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2022-05-27 Government Corruption
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Obama Judge Just Threw Another Roadblock Into Durham's Case Against Sussmann
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[Red State] If we were to just look at the facts of the case against Michael Sussmann, they would all appear to support the charge against him: that he lied to the FBI when he said that he wasn’t working for anyone, when in fact he was working for the Clinton campaign. He even wrote a text to FBI General Counsel James Baker, specifically saying that he wasn’t coming in to see him on behalf of a client.
But the judge in the case, Judge Christopher Cooper (an Obama appointee) just made a finding that is likely to hurt the case, former federal prosecutor Andrew McCarthy notes.
I mentioned the damning text. But the judge just ruled on Thursday that the prosecution can’t argue in its summation that the text is the false statement with which he is charged. In the text, Sussmann said, "Jim — it’s Michael Sussmann. I have something time-sensitive (and sensitive) I need to discuss. Do you have availability for a short meeting tomorrow? I’m coming on my own — not on behalf of a client or company — want to help the Bureau. Thanks." That would appear to be the smoking gun.
But the problem is that they didn’t have the text when they filed the indictment, it wasn’t part of the alleged evidence so they weren’t alleging that was the false statement. Baker claims he didn’t find the message until six months after the indictment was filed, so he didn’t turn it over to them before then. But because it was past the statute of limitations by the time that was found, the Durham team who might ordinarily add it as a separate charge in a superseding indictment couldn’t do that.
That means that their main evidence is James Baker’s somewhat sketchy memory. Because he felt he was talking to a "friend," he didn’t follow the normal protocol that one might if he was an FBI agent doing an interview—that would be one agent conducting the interview, while a second agent would be taking notes.
But that said, that doesn’t mean that the text can’t be considered by the jury. 
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Posted by Besoeker 2022-05-27 02:07||
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Posted by Procopius2k 2022-05-27 07:58||
2022-05-27 07:58||
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Posted by JohnQC 2022-05-27 09:27||
2022-05-27 09:27||
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