Sussmann billed about three hours that day, Sept. 19, 2016, to “work and communications regarding confidential project.” Prosecutors working for Special Counsel John Durham have used that billing record, which they showed the jury on Wednesday as they wrapped up their case, in an attempt to directly tie Sussmann’s meeting with the FBI’s then-general counsel, James Baker, to the Clinton campaign.
Sussmann’s defense team at Latham & Watkins has pointed out that the Sept. 19 billing entry does not mention the FBI or refer to a “meeting.” His lawyers have conceded that Sussmann, a cybersecurity and privacy attorney, did represent the Clinton campaign in attempting to push the allegations to the news media, but they have maintained that the meeting with Baker was based on Sussmann’s personal concern for national security and fear that the FBI would be caught “flat-footed” when an article about the claims was published in the press.
Sussmann’s defense, led by Latham partners Sean Berkowitz and Michael Bosworth, has produced its own billing records. One record shows that ahead of a prior meeting with the FBI in 2015 on an unrelated issue involving Joffe, Sussmann specifically referenced the FBI in the billing entry.
They also introduced a Perkins Coie expense report showing that Sussmann billed taxi fares from the day of his meeting with Baker to the law firm generally, and not a specific client. That expense report references a “meeting at FBI.”
Sussmann’s lawyers have argued that sharing the allegations with the FBI went against the interest of his client, the Clinton campaign, which Elias and former Clinton campaign manager Robby Mook testified was distrustful of the FBI. Elias and Mook each said they were unaware of the meeting with Baker.
Prosecutors have sought to use Michael Sussmann's own records in an attempt to connect his meeting with the FBI about Trump-Russia allegations to the Clinton campaign.
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