https://www.washingtonexaminer.com/news/justice/russiagate-investigator-believes-durham-cracked-insurance-policy-mystery
Russiagate investigator believes Durham cracked 'insurance policy' mystery
washingtonexaminer.com/news/justice/russiagate-investigator-believes-durham-cracked-insurance-policy-mystery
by Daniel Chaitin, Deputy News Editor |May 22, 2022
https://youtu.be/x7E-bMsQJqQ
Kash Patel, a former top House Intelligence Committee aide, said he believes special counsel John Durham has figured out the "insurance policy" discussed by leading FBI officials in the heat of the 2016 presidential election.
A text message sent by FBI agent Peter Strzok to then-FBI lawyer Lisa Page in August 2016 mentioning an "insurance policy" is integral to what Republican investigators have long suspected to be part of a so-called plot to undermine then-candidate Donald Trump ā a view rejected by ex-top FBI brass involved in the matter. Strzok and Page, who were romantically linked, have filed separate lawsuits against the Justice Department and the FBI for alleged wrongful firing under political pressure and violating the Privacy Act with the release of their text messages, respectively.
00:00
/
01:20
One week into the trial of Michael Sussmann, a former lawyer for Hillary Clinton's 2016 presidential campaign accused of lying to the FBI, Patel said the "damning testimony" heard by the court so far will inevitably have former FBI Deputy Director Andrew McCabe, as well as "lovebirds" Strzok and Page, "concocting an 'insurance plan.'"
"And I think John Durham knows what that 'insurance plan' is. I know we figured it out during Russiagate, and we have tried to educate the American public on it, but it remains classified, partly," Patel told Fox Business anchor Maria Bartiromo on her Fox News program Sunday Morning Futures.
Text messages between Strzok and Page, in which they displayed a negative opinion of former President Trump, were uncovered over the course of the Justice Department inspector general's investigation into the DOJ and FBI's conduct during the investigation into Clinton's unauthorized private email server, which she used while secretary of state.
SUSSMANN TOLD CIA SIMILAR 'CLIENT' LIE IN 2017, DURHAM SAYS
1/
SUSSMANN TOLD CIA SIMILAR 'CLIENT' LIE IN 2017, DURHAM SAYS
The text Strzok sent to Page on Aug. 15, 2016, weeks before Clinton lost to Trump in the presidential contest, read, āI want to believe the path you threw out in Andy's office ā that thereās no way he gets elected ā but Iām afraid we canāt take the risk. Itās like an insurance policy in the unlikely event you die before youāre 40.ā
Both Strzok and Page were later grilled about their messages during testimony to congressional investigators.
Strzok recalled the mid-August 2016 text mentioning an "insurance plan" as being part of a larger conversation about protecting an "extremely sensitive source" as he and Page considered how far to lean into the counterintelligence investigation into possible links between the Trump campaign and Russia, as it was widely viewed that Trump did not have a very good chance of beating Clinton in the election. Page acknowledged the texts were referring to the Russia investigation but said it was a "continuing check-in" to decide how quickly to proceed with the investigation based on the outcome of the election.
Durham began his review of the origins and conduct of the Russia investigation as a U.S. attorney following an appointment by former Attorney General William Barr in 2019. Although Durham left his role as U.S. attorney, the Biden administration let the inquiry continue after Barr appointed him special counsel. The endeavor has long been criticized by Democrats and some legal observers, who claim the inquiry is meant to undercut special counsel Robert Mueller's investigation into ties between the Trump 2016 campaign and Russia. Trump and his allies have championed it as a means to rid agencies such as the FBI of corrupt officials and uncover the role Clinton played in ginning up Trump-Russia collusion concerns, including in the media sphere.
Special counsel John Durham is seen.
(Graeme Jennings / Washington Examiner)
Durham has two active prosecutions. One of them is a case against Sussmann, who was indicted for allegedly lying to the FBI about whom he was representing when, in September 2016, he presented internet data that suggested a now-discredited link between Trump and a Russian bank. Sussmann denies lying to the FBI and has pleaded not guilty. His trial continues next week.
STRZOK PUSHED FALSEHOOD ON TRUMP-RUSSIA INQUIRY ORIGIN IN 2017, NOTES INDICATE
2/
STRZOK PUSHED FALSEHOOD ON TRUMP-RUSSIA INQUIRY ORIGIN IN 2017, NOTES INDICATE
The other prosecution centers on a case against a key source for British ex-spy Christopher Steele's anti-Trump dossier. In addition, Durham has obtained a single guilty plea, which came from former FBI lawyer Kevin Clinesmith, who admitted to altering an email about a onetime Trump campaign aide, Carter Page, under government surveillance. Justice Department Inspector General Michael Horowitz determined the FBIās counterintelligence investigation was filled with serious missteps and errors and concealed potentially exculpatory information from the Foreign Intelligence Surveillance Court. The Justice Department told the FISA court it believed at least the final two of four FISA warrants were ānot valid."
McCabe testified to Congress in 2020 that he was āshocked and disappointedā by the āerrors and mistakesā found in the FISA applications and expressed regret about signing off on one of the renewals. However, he also denied that the FBI's Trump-Russia inquiry was meant to be a "coup," stressing, "We had many reasons at that point to believe the president himself might pose a danger to national security."
