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Durham Prosecutors Rest Case against Clinton Campaign Lawyer Michael Sussmann after Relitigating 2022 Election Drama

Judge Christopher Cooper, DC District Court He insisted from the beginning that the case would not be overwhelmed by its inevitable "political overtones." His hopes were quickly dashed.


The jurors, including some who were politically active in 2016 to support Clinton, heard testimony about Russian cyberattacks against the Democratic National Committee, Trump's infamous "Russia if you're listening" appeal for more hacks, and then FBI Director James Comey's explosive public statements about the Clinton email investigation.


One witness was questioned Tuesday about other well-known people in the probe into Russia and Trump, including George Papadopoulos and Carter Page who worked for Trump's presidential campaign in 2016.


Jared Novick (technical executive) said he was "extremely uncomfortable" when Rodney Joffe, his business partner, "asked" him to make use of their massive collection of data on the internet to look for connections between the two and other Trump associates and Russia. (Joffe worked with Sussmann to assist him in obtaining the information to the FBI and the media.


Cooper was criticizing Durham's team for not following the "guardrails" that he had outlined prior to the trial and for taking too long with questions to witnesses. The judge was displeased that prosecutors questioned a witness about Sussmann's underlying tip potentially being faked and also mentioned Joffe's political affiliations with "no good-faith foundation."


Clash over billing records


Jurors were shown Sussmann's billing records. The records revealed how he charged Clinton for phone calls, meetings, and other activities related to the Trump-Russia saga.


As evidence, he presented his bill from September 19, 2016, the day he met Baker at FBI Headquarters. Prosecutors claimed that Sussmann "billed his meeting at the FBI...to the Clinton Campaign." The jury learned Wednesday that Sussmann did indeed bill Clinton that day however, only for "work and communications concerning a confidential project."


"There is no mention of the FBI in that entry Is there?" defense attorney Michael Bosworth asked Durham paralegal Kori Arsenault who was on the witness stand. Kori Arsenault replied, "There is not."


Bosworth presented expense reports that show that Sussmann didn't bill the Clinton campaign for his taxis to and from the FBI building, but instead charged his law firm at the time, Perkins Coie. Bosworth also noted that Sussmann often referred to "meeting with FBI" when he attended meetings with FBI officials for other clients.


Prosecutors proved that Sussmann billed the campaign for USB thumb drives that were purchased just days prior to meeting Baker -- when he handed two thumb drives filled with cyber-related data about Trump.


The Trump-Alfa probe is led by a rookie FBI agent


Prosecutors concluded their case and focused on the FBI investigation that was initiated by Sussmann's tip on the Trump Organization secretly contacting Alfa Bank in Moscow. Two Chicago-based FBI agents described how they tried to find the cyber-related data, but found nothing in the span of four months.


"There was no evidence - from any of the US companies that we had talked to, of the (internet logs) that we had looked at, as well the (internal report ) from the Alfa-Bank Servers ) -- that there was no evidence that this secret communications channel was in existence," stated former FBI agent Allison Sands who led the inquiry, despite only three months of experience as an FBI agent.


These Durham witnesses are the last to reach the "materiality" question that is crucial to conviction.


The prosecution would have to convince jurors of the key aspects of the alleged crime, such as that Sussmann lied and that the alleged lie had a significant impact on the FBI's work. The defense says Sussmann did not lie to conceal his political connections, but even the case that he did, it couldn't have hampered the FBI because the bureau was already well aware of his Democratic connections.


Defense takes center stage


Sussmann's lawyers called six witnesses on Wednesday including former Justice Department official Tashina Gauhar who took notes which the defense believes are exculpatory.


These notes were compiled from a March 2017 meeting in which top FBI brass briefed Justice Department leaders about ongoing Russia-Trump probes. The notes of Gauhar stated that the FBI got information regarding Alfa Bank from an attorney who came "on behalf of his client," which the defense claimed was a counter to the claim that Sussmann claimed to the FBI that he went on his own.


Two character witnesses also provided testimony, describing Sussmann as a caring man and hard worker who has an enlightened moral compass after experiencing the tragic loss of his father in an incident at a hotel.


Jimma Elliott-Stevens was Sussmann’s assistant at the Justice Department and is now general counsel at Thomson Reuters. "He's been an individual who's integrity has not been compromised. WOW SERVERS He's a faithful and honest man of faith. I have never had any concerns about his character or integrity."


The defense was hoping to call journalist Eric Lichtblau, who worked for The New York Times in 2016 when Sussmann provided him with the Trump-Alfa tip. However, a dispute with the prosecutors over the scope of his testimony obstructed his, and his lawyers confirmed to CNN that he would not be testifying.


It's unclear whether Sussmann will testify, which would be an extremely risky and high reward option. He could counter Baker's testimony with a firm statement telling the jury he didn't lie, and he could also talk about his career as a cybersecurity attorney who often assisted the US government. However, Durham's team would have an equal chance to ask questions about him and will likely be able to conduct a grilling.


If Sussmann does not testify, closing arguments could be held this week, making way for jury deliberations.


This story has been updated to include more information.
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