Senator Mike Duffy’s lawyer Donald Bayne speaks to reporters in Ottawa Monday. iPolitics/Matthew Usherwood

Senator Mike Duffy’s lawyer says the senator is the victim of the Conservative party’s political tactics and he has the evidence to prove it.

In a press conference on Parliament Hill Monday, Donald Bayne detailed a series of communications that, he says, not only prove Duffy did nothing wrong, but that the political needs of the Harper government centre have led the party to throw Duffy under the bus.

LIVE Tuesday Duffy, Wallin and Brazeau face suspension Tuesday, Duffy, Wallin and Brazeau face suspension Tuesday, go here to follow developments as they break, starting 11 a.m.

Despite the PMO’s best efforts to push Duffy’s scandal under the rug — which Bayne said included “unconditional and illegal” threats of kicking Duffy out of the Senate if he didn’t comply with their plan — the “political inconvenience” of Senator Duffy’s housing allowances never went away.

“For political reasons, namely because the Tory base, the voting base, would not like this, meaning the optics of the state of Senate rules governing principle residence designation, he had to repay all four years of the living allowance claims,” the PMO allegedly told Duffy.

While Bayne said he will let the evidence speak for itself, he is so far refusing to release the emails and letters, leading some experts to question whether he’s looking for leverage.

Keeping the emails out of the public eye is a political decision that could put Bayne in a better position to bargain, said Carissima Mathen, an Associate Professor of Law at the University of Ottawa.

“If you’re the only one at the moment who has all the emails together, you might be hoping to encourage some kind of deal making by not releasing all the details at once,” she told iPolitics.

Part of the strategy, she added, could also include a political deal like amending the Senate’s motion so Duffy keeps his pension, or some type of agreement to reduce the severity of any Senate imposed consequences.

When asked in question period Monday, the prime minister assured the House that all necessary information has been provided to the RCMP.

“We’ve given all info to authorities looking into this matter,” Harper said during question period.

The prime minister’s repeated refusal to release emails and documents relating to the Senate expense scandal, coupled with the Senate’s suspension motion, said Liberal house leader Dominic LeBlanc, could be an attempt to keep senators from talking. If Harper wants the scandal to go away, LeBlanc said he should “start telling the truth” and reveal the documents.

“This whole move to suspend the senators may very well be about muzzling the senators, about making sure Senator Duffy does not have the opportunity to tell his story,” LeBlanc told reporters after question period.

Monday’s events have further handcuffed the prime minister and his office to the scandal. On several occasions, Duffy’s lawyer alleges the Independent senator was assured by senior Senate officials and individuals in the PMO that he met constitutional residency qualifications. According to Bayne, Duffy was told that it does not matter how much time a senator spends in their home province, or in Ottawa.

“Residence, for the Senate, is what you designate. I checked all of the authorities on the Senate and residency is not defined,” Senator Marjory LeBreton allegedly wrote to Senator Duffy on January 2009, just days after he was appointed.

Listen to the full press conference

The letter from LeBreton, Bayne said, confirmed that in the matter of Senate residency rules, the red chamber is “master of its own house” and that residency for senators “is a sheer designation system.” The Senate housing and travel rules, Bayne said, are unclear.

“The problem is not Mike Duffy, it’s with the existing rules,” he told reporters.

Earlier this year an independent audit recommended Duffy repay $90,000 in inappropriate housing claims. The Deloitte audit found Duffy did not live at his permanent residence. It also revealed he was submitting expense claims when he was on partisan business.

When asked if Duffy was instructed not to co-operate with the Deloitte audit, Bayne responded “In effect, yes.”

Despite Harper’s assurance to the House, Bayne said Duffy’s previous lawyer notified the PMO’s Chris Woodcock of Wright’s alleged offer to compensate Duffy for the repayment of expenses — the infamous $90,000 cheque.

Direction on how to respond to media in regards to the scandal, Bayne said, came from the PMO.

Brandishing communication Bayne says also came from Wright implied other Senators were in a similar situation.

“I am told that you have complied with all the applicable rules and that there will be several senators with similar arrangements. This certainly seems to be a smear,” Bayne quoted an December 2012 email from Wright to Duffy.

It’s unclear what senators Wright was referring to, but it was revealed earlier this month that one of Harper’s most trusted advisors, Carolyn Stewart Olsen, claimed $63,000 in housing expenses during her first year and a half in the Senate. The New Brunswick senator moved to Ottawa in the 1980s, before working for Harper and being appointed to the Senate in 2009.

Duffy, his lawyer said, was born and raised in PEI, and maintained a residence in his home province even when working in Ottawa as a broadcast journalist. Contrary to media reports, Bayne said Duffy’s residence is not a cottage.

“For generations, the Duffys have been PEIers,” Bayne said.

The release of evidence comes in direct response to the Senate’s move to suspend Duffy, Bayne said.

Tomorrow, the Senate will debate a Conservative motion to remove three Independent senators from the Upper Chamber without pay for the duration of the suspension. Duffy, Pamela Wallin, and Patrick Brazeau could find themselves out of the Senate for up to two years, or whenever the current parliamentary session ends. The move has prompted some senators, both Liberal and Conservative, to speak out against the motion, saying it’s unfair and sets a dangerous precedent.

The government motion says the three senators committed “gross negligence,” a concept Bayne says is new and undefined.

“Exactly what is it that is said to constitute this new gross negligence?” he wondered. “I can’t — and (Duffy) can’t — respond or defend himself unless we know the case against him.”

The motion is likely to pass because of the Conservative majority in the Senate. The upper chamber, Bayne said, “intends to act like a mob” by pushing a controversial decision to suspend Duffy without a fair hearing.

All three senators have been given an opportunity to speak on their behalf before a vote on the motion. Bayne refused to say whether Duffy will be present. Last week, Duffy announced he was following the advice of his physicians and going on medical leave for an undefined period of time.

Court documents added to Duffy’s headaches earlier this month when they showed the RCMP believe Duffy paid a friend $65,000 for little or no work. Duffy is being investigated for breach of trust and fraud.