POLITICS -  It's Going To Blow Up On Mueller (9938 views) Notify me whenever anyone posts in this discussion.Subscribe
 
From: WEBELIAHU DelphiPlus Member IconFeb-18 6:39 AM 
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February 18, 2022

        "The company was also behind the Alfa Bank, Carter Page, Papadopoulos, Manafort, and the Trump family lies and smears as well."

https://www.thegatewaypundit.com/2022/02/breaking-bombshell-fusion-gps-didnt-work-steele-dossier-worked-nearly-every-key-anti-trump-narrative-coming-doj-mueller-gang/

Fusion GPS Didn’t Only Work on Steele Dossier, They Worked on Nearly Every Key Anti-Trump Narrative Coming from DOJ and Mueller Gang

A document provided in a D.C. court case against Fusion GPS shows that the company was involved in much more than the garbage Steele Dossier behind the Trump-Russia hoax. 

The company was also behind the Alfa Bank, Carter Page, Papadopoulos, Manafort, and the Trump family lies and smears as well. Little did we know that associating Fusion GPS with the Steele Dossier was actually short-changing the company’s efforts to harass and take down the President of the United States, Donald Trump.  This company did much more than that.

A document uncovered in a court case in D.C. with Fusion GPS shows that the company was working on nearly every piece of information eventually used by the Mueller gang to take down President Trump.  (Here is the link to the court documents.)

The below documents were provided to the courts in the above case where the defendants were suing Fusion GPS for libel. This second document provides similar data along with the dollar values of their projects totaling more than $1 million.

What we see in these documents is that Fusion GPS was involved in much more than just the phony Steele Dossier. The firm had dealings with Don Berlin, whom we reported on recently who was the first to use the Russia collusion sham story back in the early 2000’s. Berlin was also involved in providing President Trump a bogus election dossier after the 2020 Election.

We learned from the inventory of Fusion GPS projects that they were involved with Crowdstrike who was first reported as the experts claiming Russia had stolen the DNC’s emails back in 2016.  This lie was kept in place by the Mueller gang for years as the excuse to look into the Trump – Russia collusion.

Fusion GPS was involved in the Alfa Bank story that turned out to be a lie, the Carter Page story that was a lie since Page was working for the CIA, the Paul Manafort story, and the Papadopoulos story.  All of these stories and individuals were used by the DOJ and the Mueller gang as a means to harass and attempt to have President Trump removed from office.  Every one.

Fusion GPS also lists as projects, the “Trump kids”.  How outrageous is it that an entity would be creating garbage hit pieces on the first family’s children?  There really are no limits when it comes to the radicals who wanted President Trump removed from office.  These people would stop at nothing.

Who paid Fusion GPS to do this work?  We know that originally it was the Republicans and then Hillary’s team after that.  Was the government also paying for this work and research?

It appears that these stories were pumped into the DOJ and Meuller investigation and then used as a means to harass the President of the United States and have him removed from office?  This is also known as an attempted coup. 

 
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From: WEBELIAHU DelphiPlus Member IconFeb-18 7:12 AM 
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February 18, 2022

        "According to Durham, who is clearly trying to signal at this point that he’s got the goods on a lot of people, Trump was not just spied on. Rather, he was actually spied on while president by outside allies of Perkins Coie, from Trump Tower to the actual Office of the President...The last question here is how long Durham is left to his own whims. As he gets closer and closer to the prize, will the Biden administration step in to shut him down? That would certainly be terrible optics, but Biden hasn’t exactly shown a penchant for caring about optics lately."

https://redstate.com/bonchie/2022/02/12/john-durham-drops-a-shock-and-awe-filing-about-spying-on-donald-trump-n521239

John Durham Drops a ‘Shock and Awe’ Filing About Spying on Donald Trump

Even if we don’t hear much about him anymore, John Durham is still hard at work. As RedState reported over the last several months, the investigation into misconduct surrounding the investigation into Donald Trump and Russia has only heated up since Joe Biden took office.

