopher Steel’s dossier against Alex Gubarev, XBT and