McCabe, who was fired from the FBI in 2018 hours before his retirement, said in 2019 he was the one who ordered an obstruction of justice inquiry into Trump after the firing of FBI Director James Comey to ensure the Russia investigation would not "vanish in the night without a trace." Also in 2019, McCabe filed a wrongful termination lawsuit and last year won back his full pension as part of a settlement with the Justice Department. Briefing notes disclosed during Sussmann's trial show McCabe talked about Trumpās ātweet activity" in March 2017 after Trump accused former President Barack Obama of wiretapping Trump Tower.
Patel, who held high-ranking positions in the Trump administration after departing the House intelligence panel, emphasized on Sunday that the timing of the "insurance policy" text is important to consider. "I remind the audience that's in August of 2016, when they were digesting the Steele dossier, when they were running with the Alfa-Bank server nonsense, and when they were getting ready to go to the FISA court," he said. "This trio, who led this, the biggest criminal conspiracy in U.S. history, I believe is in the crosshairs of John Durham."
Patel also predicted there will be more charges in Durham's long-running investigation. "I firmly believe he's got a few more indictments coming this summer," he said.
3/3
https://justthenews.com/government/courts-law/sussmann-trial-enters-second-expected-final-week-durham-team-expected-call
''FBI agent grilled in Sussmann trial about changing story on whether defendant represented DNC''
justthenews.com/government/courts-law/sussmann-trial-enters-second-expected-final-week-durham-team-expected-call
FBI agent Ryan Gaynor told defense attorneys Monday in the trial of 2016 Clinton campaign lawyer Michael Sussmann that he didn't think the defendant was representing any client when he came to the bureau just weeks before Election Day with information he alleged showed Trump-Russia collusion.
Gaynor's testimony followed him telling prosecution attorneys in meetings prior to the trial and during questioning on Monday in the trial, which started last week, that he was unsure about whether Sussmann was representing a client or clients.
Sussmann has been charged by Special Counsel John Durham of allegedly lying to the FBI in September 2016 when as a private attorney he said he was not representing any clients as he gave information to the bureau that he said showed the Trump Organization had a backchannel to Moscow through Russia's Alfa Bank.
Defense attorneys on Monday sought to attack Gaynor's credibility, attempting to show that he appeared to flip-flop on whether he thought Sussmann came to the FBI about the alleged Russia collusion plot as a good citizen or on behalf of clients.
Sussmann at the time was a partner at the Perkins Coie law firm, and according to prosecution evidence was representing the Democratic National Committee and a tech company executive. He has pled not guilty to the charge of lying.
Gaynor said that he had not been asked by the special counsel during his late 2020 and early 2021 meetings for the prove about whether Sussmann came to the bureau on behalf of clients and that he had not reviewed his notes prior to the first meeting.
Gaynor also said the FBI's Chicago field office, which was investigating the Alfa Bank allegation, wanted to interview the source of the allegation but couldn't because of a "close-hold" from senior FBI leadership, which prevented Gaynor from telling those agents that Sussmann was the source.
Gaynor said the FBI looked at data logs between Trump Organization and Alfa Bank email servers and ultimately concluded the alleged communications were in fact from Central Dynamics, a spam marketing company.
Gaynor said that it would have mattered if Sussmann was paid by the DNC or the Clinton campaign, as it might have impacted how the investigation was opened and the close-hold being placed on it.
He also said that if Sussmann brought the information to the FBI from a confidential human source, it would have affected how it was handled and helped to determine if the source was truthful by going to a third party instead of directly to their FBI handler.
Former FBI Counterintelligence Division Bill Priestap also testified briefly on Monday, saying that Sussmann's relationship with the Clinton campaign would have been relevant information but it was not the only factor the FBI would consider in analyzing information it received from a source.
Week two of the trial resumed Monday in Washington, D.C., following a revelation at the close of last week's proceeding that Hillary Clinton OK'd shopping that alleged Trump-Russia collusion to reporters.
Clinton campaign manager Robby Mook said in the courtroom Friday that the Democratic presidential nominee, Hillary Clinton, personally approved the plan to pitch the plot to reporters.
The trial is taking place in U.S. District Court for the District of Columbia before Judge Christopher Cooper.
https://www.washingtonexaminer.com/news/justice/fbi-opened-alfa-bank-inquiry-based-on-referral-from-doj-but-it-came-from-sussmann
FBI opened Alfa-Bank inquiry based on 'referral' from DOJ ā but it came from Sussmann
washingtonexaminer.com/news/justice/fbi-opened-alfa-bank-inquiry-based-on-referral-from-doj-but-it-came-from-sussmann
by Jerry Dunleavy, Justice Department Reporter |May 23, 2022
00:00
/
01:20
The FBI opened a full-fledged counterintelligence investigation into since-debunked Trump-Russia collusion claims just four days after Michael Sussmann pushed the allegations to the bureau.
The electronic communication marking the opening of the investigation cited a āreferralā from the Justice Department rather than saying the Alfa-Bank allegations came from a lawyer for Hillary Clintonās 2016 presidential campaign.
HILLARY CLINTON SIGNED OFF ON SHARING DEBUNKED ALFA-BANK CLAIMS WITH MEDIA
The opening communication, titled āAlfa Bank,ā was authored by FBI agents Curtis Heide and Allison Sands, both of whom may testify this week, and the investigation initiated on Sept. 23, 2016, four days after Sussmann's meeting with FBI General Counsel James Baker.
Sussmann was indicted in September for allegedly concealing his clients ā Clinton's 2016 presidential campaign and āTech Executive-1,ā former Neustar executive Rodney Joffe ā from Baker when he pushed since-debunked claims of a secret back channel between the Trump Organization and Russiaās Alfa-Bank. Sussmann has pleaded not guilty.
