If we were to just look at the facts of the case against Michael Sussmann, they would all appear to support the charge against him: that he lied to the FBI when he said that he wasn't working for anyone, when in fact he was working for the Clinton campaign.
In the text, Sussmann said, "Jim - it's Michael Sussmann. I have something time-sensitive I need to discuss. Do you have availability for a short meeting tomorrow? I'm coming on my own - not on behalf of a client or company - want to help the Bureau. Thanks." That would appear to be the smoking gun.
Prosecutors will point to the text right before the meeting, as well as Baker's telling other FBI officials right after the meeting that Sussmann had said he was not representing a client.
Prosecutors will not be permitted to argue that Sussmann is guilty of making a false statement solely based on the text.
To convict him, the jury must be convinced that Sussmann made the false statement at the meeting with Baker.
As George Washington University law professor Jonathan Turley said on Fox on Thursday, the jury for Michael Sussmann is a question, too.
That's not good when you need to have all the jurors finding beyond a reasonable doubt that Sussmann made a false statement.
Friday, May 27, 2022
Judge Just Threw Another Roadblock Into Durham's Case Against Sussmann
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