The first major shoe to drop was the indictment of Michael Sussman, who was an intermediary for Hillary Clinton digging up dirt on Donald Trump. In Sussman’s case, he lied about who he was working for and misled the FBI regarding the now-debunked Alfa-Bank story.

But given the vast involvement of other individuals working for the infamous Perkins Coie law firm, which Clinton used as a proxy to smear Trump with false claims of Russian collusion, Durham’s investigation was always likely to go further. We’ve seen hints of that recently, but his latest filing is a true “shock and awe” moment.

According to Durham, who is clearly trying to signal at this point that he’s got the goods on a lot of people, Trump was not just spied on. Rather, he was actually spied on while president by outside allies of Perkins Coie, from Trump Tower to the actual Office of the President.

This blows Watergate out of the water and makes it look like child’s play. Only in the current hyper-partisan environment, where Democrats can literally get away with anything, is this not a major national scandal. Here you have associates of Hillary Clinton, and allies of the law firm she was contracting to get dirt on Trump, using government channels to spy on him. And not just during the campaign, but after he became president.

The fact that all of this has only been exposed via Durham’s special counsel investigation is yet more evidence of just how corrupt the DOJ and FBI are. These facts had to have been known throughout Trump’s presidency, yet no one talked? That just doesn’t add up, and it completely vindicates Trump, who has long maintained he was being spied on.

The last question here is how long Durham is left to his own whims. As he gets closer and closer to the prize, will the Biden administration step in to shut him down? That would certainly be terrible optics, but Biden hasn’t exactly shown a penchant for caring about optics lately.

Regardless, Hillary Clinton was everything some suspected she was. Will there be accountability for her and not just her lackeys? I guess we’ll find out.

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-20 5:48 AM 
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February 20, 2022

       "Nearly three out of four of those polled who are following the story said they think it’s important prosecutors investigate Clinton for her role in the Russiagate scandal along with her top campaign advisers. That includes two-thirds — or 66 percent — of the Democrats polled who said they have been keeping up with the case. That’s up 20 points from this past October..."

https://nypost.com/2022/02/13/most-democrats-want-hillary-clinton-investigated-for-any-role-in-russiagate-scandal-poll/

Most Democrats want Hillary Clinton investigated for any role in Russiagate scandal: poll

A surprisingly large share of Democrats wants to see Hillary Clinton investigated over her possible role in manufacturing dirt to try to tie Donald Trump to the Kremlin, a new poll shows. The survey, conducted by TechnoMetrica Institute of Policy and Politics in New Jersey last month, polled 1,308 Americans about the mushrooming investigation by Special Counsel John Durham into the FBI's proe of Trump's alleged links to Russia during the 2016 presidential campaign.

Nearly three out of four of those polled who are following the story said they think it’s important prosecutors investigate Clinton for her role in the Russiagate scandal along with her top campaign advisers. That includes two-thirds — or 66 percent — of the Democrats polled who said they have been keeping up with the case.

That’s up 20 points from this past October, when TIPP asked the same question of a national panel, and indicates the Durham probe may be turning Democratic opinion regarding Clinton and the controversy. Meanwhile, 91 percent of Republicans in the same group and 65 percent of Independents also called for Clinton to specifically be investigated.

Durham has already charged Clinton campaign subcontractor Igor Danchenko for allegedly lying about the sourcing behind the debunked so-called Steele dossier he helped compile, which attempted to frame Trump as a Kremlin agent. ~~~~~~~~~ Michael Sussmann, the former law partner of Clinton campaign general counsel Mark Elias, was indicted in September for allegedly lying about his work for the Clinton campaign on a scheme linking Trump to a Russian bank. Sussmann has pleaded not guilty.

As part of the probe involving Sussmann, Durham said in a legal filing Friday that he discovered Clinton’s 2016 presidential campaign paid a Web firm to spy on servers at Trump Towers and the White House to try to tie Trump to Russia.