Sussmann had worked at the Justice Department in the past, and testimony from Baker last week stated that he had a badge that allowed him access to the FBI.
The case identification was āAlfa Bank, Russia ā Contacts / Agents, Sensitive Investigative Matter,ā and the opening document said it ādocuments the opening of a Full Field Investigation into the network communications between a U.S.-based server and the Russian ALFA BANK organization.ā Enclosed was a āWhite Paper.ā
1/
āOn or about September 19, 2016, FBI received a referral of information from the U.S. DEPARTMENT OF JUSTICE, detailing an unusually configured email server in Pennsylvania belonging to the TRUMP ORGANIZATION,ā the FBI wrote in September 2016. āIn that referral, the DEPARTMENT OF JUSTICE provided the FBI with a white paper that was produced by an anonymous third party. According to the white paper, a U.S.-based server that is owned by the TRUMP ORGANIZATION has been communicating with the Russian-based ALFA BANK organization in Moscow, Russia.ā
Andy McCarthy, a former chief assistant U.S. attorney for the Southern District of New York and now a senior fellow at the National Review Institute, told the Washington Examiner: āThe investigation opening document is totally outrageous. It not only claims that the information came from the Justice Department. It suggests that the Justice Department commissioned and may even vouch for the white paper.ā
The former federal prosecutor added, āTo identify Sussmann as āthe Department of Justiceā is especially outrageous under circumstances where (a) he is a lawyer for the Clinton Campaign, and (b) the representation that got him in the door to meet Baker was that he wasnāt representing anyone (which would include the Justice Department, if he had any such technical tie).ā
Those copied on the FBIās investigative launch document included since-fired agent Peter Strzok, who also authored the opening electronic communication for Crossfire Hurricane in July 2016.
Durhamās 2021 indictment clearly stated, āThe FBI had, in fact, initiated an investigation of these allegations in response to a meeting that Michael Sussmann ā¦ requested and held with the FBI General Counsel.ā
The special counsel has said Sussmann provided Baker with two thumb drives and a number of white papers in hard copy form, including one drafted by opposition research firm Fusion GPS.
Clinton campaign General Counsel Marc Elias hired Fusion, which in turn also hired British ex-spy Christopher Steele in 2016.
The FBI appeared to refer to a white paper as the āpredicating reportā in its opening communication.
āBased on the information above, FBI Chicago has predicated a Full Field Counterintelligence investigation into the activities of ALFA BANK, in order to conduct further investigation regarding the extent and nature of the network communications between ALFA BANK and the TRUMP ORGANIZATION," the bureau wrote.
āThis matter is being treated as a Sensitive Investigative Matter based on the fact that the TRUMP ORGANIZATION is affiliated with a U.S. Presidential candidate."
The FBIās opening communication added, āIn addition, FBI investigation [REDACTED] Crossfire Hurricane was predicated based on an allegation that a member of the TRUMP campaign had received a suggestion from the Russian Government, indicating that the Russian government could help the TRUMP campaign with anonymous information during the campaign, which would be a detriment to the HILLARY CLINTON campaign.ā
Strzok incorrectly claimed in his 2020 book, Compromised, that Australian diplomat Alexander Downer was spurred to inform the U.S. government about a May 2016 conversation he had in London with George Papadopoulos, in which the Trump campaign associate allegedly mentioned he was told Russia might have damaging information on Hillary Clinton, only after hearing then-candidate Donald Trump say in July 2016: āRussia, if youāre listening, I hope youāre able to find the 30,000 emails.ā
2/
The information was actually passed to the FBI the day before Trumpās remarks.
Notes from Associate Deputy Attorney General Tashina Gauhar and Associate Deputy Attorney General Scott Schools indicate Strzok also made that false claim during a March 2017 briefing by the FBI to DOJ officials.
Baker said he did not recall anyone at the March 2017 meeting saying the Alfa-Bank claims had been brought to the FBI by an attorney on behalf of a client.
Baker also testified that he did not remember ever being told that the matter had been referred to the bureau by the DOJ. When asked by prosecutors if that was an incorrect basis for the investigation, Baker said it āmakes absolutely no sense to me.ā
Baker testified he told Strzok the information had come from Sussmann but wasnāt sure if he had told him about the "no client" claim.
DOJ Inspector General Michael Horowitzās December 2019 report on the Trump-Russia investigation revealed the FBI had concluded that there were no links between the Trump Organization and Alfa-Bank by early 2017.
Scott Hellman, an FBI supervisory special agent leading a team investigating cybercrime, testified last week that he and a supervisor retrieved the thumb drives and other information passed to the FBI the day after the Baker-Sussmann meeting and quickly rejected the claims.
He said his document was drafted and then sent to the FBIās Chicago office for a āspecial investigationā there. He said he believes FBI Chicago then opened an investigation.
He said he discussed it with Sands soon after and testified, āChicago had looked at the data further, and they agreed with our assessment ā¦ that there was not a secret communications channel between the Trump Organization and Russia.ā
Durham had said that if Sussmann had told the truth, it could have affected how the FBI chose to proceed, because the source and origins of the information matter. Baker provided similar testimony last week.
Special counsel Robert Mueller, the FBI, the CIA, and a bipartisan Senate Intelligence Committee investigation cast doubt on or rejected the Alfa-Bank claims touted by the Clinton campaign.
