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Durham Seeks to Keep Sussmann Case Alive: ‘The Defendant Was Disseminating Highly Explosive Allegations About a Then-Presidential Candidate’
https://lawandcrime.com ^ | 3/4/2022 | aaron keller

Posted on 03/04/2022 7:07:48 PM PST by bitt

John Durham on Friday filed a 14-page opposition motion to attempts by indicted lawyer Michael A. Sussmann to have his case judicially dismissed prior to trial. In the document, Durham’s team of government lawyers argued that Sussmann’s alleged lie to the FBI was a material lie under federal law—and one which skewed the way the FBI handled the material Sussmann provided.

The Durham opposition noted that the judge “must assume the truth of the indictment’s factual allegations” for the purposes of deciding the defendant’s motion to dismiss at this stage of the proceedings.

“A pretrial motion to dismiss an indictment allows a district court to review the sufficiency of the government’s pleadings, but it is not a permissible vehicle for addressing the sufficiency of the government’s evidence,” Durham’s team wrote directly quoting case law (emphases ours, however).

Thus, the judge must look to whether the allegations on the indictment are enough to paint a rough sketch of the crime alleged — here, that’s lying to a federal officer.

As Law&Crime has previously detailed, Durham last September secured a single-count indictment against Sussmann, a high-profile Perkins Coie cybersecurity lawyer who previously worked for both the Hillary Clinton campaign and for the Democratic Party. The indictment accuses Sussmann of allegedly “mak[ing] a materially false, fictitious, and fraudulent statement or representation” before an Executive Branch agency, namely, the General Counsel of the FBI (who at the time was James Baker). Durham claims Sussmann falsely told the FBI that the Trump Organization had a “secret communications channel” with Alfa Bank. The crime alleged is a purported violation of 18 U.S.C. §1001(a)(2). Sussmann has pleaded not guilty to the charge.

(Excerpt) Read more at lawandcrime.com ...


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: 2016election; 2020election; alfabank; alphabank; deepstate; durham; election2016; election2020; spygate; sussmann
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1 posted on 03/04/2022 7:07:48 PM PST by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; azishot; AZ .44 MAG; Baynative; ..

p


2 posted on 03/04/2022 7:08:03 PM PST by bitt ( <img src=' 'width=50%>)
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To: bitt

DUrham should go after his entire family and anyone close to him like they did Trump.


3 posted on 03/04/2022 7:20:09 PM PST by McCarthysGhost (q)
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To: bitt

Hate to say it. . .and hope I’m wrong. . .but I think this is the plan. . .Durham motion denied. . .case dismissed. . the fix is in and Durham can say, “well, I tried.”


4 posted on 03/04/2022 7:33:42 PM PST by McBuff (To be, rather than to seem)
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To: bitt
HOW'S ABOUT WE ALL CUT THE CRAP!!!

WHEN IS SOMEONE GOING TO GETINDICTED! FOR GOD'S SAKE!!! EVERYDAY IS THE SAME OLD CRAP!!!!

5 posted on 03/04/2022 7:34:23 PM PST by laweeks
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To: bitt

Bkmk


6 posted on 03/04/2022 7:45:12 PM PST by sauropod (Whom the gods would destroy they first make mad.)
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To: McBuff

Sounds like a plausible way to bury this.


7 posted on 03/04/2022 7:48:24 PM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: laweeks
"Thus, the judge must look to whether the allegations on the indictment are enough to paint a rough sketch of the crime alleged — here, that’s lying to a federal officer."

The phrase, "seeks to keep Sussman case alive" doesn't inspire confidence. The accusations have merit and are provable with evidence in court or they aren't. 'Do. There is no try.'

Yes, the weekly doses of hopium aren't going to cut it.

Indict. Arrest. Prosecute. Convict. Imprison. Until this happens these weekly updates are worthless. If Durham has to work to keep this case alive it only means Sussman has a chance to walk away free since he has a premier law firm on his side.

