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Durham Probe: Judge Rejects Sussmann Request to ‘Strike’ Special Counsel’s ‘Factual Background’

Tony Gray by Tony Gray
March 11, 2022
1

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The U.S. Special Prosecutor investigating “Russia-gate” filed a February motion in federal court that the accused wants tossed from court.

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Michael Sussman was working as a lawyer for the Hillary Clinton presidential campaign in 2016. Special Prosecutor John Durham alleges Sussman lied to F.B.I. agents during a September 6, 2016 meeting. Durham filed a motion with a federal court objecting to Sussman’s choice of counsel, claiming a conflict of interest. He offered a “Factual Background” section to support his motion’s argument. Sussman cried foul, saying that section was prejudicial to potential jurors and his lawyers filed their own motion with the court.

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“The indictment alleges that the defendant lied in that meeting, falsely stating to the General Counsel that he was not providing the allegations to the FBI on behalf o any client,” Durham wrote. “In fact, the defendant had assembled and conveyed the allegations to the FBI on behalf of at least two specific clients, including (i)a technology executive (“Tech Executive-1”) at a U.S.-based Internet company (“Internet Company-1″) and (ii) the Clinton Campaign.”

Durham’s filing alleges Sussmann spoke about internet data related to Trump in a meeting with a federal agency, which a CNN report said was the CIA and Sussmann allegedly claimed the information “demonstrated that Trump and/or his associates were using supposedly rare, Russian-made wireless phones in the vicinity of the White House and other locations.”

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The data was compiled by a tech firm with special access to the supposedly suspicious Internet data through an agreement with the U.S. government and that firm communicated with Sussmann, according to the filing.  An executive at the tech company — since identified as Rodney Joffe —  and his associates exploited the arrangement by mining domain name system traffic associated with the Executive Office of the President “for the purpose of gathering derogatory information about Donald Trump,” the CNN report noted.

The special prosecutors office said it found no evidence to support that allegation. Durham added that data showed a Russian phone provider connection involving the Executive Office of the President “during the Obama administration and years before Trump took office.”

Shortly after Durham’s motion was filed, Sussman’s legal team demanded the court strike portions of Durham’s February 11 filing, including the “Factual Background” section, claiming it would “taint” a jury pool.

“I’m not going to strike anything from the record,” Judge Christopher Cooper said in the U.S. District Court for the District of Columbia Thursday. “Whatever effect the filing has had has already passed.”

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