San Diego Union-Tribune

CLINTON CAMPAIGN LAWYER ACQUITTED OF LYING TO FBI

Case is third to fall short of establishi­ng broad conspiracy

- BY ERIC TUCKER

A lawyer for Hillary Clinton’s 2016 presidenti­al campaign was acquitted Tuesday of lying to the FBI when he pushed informatio­n meant to cast suspicions on Donald Trump and Russia in the runup to that year’s election.

The case against Michael Sussmann was the first courtroom test of special counsel John Durham since his appointmen­t three years ago to search for government misconduct during the investigat­ion into potential ties between Russia and

Trump’s 2016 campaign.

Trump supporters have looked to the probe to expose what they contend was egregious bias by law enforcemen­t officials who investigat­ed the ex-president’s campaign. The three criminal cases Durham has brought so far have fallen short of establishi­ng any sort of conspiracy to frame Trump or derail his candidacy.

The jury deliberate­d for several hours Friday afternoon and Tuesday morning before reaching its verdict.

Speaking to reporters outside the courthouse after the verdict, Sussmann said he “told the truth to the FBI, and the jury clearly recognized that with their unanimous verdict today.”

He added, “Despite being falsely accused, I am relieved that justice ultimately prevailed in this case.”

In a separate statement, Durham said that though he and his team were disappoint­ed in the outcome, they respected the jury’s decision. He thanked the investigat­ors and prosecutor­s on his team for their “dedicated efforts in seeking truth and justice in this case.”

The trial focused on a narrow issue: whether Sussmann, a cybersecur­ity attorney and former federal prosecutor himself, concealed from the FBI that he was representi­ng Clinton’s campaign when he passed along computer data that he said showed a possible secret communicat­ion backchanne­l between Russia-based Alfa Bank and Trump’s business company, the Trump Organizati­on. The FBI, which was already investigat­ing potential collusion between the Trump campaign and Russia, examined the data but quickly determined that there was no suspicious computer contact.

The FBI’s then-general counsel and the government’s star witness, James Baker, testified that he was “100 percent confident” that Sussmann had told him he was not representi­ng any client during a September 2016 meeting the two men had.

Prosecutor­s alleged Sussmann was actually acting on behalf of the Clinton campaign and another client, a technology executive, and that he hid that informatio­n to make the data seem more credible and to boost the chances of getting the FBI to investigat­e. They pointed to a text message Sussmann sent to Baker the night before the meeting in which he requested a sitdown and said he’d be coming on his own and not on behalf of any client.

Lawyers for Sussmann denied to jurors that he lied, saying it was impossible to know with certainty what he told Baker since they were the only participan­ts in the meeting and neither of them took notes.

And they said that even if he did make a false statement, it was ultimately irrelevant since the FBI was already investigat­ing Russia and the Trump campaign and, given the urgency of that probe, would have looked into the Alfa Bank data no matter the source.

Jurors were instructed to put politics aside, but Trump and some of his supporters took note of the fact that the jury pool was taken from heavily Democratic Washington. Trump wrote on his social media platform that the legal system was “corrupt” and referenced the acquittal as one of several examples of “our country going to HELL.”

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Michael Sussmann

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