Here’s Your Primer On The Clinton Russia Hoax Trial Heading Into Week Two

Sussmann Trial: May 23, 2022

Trial begins at 9AM

Sussmann Trial: May 23, 2022

Trial begins at 9AM
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— Undead FOIA 3.0 (@UndeadFoia) May 23, 2022

Here’s A Play-By-Play Of The Special Counsel Criminal Case Heading Into Week Two

By: Margot Cleveland, The Federalist, May 23, 2022

Today starts week two in United States v. Sussmann, Special Counsel John Durham’s false statement case against Michael Sussmann. According to the grand jury indictment, Sussmann lied to former FBI General Counsel James Baker when he told Baker he was not acting on behalf of any client when he provided Baker with data supposedly establishing an Alfa Bank-Trump connection, when in fact Sussmann represented both the Hillary Clinton campaign and Rodney Joffe.

After a brief interlude on Friday to accommodate the vacation schedule for a defense witness, former Clinton campaign manager Robby Mook, on Monday jurors will hear again from the government in its case-in-chief. Here’s what happened last week to prepare you for the week ahead.
A Tale of Two Themes

Prosecutors and the defense team began last week by framing their overriding themes for the jury during opening statements.

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“Privilege” served as prosecutors’ one-word refrain as they introduced the case to the D.C. federal jury. “The evidence will show that this is a case about privilege: the privilege of a well-connected D.C. lawyer with access to the highest levels of the FBI; the privilege of a lawyer who thought that he could lie to the FBI without consequences; the privilege of a lawyer who thought that for the powerful the normal rules didn’t apply, that he could use the FBI as a political tool,” government attorney Brittain Shaw told jurors.

The privileged D.C. lawyer and defendant Sussmann executed the plan to politicize the FBI with “a look, a leak, and a lie,” according to the special counsel. The “look” consisted of researchers scouring internet traffic to establish a potential tie between Trump and Russia. The “leak” came after, when Sussmann and tech executive Joffe “leaked the Alfa Bank allegations to a reporter at The New York Times with the hope and expectation that he would run a story about it.”

Then came the lie, the special counsel explained, telling the jury: “You will see that when the reporter didn’t publish this story right away, the defendant and others decided to bring this information to the FBI and to create a sense of urgency, to also tell the FBI that a major news organization was running a story within days. That’s when the defendant requested the meeting with the FBI general counsel and told him that he was not doing this for any client.”

Lawyers for Sussmann told a completely different tale, with the defense’s theme focused on “credentials and concern”—Sussmann’s credentials as “a serious national security and cyber security lawyer” and his genuine concern for national security.

Sussmann spent more than a decade as a federal prosecutor before entering private practice and, even then, Sussmann retained a top-secret clearance, the defense team stressed. Likewise, Sussmann’s client, Joffe, came well-credentialed—an “Internet executi­ve who was the world’s leading cyber expert, the world’s leading expert on DNS data, who was an FBI confidential informant, who had relationships up and down the government.”

Thus, when Joffe approached Sussmann with suspicious data, Sussmann took the concern seriously—more so, his lawyers argued, because at the time stories of a Trump-Russia connection were swirling. That is why Sussmann approached his friend Baker with the Alfa Bank data—to assist his former colleague and to warn the FBI of a news report that was about to hit the wires.

Nothing else makes sense, Sussmann’s attorneys stressed, telling the jurors to ask themselves, “What would Michael Sussmann gain by lying to Mr. Baker? Nothing. What would he lose? Everything. He’d lose his credibility, his relationship with Baker, his security clearance, his livelihood. For what?” In short, “the government’s theory doesn’t make sense,” the defense told the jury.

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