excalibur
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- Mar 19, 2015
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A good read. More is coming is the answer.
There is a long game and a short game going on in special counsel John Durham’s indictment of Democratic Party lawyer Michael Sussmann on a false-statements count.
The short of it is this: A false statement was allegedly made by Sussmann to the FBI’s then-general counsel, James Baker, on September 19, 2016. In federal law, the false-statement crime has a five-year statute of limitations, meaning it had to be charged by this Sunday (September 19, 2021). Consequently, even if Durham would probably have preferred to wait until his full investigation was concluded before filing indictments, by delaying beyond Sunday, he would have lost what appears to be an eminently provable felony charge. If he was going to indict Sussmann on this conduct, it was now or never.
Now, more critically, the long game.
It is unusual for a one-count false-statement charge, which can be alleged in a paragraph, to be presented as a 27-page speaking indictment. But Durham wrote a highly detailed account of the facts and circumstances surrounding the false-statements charge. It is significant in that it tells us far more about his investigation.
Here is where the prosecutor appears to be going: The Trump–Russia collusion narrative was essentially a fabrication of the Clinton campaign that was peddled to the FBI (among other government agencies) and to the media by agents of the Clinton campaign — particularly, its lawyers at Perkins Coie — who concealed the fact that they were quite intentionally working on the campaign’s behalf, and that they did not actually believe there was much, if anything, to the collusion narrative. It was serviceable as political dirt but would not amount to anything real for criminal or national-security purposes.
Sussmann allegedly told Baker that he was not working for any client when he brought Baker sensitive information — even though Perkins Coie client-billing records obtained by Durham show that Sussmann was logging his time as spent working for the firm’s Clinton campaign account. The indictment describes the information Sussmann gave Baker as expert analyses (mainly in the form of white papers), which showed a back-channel connection between the Kremlin and the Trump campaign. The back channel was said to be established by Internet communications between servers at Trump Tower and at Alfa Bank (a top Russian bank said to have Putin-regime connections).
In fact, the indictment alleges, Sussmann was working for the Clinton campaign and another client — an unidentified cyber expert and executive (Tech Executive-1) — who was expecting to get an important government cybersecurity job if Clinton was elected. (The executive made clear that he — the indictment describes a he — had no interest in working for Trump.)
...
There is a long game and a short game going on in special counsel John Durham’s indictment of Democratic Party lawyer Michael Sussmann on a false-statements count.
The short of it is this: A false statement was allegedly made by Sussmann to the FBI’s then-general counsel, James Baker, on September 19, 2016. In federal law, the false-statement crime has a five-year statute of limitations, meaning it had to be charged by this Sunday (September 19, 2021). Consequently, even if Durham would probably have preferred to wait until his full investigation was concluded before filing indictments, by delaying beyond Sunday, he would have lost what appears to be an eminently provable felony charge. If he was going to indict Sussmann on this conduct, it was now or never.
Now, more critically, the long game.
It is unusual for a one-count false-statement charge, which can be alleged in a paragraph, to be presented as a 27-page speaking indictment. But Durham wrote a highly detailed account of the facts and circumstances surrounding the false-statements charge. It is significant in that it tells us far more about his investigation.
Here is where the prosecutor appears to be going: The Trump–Russia collusion narrative was essentially a fabrication of the Clinton campaign that was peddled to the FBI (among other government agencies) and to the media by agents of the Clinton campaign — particularly, its lawyers at Perkins Coie — who concealed the fact that they were quite intentionally working on the campaign’s behalf, and that they did not actually believe there was much, if anything, to the collusion narrative. It was serviceable as political dirt but would not amount to anything real for criminal or national-security purposes.
Sussmann allegedly told Baker that he was not working for any client when he brought Baker sensitive information — even though Perkins Coie client-billing records obtained by Durham show that Sussmann was logging his time as spent working for the firm’s Clinton campaign account. The indictment describes the information Sussmann gave Baker as expert analyses (mainly in the form of white papers), which showed a back-channel connection between the Kremlin and the Trump campaign. The back channel was said to be established by Internet communications between servers at Trump Tower and at Alfa Bank (a top Russian bank said to have Putin-regime connections).
In fact, the indictment alleges, Sussmann was working for the Clinton campaign and another client — an unidentified cyber expert and executive (Tech Executive-1) — who was expecting to get an important government cybersecurity job if Clinton was elected. (The executive made clear that he — the indictment describes a he — had no interest in working for Trump.)
...
The Real Story in Durham’s Indictment of Democratic Lawyer Michael Sussmann | National Review
The special counsel’s final report on the Clinton campaign’s manufacturing of the Trump–Russia collusion narrative will be very interesting reading.
www.nationalreview.com