Posted on 09/21/2021 5:12:34 PM PDT by bitt
It does not take 27 pages to allege a "false statement" charge -- but it does if you are alleging a conspiracy to create false documents to influence a federal investigation.
What to make of the indictment by Special Counsel John Durham of former Clinton Campaign attorney Michael Sussmann, a one-time partner in the go-to-for-all-legal-needs Democrat Party law firm of Perkins Coie?
Typically, a “false statement” indictment will consist of a brief description of how the federal investigators came to ask the question, the answer given by the defendant which is alleged to be false, and what a truthful answer would have been.
If you want an example of what a typical such indictment might look like, it’s right there in Sussmann indictment — read paragraph 46:
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That is all one needs for a single count indictment charging a defendant with a violation of 18 U.S.C. Sec. 1001. That paragraph tells the defendant the date and location of the offense and the specifics of the offense conduct.
Paragraphs 1 through 44 were not necessary to charge Sussmann. That makes what Durham returned a “speaking indictment.” It discloses information in a public document that would not otherwise be known if the indictment set forth only facts needed to meet the requirements of due process.
A “false statement” charge does not require a litany of factual allegations regarding the conduct and statements of the defendant and numerous third parties over the course of weeks or months leading up to the making of the false statement. In over 30 years of practice as both a federal prosecutor and a defense attorney specializing in federal cases, I’ve never before seen anything remotely resembling the Sussmann indictment in a single count “false statement” case.
John Durham is far too serious of a career prosecutor, with a very long and established record of meticulous investigation and preparation, to have rolled out an indictment in this fashion if he was intending to wrap up the remainder of his work with a report to the Attorney General.
I’m going to save for another story a comprehensive look at what Durham has alleged in paragraphs 1 through 44. The allegations take my thinking in many different directions at the same time. There are probably a dozen or more “strings” hanging off the facts he has alleged — some legal and some more in the “court of public opinion.”
I waited four days to publish this first piece, spending much of that time going back over the entire “Alfa Bank” story since it first broke in late October 2016, less than 2 weeks before the election. Trying to understand the new information in the indictment against the backdrop of what was uncovered about the original story in 2016 and 2016 — and then cross-referencing the timeline and actors against what is now known about Crossfire Hurricane and the Mueller Special Counsel Investigation — is a task worthy of a book.
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RICO????? PRAY FOR WISDOM AND JUSTICE FROM DURHAM!
RICO for Perkins Coie———please!
What I would like to know is whether legal action may be taken against a complicit media.
Worth reading the entire article. Stand By! Incoming!
I think this is going beyond RICO. I know people here hate Durham because he didn’t come out the gate breathing fire, but when I read this report, I thought - wow, he’s dotted all the i’s and crossed all the t’s, and none of these people is getting out of this without criminal charges.
Trust Durham! Two weeks!
Please. “America” is dead and she ain’t coming back.
WOW!!! What’s BEYOND RICO??? They brought down the MAFIA with RICO!! Do you TRULY BELIEVE JUSTICE WILL BE DONE???
Maybe Durham is getting a little bit back at a system that stonewalled him. People need to remember that one honest man in a corrupt system can’t change the system alone. There is a lot of corruption in DC and the honest people are pretty much alone.
That POS Elias is no longer there. Perhaps someone read the yea leaves. I hope each partner there is sued into poverty.
The CLINTONS will SKATE...as will there LAWYERS....they ALWAYS DO.
Well, if they were knowingly part of the conspiracy, like say Maggie Habberman and there are several others who are probably in legal jeopardy if Shipwreckedcrew’s analysis is correct and this is just the first of many indictments that Durham’s several Grand Juries are likely to hand down as they work their way through the conspiracy or RICO case, call it what you will, and up the chain of evidence towards the top people.
Lets remember back to when Durham was originally named to his post, everyone who had worked with him said he was a bulldog; that he works slowly and methodically; that he builds air tight cases; that he goes where ever the evidence takes him; that leaks very rarely come from his investigations; that he’s only interested in building his case, not at all interested in publicity or attention.
Bump for tomorrow.
how did he get the billing records?
Perkins Coie partner resigns from firm after he is charged by special counsel
The four years of hell that Pelosi and Mueller put Trump, and the nation, through based on a hoax created by Billary, Inc. was a hundred times more damaging to “our democracy” and our “democratic institutions” than anything that happened on January 6th 2020.
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