Baker testified in detail about Sussmannās alleged lie last week.
He said he would not have met with Sussmann if he had known Sussmann was doing so on behalf of the Clinton campaign.
3/3
https://www.scribd.com/document/575192453/Alfa-Bank-Opening-Electronic-Communication-052122#download&from_embed
https://thefederalist.com/2022/05/23/heres-a-play-by-play-of-the-special-counsel-criminal-case-heading-into-week-two/
COLLUSION
''Hereās A Play-By-Play Of The Special Counsel Criminal Case Heading Into Week Two''
BY: MARGOT CLEVELAND MAY 23, 2022
''13 MIN READ''
Today starts week two in United States v. Sussmann, Special Counsel John Durhamās false statement case against Michael Sussmann.
Author Margot Cleveland profile
MARGOT CLEVELAND
VISIT ON TWITTER
@PROFMJCLEVELAND
MORE ARTICLES
SHARE
Share Article on Facebook
Share Article on Twitter
Copy Article Link
Share Article via Email
Today starts week two in United States v. Sussmann, Special Counsel John Durhamās 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. Hereās what happened last week to prepare you for the week ahead.
A Tale of Two Themes
1/
A Tale of Two Themes
Prosecutors and the defense team began last week by framing their overriding themes for the jury during opening statements.
āPrivilegeā served as prosecutorsā one-word refrain as they introduced the case to the D.C. federal jury. āThe 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 didnāt apply, that he could use the FBI as a political tool,ā government attorney Brittain Shaw told jurors.
The privileged D.C. lawyer and defendant Sussmann executed the plan to politicize the FBI with āa look, a leak, and a lie,ā according to the special counsel. The ālookā consisted of researchers scouring internet traffic to establish a potential tie between Trump and Russia. The āleakā came after, when Sussmann and tech executive Joffe āleaked 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.ā
Then came the lie, the special counsel explained, telling the jury: āYou will see that when the reporter didnāt 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. Thatās when the defendant requested the meeting with the FBI general counsel and told him that he was not doing this for any client.ā
2/
Lawyers for Sussmann told a completely different tale, with the defenseās theme focused on ācredentials and concernāāSussmannās credentials as āa serious national security and cyber security lawyerā 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, Sussmannās client, Joffe, came well-credentialedāan āInternet executiĀve who was the worldās leading cyber expert, the worldās leading expert on DNS data, who was an FBI confidential informant, who had relationships up and down the government.ā
Thus, when Joffe approached Sussmann with suspicious data, Sussmann took the concern seriouslyāmore 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 dataāto assist his former colleague and to warn the FBI of a news report that was about to hit the wires.
Nothing else makes sense, Sussmannās attorneys stressed, telling the jurors to ask themselves, āWhat would Michael Sussmann gain by lying to Mr. Baker? Nothing. What would he lose? Everything. Heād lose his credibility, his relationship with Baker, his security clearance, his livelihood. For what?ā In short, āthe governmentās theory doesnāt make sense,ā the defense told the jury.
What The Government Must Prove
3/
What The Government Must Prove
On Tuesday, the trial began in earnest when the government began calling its witnesses. The court, however, first provided the jury with a few preliminary instructions, telling jurors:
The defendant, Michael Sussmann, is being tried on a single criminal charge: that he willfully and knowingly made a materially false, fictitious, and fraudulent statement or representation in a matter before the Federal Bureau of Investigation; namely, that Mr. Sussman stated to the general counsel of the FBI that he was not acting on behalf of any client in conveying particular allegations, when, in fact, he was acting on behalf of two specific clients, namely Rodney Joffe and the Hillary Clinton Campaign. Mr. Sussman has pled not guilty to that charge.
While following the close of evidence the judge will provide detailed instructions about the facts the government must establish beyond a reasonable doubt for the jury to convict Sussmann, the courtās overview highlighted the necessary elements prosecutors must prove. Specifically, prosecutors must prove that Sussmann āknowinglyā made a āfalse statementā that was āmaterialā to the āFBIās operations.ā
To establish that the defendant made a false statement, the government must show both that Sussmann told Baker during their September 19, 2016, meeting that he was not representing a client and that Sussmann was in fact representing a client, either Joffe or the Clinton campaign or both. Last week, prosecutors presented strong evidence to establish both facts.
Facts On the Prosecutionās Side
4/
Facts On the Prosecutionās Side
First, Baker testified that he was ā100 percent confidentā that Sussmann had claimed during their September 19, 2016, meeting that he was not there āon behalf of any particular client.ā Baker also told the jury that the evening before, in requesting the meeting via text, Sussmann wrote, āIām coming on my own ā not on behalf of a client or company. [W]ant to help the Bureau.ā Prosecutors also admitted a copy of the text into evidence, allowing jurors to see the damning message themselves.
Baker also testified that after meeting with Sussmann he spoke with Bill Priestap, who at the time served as the assistant director of the FBIās Counterintelligence Division, and Trisha Anderson, then the FBIās deputy general counsel, telling them about his discussion with Sussmann.
