Washington, D.C. – A jury has acquitted Michael Sussmann of a single count of lying to FBI. This ends the three-year-long investigation by John Durham.
Six hours of deliberation were spread over two days before the unanimous verdict was delivered to the courtroom, which was filled with family members and journalists.
The jury forewoman, who didn’t give her name, said to reporters outside the courthouse, “I think that we could have used our time more wisely.”
She also stated that “it didn’t pan out for the government’s favour and that’s on them.”
Durham’s team was disappointed, but respected the decision of the jury, he stated in a statement.
He said, “I also want the investigators to recognize and thanked the prosecution team for their dedicated efforts to seek truth and justice in the case.”
Durham was appointed by the Trump administration to investigate the FBI’s origins of its investigation into possible Russian links between Trump and former President Donald Trump. Durham was a well-known prosecutor who is known for his pursuit of mobsters, corrupt public officials and other criminals. However, the FBI’s three-year-long investigation has not yielded any explosive evidence. In this case, however, the FBI was treated as a victim.
Sussmann stated to reporters that he had “told truth to FBI” and that the jury understood that fact with their unanimous verdict today.
He said that despite being falsely accused, he was relieved that justice prevailed in the case, adding that it had been “difficult” for him and his family.
Sean Berkowitz from Latham & Watkins, LLP and Michael Bosworth, his lawyers, said in a statement that the verdict sends a clear message to all who listen: Politics is not a substitute for evidence and politics does not belong in our system.
Witnesses with prominent political ties were present during the two-week trial, including Marc Elias, ex-Clinton campaign manager Robby Molok, and many former FBI and Justice Department officials who played key roles in 2016.
“We’re here not to relitigate 2016 election,” Judge Christopher Cooper stated to the jury pool. “Donald Trump is not on trial. Hillary Clinton is not being tried.”
Durham’s special counsel team had claimed that Sussmann wanted an October surprise to change the outcome of the election. This was by pushing the FBI into investigating possible links between a Russian bank, and a computer server linked to the Trump Organization. The allegations were not supported by federal agents.
Sussmann brokered a meeting with James Baker, then FBI general counsel, in September 2016. This was just weeks before the election. Sussmann was accused in lying to Baker about whether he appeared for Democratic clients, such as the Clinton campaign and Rodney Joffe, a technology executive.
Brittain Shaw, a prosecutor, told the jury that no one should have the privilege of walking into the FBI and telling lies for political ends. “The FBI shouldn’t be used as a political pawn.”
Baker was asked by prosecutors to search through his electronic evidence for relevant evidence in the months leading up to the trial. Baker received a text message from Sussmann stating that he was coming alone and not on behalf of any company or client.
Sussmann was only charged with lying about the in-person meeting they had the day before the material was discovered. Baker did not take any notes at the meeting and gave inconsistent testimony throughout the years. The defense lawyers pointed out that Baker claimed that he couldn’t remember certain details 116 times while he was on the witness stand.
“Do you think Mr. Sussmann will throw his career, his life, and tell a lie about that guy?” asked defense attorney Michael Bosworth.
Prosecutors presented a Staples receipt that Sussmann had charged to the Clinton campaign for thumb drives, along with calendar entries from Perkins Coie (the law firm where the defendant worked up until his indictment).
Defense focused on taxi receipts to and from the FBI meeting which Sussmann hadn’t billed to clients who had Democratic ties.
This case was closely monitored as it was the first courtroom trial for the Durham probe. It was launched by ex-Attorney General Bill Barr amid hostile tweets by then President Trump regarding the investigation into Russian election interference in 2016.
An FBI lawyer pleaded guilty to Durham, and he was able to avoid prison. A fifth case against Igor Danchenko (a Russian citizen who was formerly employed at a think tank) is set to be tried in Virginia this year. He faces five charges of lying to the FBI.
Danchenko is currently fighting the charges. He is accused of lying about where he got the information that he gave to Christopher Steele, a former British intelligence operative, in what would become the Steele dossier.