8 posted on 03/04/2022 8:09:27 PM PST by yesthatjallen
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To: bitt

Durham might end up in Ft Marcy Park just a few miles from Langely. I took the wife there in 2016 and showed her where they found Vince Foster. She is a Korean who immigrated with her family before I met her, and Korean’s all know about Hillary, her FBI and Vince Foster’s murder.


9 posted on 03/04/2022 8:11:37 PM PST by Jumper
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To: yesthatjallen

The phrase, “seeks to keep Sussman case alive” doesn’t inspire confidence.

In other words, the case has been dragged out for so many years the statute of limitations to charge anyone for a crime have been exceeded.


10 posted on 03/04/2022 8:34:04 PM PST by Flick Lives (The CDC. Brought to you by Pfizer)
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To: bitt

It longer matters…even with evidence, Fraud by oligarch’s sons will not be punished.

The corruption in the US is the same as in Russia and Ukraine.

Ukraine is suffering at present because American democrats are corrupt.


11 posted on 03/04/2022 8:45:15 PM PST by Hypo2
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To: Hypo2

Somewhere in Russia is the Hunter Biden Museum of Art, where every painting is worth at least $600,000 and a thousand square miles of Ukrainian territory. Putin has an eye for good art work.


12 posted on 03/04/2022 9:12:29 PM PST by Waverunner (I'd like to welcome our new overlords, say hello to my little friend)
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To: yesthatjallen

In D.C. it all depends on who the Judge is. Does anybody know? Not mentioned in the article.


13 posted on 03/04/2022 9:13:02 PM PST by euclid216
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To: bitt

You can bet that the corrupt AG is doing all he can to bury all of this. And Durham still answers to him.


14 posted on 03/04/2022 10:02:24 PM PST by Revel
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To: laweeks

GOOD GRIEF, READ THE ARTICLE...right off the bat it states Sussman has been indicted.


15 posted on 03/04/2022 10:38:06 PM PST by piasa (Attitude adjustments offered here free of charge)
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To: laweeks

GOOD GRIEF, READ THE ARTICLE...right off the bat it states Sussman has been indicted.


16 posted on 03/04/2022 10:40:25 PM PST by piasa (Attitude adjustments offered here free of charge)
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To: piasa
GOOD GRIEF, READ THE ARTICLE...right off the bat it states Sussman has been indicted.

Sorry . . . I guess I was too eager to mean "arrest/cuff/jail/convict/sentence/execute."

17 posted on 03/04/2022 11:32:33 PM PST by laweeks
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To: bitt

Sussmann fears what is going to happen to him in jail and is flailing around legal stunts to avoid it.


18 posted on 03/05/2022 1:12:07 AM PST by MadMax, the Grinning Reaper (Figures )
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To: bitt

There is materiality beyond question. Whether there is judicial integrity is another question.

The article uses absurd language. “Why are you drinking that glass of water?” “If I don’t drink water I could die!”


19 posted on 03/05/2022 3:47:37 AM PST by Gratia
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To: Gratia

Durham’s team [previosly] said Sussmann’s arguments were “premature.” Citing a 1995 U.S. Supreme Court case, the team said the issue of materiality was an “essential element” of the crime charged and “must be resolved by a jury.” The team also said that Sussmann’s attempt to rubbish the case against him mostly relied on cases that “involved post-conviction appeals or motions to vacate the conviction after the Government presented its case at trial.” In other words, argued Durham, “none of [the Defendant’s proffered] cases support the defendant’s requested relief” — specifically “that the court dismiss the Indictment before trial because it fails to sufficiently allege that the defendant’s false statement is material.” Rather, “[w]hat the cases do show is that courts have routinely declined to usurp the jury’s role in making the determination on whether a false statement is material,” Durham’s team wrote to the judge.


20 posted on 03/05/2022 4:14:33 AM PST by Bookshelf
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