Meanwhile, the new poll found that Americans want greater scrutiny of the Biden family, too. More than two-thirds, or 68 percent, of respondents said they think it’s important that the president’s son, Hunter Biden, and brother Jimmy Biden are walled off from any business involving the administration. That includes communicating with the president and his aides about policy proposals or taking any government jobs or contracts, the majority told pollsters. ~~~~~~~

Among other key findings: 76 percent of Americans want Attorney General Merrick Garland’s counsel Maggie Goodlander to recuse herself from the Durham probe because of a potential personal conflict posed by her husband, White House National Security Adviser Jake Sullivan, who is cited in the Sussmann indictment.

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-21 8:40 AM 
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February 21, 2022

        "According to a report at Just the News, 46 Republican senators, led by Rick Scott of Florida, wrote a letter to Garland to seek his "assurance" "that you will continue to respect the prosecutorial independence of Special Counsel John Durham and his staff, while also ensuring he is provided all resources necessary to fully, thoroughly, and completely pursue the investigation for which he was appointed."   

          Four GOP senators are missing. Where are they?     

https://www.wnd.com/2022/02/senators-warn-garland-not-mess-durhams-investigation/

Senators warn Garland not to mess with Durham's investigation

Cite 'potentially criminal manipulation' of federal law enforcement during Russiagate

In light of stunning new documents filed in court by special counsel John Durham, who was tasked with finding the origins of the long-debunked Democrat conspiracy theory that falsely alleged President Donald Trump's 2016 campaign was compromised with "Russia collusion," dozens of U.S. senators are telling Attorney General Merrick Garland not to mess with his investigation.

Warning the Durham's investigation is revealing "highly concerning, and potentially criminal, manipulation and exploitation of federal law enforcement resources," 46 GOP senators have written to Garland insisting he respect the independence of Durham's work.

The warning comes as legacy media outlets have turned from ignoring the newest court filing that suggests Hillary Clinton hired cyberspies to infiltrate the computer servers at Trump Tower, and the White House after Trump took office, and now are claiming that those statements are lies.

According to a report at Just the News, 46 Republican senators, led by Rick Scott of Florida, wrote a letter to Garland to seek his "assurance" "that you will continue to respect the prosecutorial independence of Special Counsel John Durham and his staff, while also ensuring he is provided all resources necessary to fully, thoroughly, and completely pursue the investigation for which he was appointed."

It was just a week ago Durham filed a motion in federal court linking Hillary Clinton's campaign lawyer, Michael Sussman, and other campaign officials to a tech company that was hired to "mine" Trump data servers "for the purpose of gathering derogatory information about Donald Trump."

That conspiracy theory by Democrats, highlighted by the infamous Steele dossier of unfounded claims against Trump, triggered an earlier special counsel investigation by former FBI chief Robert Mueller, who spent years looking into the evidence and found no support for the Russiagate claims.

The letter cited the evidence suggesting a plan to "target American citizens, including a presidential candidate, based upon fabricated evidence that had been procured and disseminated by individuals closely connected with a rival political campaign," the report said.

Clinton responded, eventually, with the claim that Trump and others were "desperately spinning up a fake scandal" to distract from a real one.

But previous evidence has revealed that Barack Obama was, at one point, briefed on a plan by Clinton, then a presidential candidate, to spin up the Russiagate falsehoods against Trump in order to distract American voters from her own scandal raging at the time – her use of an unsecured email system for national security secrets, including those that were classified. ~~~~~~~~

Durham already has released three indictments in his investigation, and obtained one guilty plea from a former FBI lawyer for altering evidence. Two others, including Sussman, are accused of lying.

