From Senator Grassley:
Neither Fusion GPS, led by Glenn Simpson, nor Orbis, led by Christopher Steele, are law firms or attorneys. Fusion GPS also claimed it could not waive the attorney-client privilege, but clients in such a relationship can. So, it is unclear how attorney-client privilege could apply. The firm could not explain how its work was in preparation for litigation, which is required to obtain attorney work product protections. Moreover, given the firm’s efforts to share the dossier with journalists and members of Congress, it was clearly not the firm’s intention to keep the client-funded opposition research confidential.
Reading Grssley’s letter(7 Jun 2017) to Fusion I find this paragraph telling:
“Regarding your claim of attorney work product privilege, your attorney has failed to explain how Fusion’s work was completed in anticipation of litigation. On a phone call with Committee staff, your attorney vaguely indicated that Fusion’s work was done in anticipation of the FBI’s investigation into Russian interference in the 2016 presidential election. Your attorney’s assertion lacked any detail necessary to properly consider its merit. Moreover, given the circumstances, it appears that Fusion’s work was conducted in anticipation of the presidential election, rather than in anticipation of any litigation—in which case the privilege does not apply.”
That tells me that the dossier was produced specifically to give the FBI and IC a reason to go to the FISA for surveillance of Trump and his staff.
Grassley’s letter https://www.grassley.senate.gov/news/news-releases/chairman-rejects-fusion-gps-excuses-withholding-documents-dossier-