Author Topic: Michael Sussmann’s Lawyers: It’s OK If He Lied To The FBI Margot Cleveland  (Read 382 times)

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Michael Sussmann’s Lawyers: It’s OK If He Lied To The FBI
By: Margot Cleveland
February 18, 2022

Michael Sussmann’s arguments falter when considered against controlling precedent and the totality of the facts alleged in the indictment.

On Feb. 17, attorneys for Michael Sussmann, the former attorney for the Hillary Clinton campaign, filed a motion to dismiss the criminal case pending against him in the D.C. district court. Special Counsel John Durham charged Sussmann in September 2021, in a one-count indictment, with lying to former FBI General Counsel James Baker in violation of 18 U.S.C. § 1001(a)(2).

Specifically, the indictment charged that when Sussmann met with Baker on September 19, 2016, and provided him “white papers” and data files purporting to show the Trump organization had established a secret communications channel with the Russia-connected Alfa Bank, Sussmann falsely claimed he was not acting on behalf of a client. In truth, the indictment alleged, Sussmann was working both for the Clinton campaign and an unnamed “U.S. technology industry executive,” since identified as Rodney Joffe.

In seeking dismissal of the Section 1001 false statement charge, Sussmann’s attorneys argue that even if the allegations in the indictment are the truth—something they dispute—the facts alleged do not constitute a crime because Sussmann’s alleged lie to Baker was not “material.” And, as Sussmann’s lawyers stress, Section 1001 criminalizes only “a materially false, fictitious, or fraudulent statement or representation.”

Sussmann’s lie to Baker, that he was not representing any clients in sharing the white papers and data about the purported Alfa Bank-Trump connection with the FBI, was immaterial, Sussmann argued in his motion, because “the only decision that the agency could try to make is the decision whether to initiate an investigation in the first place.” “After all, absent an existing investigation, there is no other formal exercise of governmental power that a false statement could conceivably influence,” the argument continued.

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https://thefederalist.com/2022/02/18/michael-sussmanns-lawyers-its-ok-if-he-lied-to-the-fbi/
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Sussmann's lawyers do not get to decide what's "material." 
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