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-22 8:48 AM 
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February 22, 2022

https://www.dailymail.co.uk/news/article-10511033/Ex-DNI-told-Durham-evidence-indict-MULTIPLE-people-Trump-Russia-probe.html

Ex-Director of National Intelligence claims Biden and Obama KNEW ABOUT Hillary campaign plot to mine data from Trump servers: 'Enough evidence in Durham's Russia probe to indict MULTIPLE people'

Trump era Director of National Intelligence John Ratcliffe says Joe Biden and Barack Obama knew Hillary Clinton's campaign was trying to 'hack' into Trump's servers to try and find links to the Kremlin.

Ratcliffe said former CIA Director John Brennan told Obama, the then-president, and Vice President at the time Biden in 2016 about allegations Clinton was trying to fabricate Trump's links to Russia to distract from the scandal over her deleted emails.

The former DNI also told Fox News Digital on Monday there is 'enough evidence' to indict 'multiple people' in Special Counsel John Durham's probe into the origins of the Russia investigation into ex-President Doanld Trump.

It follows Durham's bombshell claims in legal filings over the weekend that Clinton's campaign paid a firm to target servers in Trump Tower to create a fake scandal while he was still in office.

Clinton allegedly approved in the 2016 election 'a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private email server,' according to a CIA Counterintelligence Operational Lead (CIOL) first revealed when a heavily-redacted version became declassified in October 2020.

The September 2016 memo was forwarded from the CIA to the FBI to the attention of then-FBI Director James Comey and then-Deputy Assistant Director of Counterintelligence Peter Strzok - the 'FBI lover' who had a relationship with Lisa Page.

Trump sent a short statement Monday morning with feelings of vindication after Durham's filing revealed Clinton's plot to link him to Russia.

'I was proven right about the spying, and I will be proven right about 2020!' he wrote, insisting his claims of fraud and meddling in the 2020 presidential election will also be confirmed. 

'What did John Brennan tell President Obama in the Oval Office in 2016?' Fox News' Bill Hemmer asked Ratcliffe during an interview Monday.

'Well, I can talk about this because this part has been declassified,' he prefaced. 'He briefed President Obama and Vice President Biden and other members of the national security team about this specific intelligence that John Durham now has about a Hillary Clinton plan to falsely accuse and vilify Donald Trump with a scandal, and the discussion around that and whether or not it was good intelligence.'

'And so everything that happened after that is one of the reasons that John Durham is investigating,' Ratcliffe added.

'Those are the issues that John Durham is looking at and I think there will be many more,' he said. 'I would expect there to be quite a few more indictments because of that. There wasn't a proper predicate to begin that investigation and John Durham has said that publicly already.'

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-23 8:32 AM 
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February 23, 2022

           “I think that is a key takeaway. The Democrats’ key lawyer, their number one election lawyer, was involved in spying on the sitting President of the United States.”

Jim Jordan: Dem’s Number One Election Lawyer Marc Elias ‘Was Involved in Spying’ on Trump

Monday on Fox News Channel’s “America’s Newsroom,” Rep. Jim Jordan (R-OH) continued to sound the alarm on special counsel John Durham filing a motion in federal court alleging that Hillary Clinton’s political allies paid a contractor to spy on Donald Trump as a sitting president and candidate.

Jordan, who said the day before that the spying was “worse than we thought,” highlighted that Durham’s filing also shows the Democrats’ “number one election lawyer” was involved in spying on Trump.

“What I do think is interesting is in that filing it talks about [Michael] Sussman who has been indicted and tech executive one speaking with another lawyer at Perkins Coie, which everyone believes is Marc Elias,” Jordan outlined. “Now, we all know Marc Elias is the Democrats’ go-to election guy. He worked at Perkins Coie. They’re the ones who helped finance and put together the now-famous dossier that they used on President Trump, but he is also the guy out there filing the actions against Republican redistricting efforts, and he’s part of the operation in North Carolina to try to keep one of my colleagues off the ballot.”

