Michael Sussmann is the Democratic lawyer who is being prosecuted by special counsel John Durham for lying to the FBI. Back in February, Sussmann's attorneys filed a motion to dismiss the case arguing that even if their client lied about who he was working for when he brought information about Trump and Alfa Bank to the FBI, that lie was an "Ancillary matter."
Today, the judge held a pre-trial hearing about the request for dismissal and it sounds as if it didn't go well for Sussmann.
DeFlippis didn't delve into the details of the dispute during the hearing held by videoconference on Thursday, but he gave one example: He said the Clinton campaign was asserting privilege over communications of Rodney Joffe, a tech executive who compiled the data Sussmann shared with the FBI. The campaign has asserted the privilege even over messages it was not copied on, DeFelippis said.
Rodney Joffe is the cybersecurity expert who put together the data which Sussmann brought to the FBI. He was described as "Tech-Executive-1" in the indictment.
One of the questions that has been raised is whether Joffe and Sussmann knew the data they were supplying to the FBI was bogus from the start, i.e. maybe the goal was just to launch an investigation to harm Trump to offset the one into Hillary's emails.
The prosecutor seemed to indicate that Durham's team doesn't plan to argue at trial that the data was fabricated or torqued, but wants the right to do so if Sussmann's team tries to argue to the jury that he was simply passing on information that he had every reason to believe was accurate.
Bottom line, it looks like this case probably is going to trial on May 16 and then we'll find out what Durham has uncovered and whether a jury agrees that Sussmann lied about his employer and, if he did lie, that the lie was more than just ancillary to the nonsense he was providing the FBI..
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Friday, April 1, 2022
In hearing on Sussmann case, Durham's team reveals a little of their plan for prosecution
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