Sussman takeaway: It’s OK to lie to the FBI if you’re from the privileged political faction.
I've sat on a DC jury. Two members made up their minds because of defendant's ethnicity. A wealthy white woman who served under Hillary at USAID didn't like guns and wouldn't view the evidence. The judge's instructions required reading the law, but he forbade us to read the law.
It was a felony handgun case. DC prosecutors got caliber of weapon wrong. One prosecutor waved the weapon at the jury. Judge required us to determine if defendant was guilty of "possession" & illegal "carrying" of firearm but would not permit us to read laws defining the terms.
Defendant was obviously guilty. But police & prosecution work was sloppy & judge wouldn't let jury know the law. I had already read the laws enacted after Heller & was the only juror who knew. Judge wanted jury to legislate. I couldn't vote to convict under those circumstances.
In sum: It was a real case. Sloppy prosecution & bad evidence. Judge saw it as an easy handgun conviction to 1) set precedent for weak evidence, 2) undermine Heller, 3) broaden how DC law defines possession & carrying. To get it, he needed to keep jury ignorant of the law.
How legal dictatorships begin: Police collect poor evidence. Prosecution presents clear falsehoods as fact. Judge requires jury to issue verdict based on legal terms without permitting jury to know what those terms mean. Conviction thus sets legal precedent. Happens every day.
My DC jury experience was different from the federal case in the DC circuit, but the jury pool is identical.
Juries are the citizens' last line of defense against abusive government. If the jury pool is prejudiced or biased to the point of being unjust, we are all in trouble.
The Sussman case (OK to lie to FBI if you are of proper political faction) shows that if you are are of the wrong faction and are approached by the FBI for help, you MUST NOT SPEAK TO THEM without an attorney present. There's a chance they will trip you up to bust you as a liar.
It makes me feel sick even to write this, as I worked with the FBI for many years. The Bureau is diseased inside. Even if you are completely innocent and have a patriotic duty,DO NOT SPEAK TO THEM WITHOUT A LAWYER. That is still your constitutional right.
The FBI can't twist your words or trip you up if you keep your right to remain silent. And not even corrupt prosecutors can hold your silence against you.
The FBI is losing a lot of sources because of the situation it has created. A lot of good people have walked away.
https://twitter.com/JMichaelWaller/status/1531756818636148737?s=20&t=_tNoqvpdxc0Y9OPDPlCX8Q
https://twitter.com/JMichaelWaller/status/1531756818636148737?s=20&t=_tNoqvpdxc0Y9OPDPlCX8Q