“So, this guy is involved in all those things, and now we learn he was involved in spying on the President of the United States,” he added. “I think that is a key takeaway. The Democrats’ key lawyer, their number one election lawyer, was involved in spying on the sitting President of the United States."

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-24 4:25 AM 
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February 24, 2022

       "Steele submitted these memos to the press and to the FBI. And now we know that Fusion GPS was pushing this bogus story to far-left Slate Magazine. And Hillary Clinton pushed the conspiracy knowing HER TEAM was behind the bogus accusations!"

https://www.thegatewaypundit.com/2022/02/breaking-evidence-found-showing-hillary-team-paid-actors-infiltrate-trump-tower-white-house-servers-link-trump-russia/

Evidence Shows Hillary Team Paid Tech Company to ‘Infiltrate’ Servers in Trump Tower and Later the Trump White House in an Attempt to Link Trump to Russia

The Durham investigators uncovered evidence that shows Hillary Clinton’s team paid operatives to “infiltrate” the Trump Tower and then President Trump’s White House servers to link Trump to Russia. ~~~~~~

This nightmare for President Trump all started in June 2016.  After news broke that the Democratic National Committee had been hacked, a group of prominent computer scientists went on alert.  The group of individuals, led by a Hillary supporter, started snooping around the Trump Tower computers to allegedly see if these servers had also been hacked. ~~~~~~~~

At about the same time that the FBI began its investigation, Christopher Steele began pushing the now-debunked claim that Trump was connected to Alfa Bank. In mid-September Steele submitted his memos, and at least one of these included the Trump-Alfa Bank connection. Steele submitted these memos to the press and to the FBI. And now we know that Fusion GPS was pushing this bogus story to far-left Slate Magazine. And Hillary Clinton pushed the conspiracy knowing HER TEAM was behind the bogus accusations!

There now is evidence lawyers paid tech specialists, including university personnel to infiltraate Trump servers.

Lawyers for the Clinton campaign paid a technology company to “infiltrate” servers belonging to Trump Tower, and later the White House, in order to establish an “inference” and “narrative” to bring to government agencies linking Donald Trump to Russia, a filing from Special Counsel John Durham says.

Durham filed a motion on Feb. 11 focused on potential conflicts of interest related to the representation of former Clinton campaign lawyer Michael Sussman, who has been charged with making a false statement to a federal agent. Sussman has pleaded not guilty.

The indictment against Sussman says he told then-FBI General Counsel James Baker in September 2016, less than two months before the 2016 presidential election, that he was not doing work “for any client” when he requested and held a meeting in which he presented “purported data and ‘white papers’ that allegedly demonstrated a covert communications channel” between the Trump Organization and Alfa Bank, which has ties to the Kremlin.

But Durham’s filing on Feb. 11, in a section titled “Factual Background,” reveals that Sussman “had assembled and conveyed the allegations to the FBI on behalf of at least two specific clients, including a technology executive (Tech Executive 1) at a U.S.-based internet company (Internet Company 1) and the Clinton campaign.”

…Durham’s filing states that in July 2016, the tech executive worked with Sussman, a U.S. investigative firm retained by Law Firm 1 on behalf of the Clinton campaign, numerous cyber researchers and employees at multiple internet companies to “assemble the purported data and white papers.”

“In connection with these efforts, Tech Executive-1 exploited his access to non-public and/or proprietary Internet data,” the filing states. “Tech Executive-1 also enlisted the assistance of researchers at a U.S.-based university who were receiving and analyzing large amounts of Internet data in connection with a pending federal government cybersecurity research contract.”

“Tech Executive-1 tasked these researchers to mine Internet data to establish ‘an inference’ and ‘narrative’ tying then-candidate Trump to Russia,” Durham states. “In doing so, Tech Executive-1 indicated that he was seeking to please certain ‘VIPs,’ referring to individuals at Law Firm-1 and the Clinton campaign.”