Later today, Priestap and Anderson are scheduled to testify about notes they took at the time, with Priestapās notes indicating Baker had said Sussmann was ānot doing this for any client.ā Andersonās notes similarly showed Baker relaying that Sussmann had said: āNo specific client.ā
Last week, prosecutors also presented testimony and other evidence to show that while claiming he was not representing a āspecific client,ā in fact Sussmann was working on behalf of the Clinton campaign and Joffe. In questioning Marc Elias, who served as the lead Perkins Coie lawyer for the Clinton campaign, prosecutors elicited testimony that Elias had hired the investigative firm Fusion GPS to assist in opposition research against Trump. Elias later told jurors that he first learned of the supposed Alfa Bank-Trump secret communication channel from Sussmann.
Prosecutors further culled from their questioning of Elias a detailed explanation of billing records that showed Sussmann reporting time spent on a āconfidential projectā to the Clinton campaign around the time of Sussmannās meeting with Baker. Elias also testified that to his knowledge, the Alfa Bank connection was the only project related to the Clinton campaign on which Sussmann was working at the time.
5/
Moreover, while Elias claimed it was not in the Clinton campaignās best interest for Sussmann to have provided the Alfa Bank āintelā to the FBI, Elias acknowledged that lawyers working for the Clinton campaign held great discretion in representing the 2016 candidate. Another prosecution witness, Deborah Fine, who served as āone of several deputy general counselsā for the Clinton campaign, likewise confirmed Fusion GPS, with whom Sussmann worked on the Alfa Bank hoax, had broad discretion to accomplish specific tasks.
Hillary Clinton Approved the Alfa Bank Operation
In addition to Elias and Fine, the special counsel also called to the stand Laura Seago, who during the 2016 campaign had worked for Fusion GPS. Seago testified about her work related to the opposition research undertaken on behalf of the Clinton campaign and specifically of a meeting she attended with Elias, Sussmann, and Joffe at which the Alfa Bank allegations were first discussed. Seago further told the jury that she understood the āAlfa Bank work was related to the broader project for Perkins Coie and the Democratic entity.ā
Under questioning from prosecutors, both Elias and Mook confirmed the campaign pushed the Alfa Bank story to the press. Mook went one step further, testifying that Hillary Clinton had personally āagreed toā the decision to peddle the allegations of a secret communication channel between Trump and the Russian-based Alfa Bank to the media.
While much of the testimony to date has focused on the Clinton campaign and its involvement in pushing the Alfa Bank data, prosecutors also highlighted Joffeās role to bolster the argument that when Sussmann met with Baker, he was also representing Joffe. Steve DeJong, an employee at the then-Joffe-connected tech giant Neustar, told the jury that Joffe had directed him to pull āDNSā data related to Trump and his associates.
6/
Next week, when prosecutors call Georgia Tech researcher Dave Dagon to the stand, Joffeās role in the Alfa Bank hoax will likely be further exposed. Dagon worked with Joffe and served as Fusion GPSās press liaison to explain the complicated data.
What the Special Counsel Must Also Prove
Even if this testimony, and that set for next week, establishes that Sussmann represented the Clinton campaign and Joffe and thus lied to Baker, the special counsel must still prove the lie was āmaterial.ā To be material, the lie must be ācapable of influencing a decisionā of the government actor.
In questioning Baker, prosecutors elicited testimony to further the case that Sussmannās lie mattered, with the former FBI general counsel stating āhe would not have taken the private meeting with Sussmann if he knew Sussmann was working on behalf of the Clinton team.ā Baker also told the jury he had āvouched forā Sussmann in passing on the Alfa Bank information, while treating Sussmann as a sensitive confidential human source and protecting his identity from other agents.
Prosecutors also elicited testimony from FBI Special Agent Scott Hellman to help build the case that Sussmannās lie was material. Hellman, an expert in DNS data, testified that the Alfa Bank data did not support the conclusion of the whitepapers, calling the methodology used āquestionable.ā Hellman further explained that in assessing the data, knowing whether it came from someone with āa political affiliation or motivationā would affect the initial steps of an investigation.
On this latter point, Hellman told the jury he met roadblocks when trying to determine the origins of the data. āI do remember I was frustrated at not being able to ID who had provided these thumb drives to Mr. Baker. He was not willing to tell me,ā Hellman testified last week. When coupled with Bakerās testimony that he would not have withheld Sussmannās name had he known Sussmann was representing a client, prosecutors have already presented sufficient evidence of materiality, but more is likely to come this week.
7/
If Sussmann Lied, Was It On Purpose?
That leaves the final element of proof, concerning Sussmannās state of mind. Section 1001, which criminalizes false statements, requires that the defendant intentionally or knowingly make the false statement. In submitting proposed jury instructions to the court, the government and Sussmann agreed that jurors should be instructed that āan act is done knowingly if it is done purposely and voluntarily, as opposed to mistakenly or accidentally,ā and that āan act is done willfully if it is done with an intention to do something the law forbids, that is, with a bad purpose to disobey the law.ā
To prove Sussmann acted with the requisite intent, the special counsel will need to rely on circumstantial evidence presented to the jury, the strongest of which will be Sussmannās billing records that show he billed his time related to Alfa Bank to the Clinton campaign. Prosecutors also presented testimony from two former CIA employees to bolster the conclusion that Sussmann knowingly lied to Baker.
The first CIA agent to testify, Mark Chadason, explained that in attempting to score a meeting with the CIA, Sussmann claimed he had a client who āwas an engineer with a number of patents, and is most likely a contractor to the [intelligence community].ā Conversely, when Sussmann met with another CIA agent, identified only as āKevin P.,ā Sussmann said āhe was not there for a client.ā
This week the government will likely admit as additional evidence of Sussmannās state of mind his congressional testimony from 2017. During that congressional hearing, when asked about his meeting with Baker, āSussmann testified he passed the information along on behalf of a client, who is a cybersecurity expert.ā While Sussmann did not name Joffe as the client, the description matches the tech expert, and the other evidence of Sussmannās representation of Joffe related to the Alfa Bank matter provides strong support to the claim that Sussmann knowingly lied to Baker.
