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 ...
p
DUrham should go after his entire family and anyone close to him like they did Trump.
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.”
WHEN IS SOMEONE GOING TO GETINDICTED! FOR GOD'S SAKE!!! EVERYDAY IS THE SAME OLD CRAP!!!!
Bkmk
Sounds like a plausible way to bury this.
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.
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.
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.
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.
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.
In D.C. it all depends on who the Judge is. Does anybody know? Not mentioned in the article.
You can bet that the corrupt AG is doing all he can to bury all of this. And Durham still answers to him.
GOOD GRIEF, READ THE ARTICLE...right off the bat it states Sussman has been indicted.
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."
Sussmann fears what is going to happen to him in jail and is flailing around legal stunts to avoid it.
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!”
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.