 

 
From: WEBELIAHU DelphiPlus Member IconFeb-28 8:59 AM 
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February 28, 2022

         "Mail fraud, wire fraud lying under oath, congressional testimony, false testimony to prosecutors. All of those things. So it could go broadly and deeply. I think it does based on intelligence that I have seen and that I discussed with John Durham."

https://therightscoop.com/former-trump-dni-says-he-expects-quite-a-few-more-indictments-from-durham-because-conspiracy-against-trump-runs-deep/

Former Trump DNI says he expects “quite a few more indictments” from Durham because conspiracy against Trump runs deep

 
Former Director of National Intelligence John Ratcliffe said on ‘Americas Newsroom’ he expects “quite a few” more indictments to come from U.S. Attorney John Durham’s investigation. Fox News first reported on Durham’s latest filing, which alleged that lawyers from Hillary Clinton’s presidential campaign in 2016 had paid to “infiltrate” servers belonging to Trump Tower and later the White House, in order to establish an “inference” and “narrative” to bring to federal government agencies linking Donald Trump to Russia.

JOHN RATCLIFFE: I think this pleading alleges or alludes to a conspiracy meaning two or more people in furtherance of a crime and anyone that was aware that this campaign plan was going to be falsely pitched to the FBI or the CIA or law enforcement or intelligence authorities would be subject to criminal prosecution for any number of criminal crimes. Mail fraud, wire fraud lying under oath, congressional testimony, false testimony to prosecutors. All of those things. So it could go broadly and deeply. I think it does based on intelligence that I have seen and that I discussed with John Durham. I’ve been saying there’d be indictments before there were any and the folks that have been indicted, that does relate to intelligence that I shared with John Durham. And based on more intelligence that has not yet been declassified, I would expect there to be frankly, quite a few more indictments. I think this conspiracy, and I do think there was a criminal conspiracy, is broad and deep. And I hope that, obviously John Durham is moving carefully. But I would expect and anticipate based on the intelligence that I’ve seen that there would be quite a few more indictments relating to this.

I will add to this that it’s also being reported that Durham’s investigation has accelerated quite a bit because “more people are cooperating and coming before the federal grand jury than has previously been reported”, according to Fox News.

 

 
From: WEBELIAHU DelphiPlus Member IconMar-1 1:37 AM 
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March 1, 2022

       "Hillary Clinton is the MOST corrupt politician in American history,” wrote Rep. Ronny Jackson (R-TX). “How she spied on President Trump is CRIMINAL!” “This is just the tip of the iceberg too. The full truth of Hillary’s crimes have yet to be revealed,” he added. “LOCK HER UP!”

https://www.breitbart.com/politics/2022/02/15/gop-backs-donald-trump-against-biggest-crime-in-u-s-history-calls-for-total-clean-out-of-washington-political-class/

GOP Backs Donald Trump Against ‘Biggest Crime in U.S. History’, Calls for ‘Total Clean Out’ of Washington Political Class

Republicans are expressing fury over allegations Hillary Clinton operatives paid a contractor to spy on former President Donald Trump during his 2016 campaign and into his presidency. They are calling it the “biggest crime in U.S. history” while demanding “a total clean out of the political class in Washington.”

Taking to social media, Republican lawmakers offered critical reactions, with Trump calling the scandal “worse than Watergate,” after Special Counsel John Durham filed a motion in federal court in Washington D.C. alleging Hillary Clinton’s political allies paid a contractor to spy on the former president — both as a candidate, and as president.

“Durham’s report shows that the Trump campaign and White House were illegally spied on, paid for by the Clinton campaign,” wrote Ronna McDaniel, chair of the Republican National Committee (RNC).

 “There needs to be accountability,” she added.

"Hillary Clinton is the MOST corrupt politician in American history,” wrote Rep. Ronny Jackson (R-TX). “How she spied on President Trump is CRIMINAL!” 