The Defense Seeks to Confuse the Jury
8/
The Defense Seeks to Confuse the Jury
Seeing the strength in this circumstantial evidence of Sussmannās state of mind, his legal team is pushing for a āgood faith defenseā instruction which, while appropriate in some circumstances, appears proffered to confuse the jury. Specifically, Sussmann seeks an instruction stating, āthe defendantās conduct is not willful if it was the result of a good faith understanding that he was acting within the requirements of the law,ā and that āthis is so even if the statement is, in fact, erroneous.ā
The court has yet to rule on whether to provide Sussmannās proposed instruction on a āgood faithā defense, but if presiding Judge Christopher Cooper accedes to the request, the defense will be able to misdirect the jury from the relevant facts of the case to its theme that Sussmann had a āgenuine national security concernā about the Alfa Bank data and believed he had an obligation to share the information with the FBI.
But Sussmann is not on trial for sharing the data with the FBI. Heās on trial for lying to Baker when he did so. A good faith belief in the validity of the data is irrelevant to the question of whether Sussmann knowingly made a false statement to Baker on September 19, 2016. Under these circumstances, providing the requested instruction to the jury would only confuse the issue.
It will likely be at least another week, however, before the court resolves the jury instruction issues. In the meantime, the special counsel resumes today with its case-in-chief.
9/
https://thefederalist.com/2022/05/23/heres-a-play-by-play-of-the-special-counsel-criminal-case-heading-into-week-two/
Margot Cleveland is The Federalist's senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prizeāthe law schoolās highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.
10/10
https://www.foxnews.com/media/nsba-letter-called-national-guard-military-deployed
''NSBA letter drafts called for National Guard and military to be deployed''
foxnews.com/media/nsba-letter-called-national-guard-military-deployed
National School Boards Association apologizes for letter comparing parents who speak out to 'domestic terrorists'
Parent panel joins 'Fox & Friends Weekend' and tells why they are standing up to the school boards, say they don't want their children indoctrinated with radical ideologies.
BeyondWords
Early demands from the National School Boards Association to the White House included calling for the deployment of the Army National Guard and the military police to monitor school board meetings, according to an early draft letter the organization's independent review released Friday.
In contrast to the final version, the draft of the NSBA letter said, "We ask that the Army National Guard and its Military Police be deployed to certain school districts and related events where students and school personnel have been subjected to acts and threats of violence."
Attorney General Merrick Garland testifies during a Senate Appropriations Subcommittee, April 26, 2022. (Greg Nash/Pool Photo via AP)
The NSBA had originally sent a letter to President Biden in September 2021 that asked for parents protesting at school board meetings to be federally looked into, saying school officials were facing threats and violence at meetings. Most significantly the NSBA requested in its original letter that parents' actions should be examined under the Patriot Act as "domestic terrorists."
Then, on Oct. 4, Attorney General Merrick Garland issued a memorandum instructing the FBI to collaborate with state and local leaders to address "threats against school administrators, board members, teachers, and staff." He went on to say that this collaboration "will open dedicated lines of communication for threat reporting, assessment, and response."
Opponents of critical race theory attend a packed Loudoun County School board meeting, June 22, 2021. (Reuters/Evelyn Hockstein)
BIDEN ADMIN REFUSING TO ANSWER FOIA ON 'DOMESTIC TERRORIST' PARENTS MEMORANDUM, ISSUES MOTION TO DISMISS
The NSBA's early draft also called parents speaking out "plotters who are targeting schools and educators."
Another removed portion cast doubt on whether critical race theory is being taught in schools. It said, "An increasing number of public school officials is facing physical threats because of propaganda purporting the inclusion of critical race theory within classroom instruction and curricula."
Opponents of critical race theory protest outside the Loudoun County School Board headquarters, in Ashburn, Virginia, June 22, 2021. (Reuters/Evelyn Hockstein)
The independent review also showed the collaboration between the NSBA, the White House and the Department of Justice as well as internal responses to the swift blow back.
Hannah Grossman is an associate editor at Fox News Digital. Story tips can be sent on Twitter: @GrossmanHannah.
https://citizenfreepress.com/breaking/biden-has-lost-the-independent-vote/
Biden has lost the independent voteā¦
citizenfreepress.com/breaking/biden-has-lost-the-independent-vote
May 23, 2022
This biden does not have the authority to turn Americaās sovereignty over to WHO. I am a sovereign citizen born in the USA by citizens of USA. I will not relinquish my sovereignty up by any fake President of MY COUNTRY.
What independent voters
Trump won in a land slide
But he still has the machines to flip votes.
I say that the 34% of independents are independently wealthy š
Ahhh, could be!
Yes, but he still has 100% of the fraud vote.
Betcha he has at least 200% of the fraud vote. 100% would not be enough for that garden slog.
As long as he keeps the mule and dominion votes no worries, man.
The cheating doors are closing!
A rational coherent president wod look at these poll numbers and change course. And yet still charging headlong into wokeism/marxism. Its as if they donāt care ā which should generate suspicion: what are they doing behind the scenes?
