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5 Takeaways From Lawyer Michael Sussmann's Latest Attempt To Get Spygate Charges Dismissed
Judge Christopher Cooper considered a variety of housekeeping matters. Here’s what we learned from Thursday’s hour-long proceedings.
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Sussmann Is Likely to Lose His Motion and Face a Jury
Thursday’s hearing began shortly after 10:00, with Judge Cooper, a Barack Obama appointee, first considering Sussmann’s motion to dismiss the criminal indictment returned in September of last year. That indictment charged the former Clinton Campaign attorney with making false statements to the FBI General Counsel James Baker on September 19, 2016, when Sussmann provide Baker with “white papers” and data ostensibly showing a secret communications channel existed between the Trump organization and the Russia-connected Alfa Bank….
In that motion, Sussmann’s attorneys argue that even if Sussmann had lied to Baker — a fact Sussmann disputes — the lie was not “material.” …
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The Crossfire Hurricane Team Was Inept
Although Thursday’s substantive hearing focused solely on Sussmann’s Motion to Dismiss, the arguments presented revealed several interesting tidbits. For instance, both parties agreed that Baker’s testimony would be that he did not ask Sussmann if he was representing a client; rather, Sussmann volunteered to the FBI General Counsel that he was not there on behalf of any client.
The more intriguing revelation, though, comes from what else theFBI did not ask Sussmann. According to Bosworth, at no point did the FBI ask Sussmann where the data and white papers came from. Bosworth stressed this point to argue that the Special Counsel’s claim that the lie was material was “nonsensical.”
That the Crossfire Hurricane team failed in this basic respect, however, does not help Sussmann….objective FBI agent’s first step would be to determine the data source — proving Comey’s team was anything but reasonable or objective.
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Jury Instructions Will Be Key
The oral argument also revealed just how significant jury instructions will be to whether Sussmann is convicted.
Throughout the argument, Bosworth stressed the defense’s position that for a lie to be “material” it must have a sufficient nexus to the subject of the investigation, rather than be ancillary to the investigation. Further, the purported false statement must be something “that is more than trivial” and “more than negligible.”….
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A Flurry of Motions In the Works
While the jury instruction fight will not happen for some time, there are several other disputes likely to monopolize the court’s time in the interim…
Judge Cooper said he had a few issues of discovery related to classified material to resolve and then asked if there were any issues. At this point, Sussmann’s attorney noted it would be filing various motions, including one related to what is called rule 404(b) evidence……..Bosworth argued that the government’s notice of its intent to present expert testimony was untimely because with a mere six weeks until trial, it does not provide Sussmann time to find an expert to counter the prosecution’s expert…..
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The Case Will Not Be Over Anytime Soon
After this morning’s hearing, one final point is clear: This case will not be over soon unless Sussmann is acquitted.
Soon after he was indicted, Sussmann insisted on a speedy trial, and one is set to start with jury selection on May 16, 2022. If the jury acquits the former Clinton campaign attorney, the case will be over then.
But if a jury convicts Sussmann, he has already previewed several arguments for an appeal, including his claim that his purported lie is immaterial as a matter of law…..
Given Bosworth’s near-flawless execution during Thursday’s argument, even when holding a losing argument,it seems clear that even if Sussmann is guilty, convicting him is not going to be an easy task, and obtaining a conviction that withstands appeal will be even more difficult.
https://thefederalist.com/2022/03/31/5-key-takeaways-from-clinton-lawyer-michael-sussmanns-latest-attempt-to-get-criminal-charges-dismissed/