“This is just the tip of the iceberg too. The full truth of Hillary’s crimes have yet to be revealed,” he added. “LOCK HER UP!” ~~~~~~~~

“Congressional investigations are coming,” she added. “The truth will come out.”

“Evidence is out that Hillary Clinton and her campaign allegedly paid tech companies to manufacture a false narrative that Donald Trump was linked with Russia,” wrote Tennessee Republican Senator Marsha Blackburn.

 

 
From: WEBELIAHU DelphiPlus Member IconMar-3 6:39 AM 
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March 3, 2022 - An Interesting Legal Strategy - It's okay to lie to the FBI

       "As the D.C. Circuit Court of Appeals has explained, a false statement is material under Section 1001 when it has “a natural tendency to influence, or is capable of influencing, either a discrete decision or any other function of the agency to which it is addressed.”

https://thefederalist.com/2022/02/18/michael-sussmanns-lawyers-its-ok-if-he-lied-to-the-fbi/

Michael Sussmann’s Lawyers: It’s OK If He Lied To The FBI

On Feb. 17, attorneys for Michael Sussmann, the former attorney for the Hillary Clinton campaign, filed a motion to dismiss the criminal case pending against him in the D.C. district court. Special Counsel John Durham charged Sussmann in September 2021, in a one-count indictment, with lying to former FBI General Counsel James Baker in violation of 18 U.S.C. § 1001(a)(2).

Specifically, the indictment charged that when Sussmann met with Baker on September 19, 2016, and provided him “white papers” and data files purporting to show the Trump organization had established a secret communications channel with the Russia-connected Alfa Bank, Sussmann falsely claimed he was not acting on behalf of a client. In truth, the indictment alleged, Sussmann was working both for the Clinton campaign and an unnamed “U.S. technology industry executive,” since identified as Rodney Joffe.

In seeking dismissal of the Section 1001 false statement charge, Sussmann’s attorneys argue that even if the allegations in the indictment are the truth—something they dispute—the facts alleged do not constitute a crime because Sussmann’s alleged lie to Baker was not “material.” And, as Sussmann’s lawyers stress, Section 1001 criminalizes only “a materially false, fictitious, or fraudulent statement or representation.” ~~~~~~~~

For instance, “a person could be criminally prosecuted for providing truthful information to a government agency (e.g., a terrorist threat) simply because she lied about her motivation for reporting that information (e.g., seeking revenge after a failed relationship with the terrorist),” Sussmann argued. Such an understanding of “materiality,” would “chill valuable First Amendment speech, and intrude on legal advocacy and lawyer-client relationships,” Sussmann suggested.

While Sussmann’s arguments sound persuasive in isolation, they falter when considered against controlling circuit precedent and the totality of the facts alleged in the indictment.

As the D.C. Circuit Court of Appeals has explained, a false statement is material under Section 1001 when it has “a natural tendency to influence, or is capable of influencing, either a discrete decision or any other function of the agency to which it is addressed.” United States v. Moore, 612 F.3d 698, 701 (D.C. Cir. 2010). Further, case law holds that what matters is the false statement’s potential effects on the general functioning of the agency, which includes not merely the decision to open an investigation—the discrete decision on which Sussmann focuses—but also the FBI’s general approach to investigating tips.

It is this latter, broader aspect of materiality that the special counsel relied upon in charging Sussmann with violating Section 1001, as demonstrated by the indictment’s allegations that Sussmann’s false statement “that he was not acting on behalf of any client” could have prevented the FBI from uncovering that Joffe “had exploited his access to non-public data at multiple Internet companies to conduct opposition research concerning Trump.”

Here, it is important to remember that the law on materiality is clear that the falsehood need not actually influence the agency’s decision-making process, but merely needs to be “capable” of doing so. Thus, while Sussmann attempts to overcome the materiality argument in his brief by focusing on the many “might haves” or “could haves” alleged in the indictment, the special counsel’s focus on such possibilities is entirely appropriate.

 

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