Dimms donāt careā¦they just want to hold onto power for as long as possible. Like Rush Limbaugh said, IF they could hold power w/out elections every two or four years, they would get rid of electionsā¦period!
What in the hell is wrong with the 34% of the people who support him?
Thereās a segment of āindependentsā that are really libs but wonāt admit it.
Ya, those kind of Independents want to look smart and thoughtful . . but theyāre not!
-Apparatchiks of the State.
-People from families that have never ever voted for someone who is not a democrat since the Jackson administration.
-Lunatics
I think that sums it up.
I forgot to include people who lie to pollsters just because.
I swear, based on how there always seems to be at least 34% in favor of horrible Dem policies I think 34% would favorably respond to anything as long as a Dem proposed it, up to and including their own train ride to the special camp.
Would all you normal Democrats in Georgia please get motivated tomorrow Tuesday May 24th and go vote in the Republican Primary for David Perdue and off-set the communists in your Party who are bound to go vote for Brian Kemp thereby guaranteeing your fellow Countrymen that one of the two main culprits in the Stolen 2020 election is your Governor in Georgia. Can you please see whatās going on and help us out. This is why Stacey Abrams is un-opposed ā so the useful idiots can go and do this for Brian Kemp, and the political class can laugh their asses off at us as we wallow in impotence.
You can stick it to them !
Do it !
ILLEGAL ā CRIMINAL ā USURPER ā TRAITOR ā FOREIGN ENEMY CONTROLED ā DEMONIC ā DESTROYER ā LIAR ā TAKER OF SOULS.
https://pjmedia.com/news-and-politics/victoria-taft/2022/05/23/sussmann-trial-week-2-it-was-hillary-in-the-back-room-with-the-chardonnay-bottle-n1599896
''Sussmann Trial Week 2: It Was Hillary, In the Back Room, With the Chardonnay Bottle''
pjmedia.com/news-and-politics/victoria-taft/2022/05/23/sussmann-trial-week-2-it-was-hillary-in-the-back-room-with-the-chardonnay-bottle-n1599896
News & Politics
By Victoria Taft May 23, 2022 11:40 AM ET
Weāre back for week two of special counsel John Durhamās prosecution of Michael Sussmann for lying to the FBI. Week oneās revelations included the fact that Hillary Clinton officially gave the green light to the disinformation attack on Donald Trump and his āconnectionā to Russia, according to her former campaign manager, Robby Mook. Our suspicion was finally confirmed in this scandalous game of Clue that cost the American taxpayers $40 million, wasted the time of 40 FBI agents, dragged Americans before federal agents to explain themselves, and involved untold hours of spying on U.S. citizens. And that was just special counsel Bob Muellerās part in it.
In this game of Clue, it was Hillary, in the back room, with the chardonnay bottle.
Donald Trumpās campaign, his reputation, and his Administration lay in a bloody heap on the floor as the Democrat Party, Hillary Clinton, and all of her minions laughed while dragging the country through this farce. The institutions of the DOJ, FBI, and CIA and a special counsel appointment were put in the service of Hillary Clinton, undermining their reputations just to look good for the boss. Absolute treachery.
Sussmann is accused of lying about working on behalf of his clients, Hillary Clinton and the DNC, when he went to the FBI with what he knew was disinformation ā oppo research ā to get the law enforcement agency to investigate Trump. And how could they not? She was going to be president ā their boss.
Here are some of the other things we learned in last weekās testimony, in what is expected to be a two-week trial.
The jury is full of Left-leaning D.C. residents who gave money to Hillary and AOC.
Mookās testimony opened the door to using supporting evidence showing the disinformation feedback loop used to peddle the story ā something the Durham team was forbidden to do by Obama-appointed Judge Casey Cooper.
The FBI cyber expert thought the āresearchā tying the Trump organization to Russiaās Alfa Bank was fake.
Durham is giving the FBI cover by presenting a case that makes the agency look as though they were duped.
FBI General Counsel James Baker was ā100% confidentā Sussmann lied to him about serving a client when he brought the disinformation.
Two CIA agents testified that Sussmann tried to peddle the disinformation to that agency. One was told it was for a client, which is important to Sussmannās case, while the other said the disinformation looked partisan and that Sussmann never mentioned passing it to the CIA for a āclient.ā
The New York Times checked Hillaryās Alfa Bank story and found it wanting, not that this stopped them from going all-in on the fake Trump-Russia scandal. Times reporter Eric Lichtblau will testify this week, although the scope of the questions has to be sorted out.
Related: Hillary Tweet Approving Trump Russia Disinfo Comes Back to Bite Her Campaign Boss at Sussmann Trial
We also learned that this sudden spasm of truth-telling occurred not because Americans need to hear these people tell the truth, nor because it helps the country to heal. No, they told the truth because on balance it helps their friend, Sussmann.
All of this pre-meditated drama to help a woman who really colluded with Russians, Hillary, defeat Donald Trump, because ā¦ mean tweets or something.
https://thepostmillennial.com/national-school-boards-association-draft-letter-asked-for-national-guard-to-combat-parent-uproar
''National School Boards Association draft letter asked for 'National Guard' to combat parent uproar''
thepostmillennial.com/national-school-boards-association-draft-letter-asked-for-national-guard-to-combat-parent-uproar
May 23, 2022 American News May 23, 2022 1:36 PM EST
Last year, parents attended school board meetings nationwide to vocalize their growing concern over the propaganda and inappropriate curriculum being pushed on their children in the classroom.
