Testimony that suggested the Donald Trump-Russia claims given to the FBI by a Hillary Clinton lawyer may have been fabricated will be struck from the record, along with mention of the email that triggered the testimony, a judge has ruled.
On Tuesday, FBI agent Curtis Heide was presented with an email sent by Rodney Joffe to researchers with the Georgia Institute of Technology dated Sept. 14, 2016.
Jonathan Algor, a prosecutor with special counsel John Durham's team, said asking Heide about the email was "Legitimate" because it followed a series of questions from the defense about David Dagon, one of the researchers Joffe emailed, and the source for the paper in question.
On Wednesday, Cooper said the email itself can no longer be an exhibit.
Berkowitz, Sussmann's lawyer, argued the "Fabrication" quote from Heide had been reported by some media outlets and the only remedy would be to strike all mention of the email in addition to the email itself, as well as forbid prosecutors from bringing it up again.
While "The bell can never be unrung," jurors "Should not be reminded" of the email and the comment, he added.
"While the judge in Flynn's case was eager to remove obstacles from the prosecution's path, the judge in Sussmann's case seems to have created a virtual obstacle course for Durham," Jonathan Turley, a law professor at George Washington University, said in a recent op-ed.
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Thursday, May 26, 2022
Judge Strikes Email, Testimony Suggesting Trump-Russia Claims May Have Been Fabricated
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