In the document, Durham's team of government lawyers argued that Sussmann's alleged lie to the FBI was a material lie under federal law-and one which skewed the way the FBI handled the material Sussmann provided.
The indictment accuses Sussmann of allegedly "Mak[ing] a materially false, fictitious, and fraudulent statement or representation" before an Executive Branch agency, namely, the General Counsel of the FBI. Durham claims Sussmann falsely told the FBI that the Trump Organization had a "Secret communications channel" with Alfa Bank.
In previous motions, Sussmann argued, in essence, that he didn't lie, and if he did, then what he said wasn't material to the underlying matter he asked the FBI to address.
As set forth in the Indictment, on September 19, 2016 - less than two months before the 2016 U.S. Presidential election - the defendant, a lawyer at a large international law firm that was then serving as counsel to the Clinton Campaign, met with the FBI General Counsel at FBI Headquarters in Washington, D.C. The defendant provided the FBI General Counsel with purported data and "White papers" that allegedly demonstrated a covert communications channel between the Trump Organization and a Russia-based bank.
After arguing to dispatch with Sussmann's legal arguments, Durham's lawyers cut to the heart of the matter: what the FBI would have done had Sussmann allegedly told the full truth.
Here, had the defendant truthfully informed the FBI General Counsel that he was providing the information on behalf of one or more clients, as opposed to merely acting as a "Good citizen," the FBI General Counsel and other FBI personnel might have asked a multitude of additional questions material to the case initiation process.
"[T]he evidence will demonstrate that the defendant's false statement to the FBI General Counsel had the capacity to influence the lawful function of the FBI as it related to the case initiation phase.
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Saturday, March 5, 2022
John Durham Files Motion to Keep Michael Sussmann Case Alive
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