Will Sussmann be Acquitted?

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Why The Jury Should Convict Michael Sussmann Of Lying To The FBI, But Probably Won’t

BY: MARGOT CLEVELAND
MAY 27, 2022

Closing arguments will begin later this morning in Special Counsel John Durham’s false statement case against former Hillary Clinton campaign attorney Michael Sussmann, after Sussmann made a last-minute decision on Thursday not to testify in his own defense. The evidence prosecutors elicited from witnesses over the last two weeks provides overwhelming proof of Sussmann’s guilt and destroys the many defense theories Sussmann’s legal team floated throughout the trial. Yet a conviction of a fellow D.C.-swamp dweller may be unattainable.

Last fall, the special counsel indicted Sussmann on one count of making a false statement in violation of Section 1001 of the federal criminal code. The special counsel alleged Sussmann lied to then-FBI General Counsel James Baker during a September 19, 2016 meeting.

In the meeting, Sussmann presented Baker with data and whitepapers that supposedly showed the existence of a secret communications network between the Russian-based Alfa Bank and the Trump organization. According to the indictment, Sussmann was acting on behalf of the Clinton campaign and tech executive Rodney Joffe when he met with Baker, but falsely told his friend that he was coming on his own behalf to help the FBI.

Before adjourning for the day on Thursday, presiding Judge Christopher Cooper provided instructions to the jury. Jurors will use those to decide whether to convict or acquit Sussmann following deliberations, which will begin either Friday afternoon or Tuesday following the long Memorial Day weekend.

“The government must prove beyond a reasonable doubt” five facts, Judge Cooper explained, namely that (1) “on September 19, 2016, the defendant made a statement or representation;” (2) “the statement or representation was false, fictitious or fraudulent;” (3) “that this statement or representation was material;” (4) “the false, fictitious or fraudulent statement was made knowingly and willfully;” and (5) “the statement or representation was made in a matter within the jurisdiction of the executive branch of the government of the United States.”

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https://thefederalist.com/2022/05/27/why-the-jury-should-convict-michael-sussmann-of-lying-to-the-fbi-but-probably-wont/