Pittsburgh Post-Gazette

Ex-Hillary Clinton lawyer not guilty of lying to FBI

- By Charlie Savage

WASHINGTON — Michael Sussmann, a prominent cybersecur­ity lawyer with ties to Democrats, was acquitted Tuesday of a felony charge that he lied to the FBI about having no client in 2016 when he shared a tip about possible connection­s between Donald Trump and Russia.

The verdict was a blow to the special counsel, John Durham, who was appointed by the Trump administra­tion three years ago to scour the Trump-Russia investigat­ion for any wrongdoing.

The case centered on odd internet data that cybersecur­ity researcher­s discovered in 2016 after it became public that Russia had hacked Democrats and Mr. Trump had encouraged the country to target Hillary Clinton’s emails.

The researcher­s said the data might reflect a covert communicat­ions channel using servers for the Trump Organizati­on and Alfa Bank, a Kremlin-linked bank. The FBI briefly looked at the suspicions and dismissed them.

On Sept. 19, 2016, Mr. Sussmann brought those suspicions to a senior FBI official. Prosecutor­s accused him of falsely telling the official that he was not there on behalf of any client, concealing that he was in fact working for both Ms. Clinton’s campaign and a technology executive who had brought him the tip.

Mr. Durham and his trial team used court filings and trial testimony to detail how Mr. Sussmann, while working for a Democratic-linked law firm and logging his time to the Clinton campaign, had been trying to get reporters to write about the Alfa Bank suspicions.

But trying to persuade reporters to write about such suspicions is not a crime. Mr. Sussmann’s guilt or innocence turned on a narrow issue: whether he made a false statement to a senior FBI official at the 2016 meeting by saying he was sharing those suspicions on behalf of no one but himself.

Mr. Durham used the case to put forward a larger conspiracy: that there was a joint enterprise to essentiall­y frame Mr. Trump for collusion with Russia by getting the FBI to investigat­e the suspicions so reporters would write about it — a scheme involving the Clinton campaign; its opposition research firm, Fusion GPS; Mr. Sussmann; and a cybersecur­ity expert who brought the odd data and analysis to him.

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