Ashley St. Clair New York, NY
May 23, 2022 1:36 PM 2 mins reading
A newly revealed draft of the National School Board Administrationās infamous letter likening parents to "domestic terrorists" shows that the organization floated an even more alarming request to President Biden: the deployment of "National Guard and its Military Police to certain school districts."
In an attempt to bring exigency to their request for military deployment, the NSBA went on to label the worrisome parents as "plotters who are targeting schools and educators," according to Fox News.
Last year, parents attended school board meetings en masse nationwide to vocalize their growing concern over the propaganda and inappropriate curriculum being pushed on their children in the classroom. This came along with the pandemic Zoom school era, with parents becoming privy to classroom conversations they were previously left in the dark about.
As parents across America mobilized to affect change in the classroom, the NSBA became increasingly distraught over the pushback, sending a letter to President Biden in September of 2021 to take actions against these parents and use the Patriot Act to act against them with the same tools of law enforcement that we engaged to fight "domestic terrorists."
Although the NSBA sent this letter to President Biden, emails revealed that the Biden Administration had been collaborating with the NSBA on the letter for weeks before it was sent.
The parent uproar intensified, with anger and disbelief that NSBA and, by proxy, the Biden Administration, would classify parents who dare question what is being taught to their children as terrorists. Amidst the backlash, the NSBA sent a follow up letter in October of 2021, recanting their comparison saying, "We regret and apologize for the letter," and "there was no justification for some of the language included in the letter."
Following their apology, the NSBA conducted an independent investigation of the letter and lead-up to it, in which the new alarming draft came to light.
In spite of well-documented evidence nationwide of CRT curriculum being taught in classrooms, including Democrat-run states using COVID relief funds to implement CRT, the NSBA's draft letter also chalked-up the CRT commotion as nothing more than a response to "propaganda."
They stated: "An increasing number of public school officials [are] facing physical threats because of propaganda purporting the inclusion of critical race theory within classroom instruction and curricula."
https://theconservativetreehouse.com/blog/2022/05/23/biden-admits-gas-prices-driven-by-incredible-transition-away-from-fossil-fuels/#more-233393
Biden Admits U.S. Gas Prices Driven by Incredible Transition Away from Fossil Fuels
theconservativetreehouse.com/blog/2022/05/23/biden-admits-gas-prices-driven-by-incredible-transition-away-from-fossil-fuels
May 23, 2022
During a joint press conference held in Tokyo, Japan, held by Joe Biden and Prime Minister Fumio Kishida, Biden was asked about the financial pain Americans are feeling with massive increases in gasoline prices.
Outlining how his energy policy is directly related to the gasoline price, Joe Biden said: āHereās the situation. And when it comes to the gas prices, weāre going through an incredible transition that is taking place that, God willing, when itās over, weāll be stronger and the world will be stronger and less reliant on fossil fuels when this is over.ā Yet again proving the intent of the administration is to implement the āGreen New Dealā through executive action. WATCH:
https://youtu.be/s3mtbvZdpEA
.
This admission is akin to former President Obama saying, āenergy prices would necessarily skyrocketā in order to achieve the goals of the administration.
1/
https://youtu.be/s3mtbvZdpEA
Joe Biden: "When it comes to the gas prices, we're going through an INCREDIBLE transition
2/2
https://townhall.com/tipsheet/katiepavlich/2022/05/23/biden-proves-the-pain-is-the-point-with-latest-comments-on-gas-prices-n2607670
Biden Reiterates Painful Gas Prices Are Part of an Energy 'Transition'
townhall.com/tipsheet/katiepavlich/2022/05/23/biden-proves-the-pain-is-the-point-with-latest-comments-on-gas-prices-n2607670
Speaking to reporters during a joint press conference with Japanese Prime Minister Fumo Kishida Monday, President Joe Biden touted an alternative energy "transition" as gas prices continue to wreak havoc on American families and the broader U.S. economy.
"Here's the situation. And when it comes to the gas prices, we're going through an incredible transition that is taking place that, God willing, when it's over, we'll be stronger and the world will be stronger and less reliant on fossil fuels when this is over," Biden said.
Biden then falsely claimed his policies have eased the burden of prices at the pump and that he's punished Russia's energy sector.
"What I've been able to do to keep it from getting even worse and it's bad," he continued. "You see what Europe is doing relative to the importation of Russian gas."
Neither claim is true. Last week gas prices hit new records for 11 days in a row. Today, news broke the administration is bracing for a diesel fuel shortage and plans to tap into the U.S. diesel supply. Biden has repeatedly tapped the Strategic Oil Reserves, which now sit and the lowest levels since 1987. Gas prices have not been lowered as a result.
Further, the Russian ruble is worth more today than it was before President Vladimir Putin launched his invasion of Ukraine in January.
''Defense notes EC was circulated widely at FBI with this incorrect info.''
171/c
4:20 PM Ā· May 23, 2022Ā·Twitter for iPhone
SUS Trial Live
https://twitter.com/JFHaughey58/status/1528834406479282178
Sus Trial Live Twat
Gaynor: āThe reason why (CHSs) are confidential is to protect their relationship with the government.ā He would have asked: āWhy didnāt the CHS provide the information directly to the FBI or the individual that would be handling or meeting with them?ā #SussmannTrial
4:25 PM Ā· May 23, 2022Ā·Twitter Web App
>>>16328326 Russiagate investigator believes Durham cracked 'insurance policy' mystery