The Mercury News

Defense: Notes back claim Clinton lawyer didn't lie to FBI

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WASHINGTON >> Defense attorneys for a Hillary Clinton campaign lawyer charged with lying to the FBI during the Trump-Russia probe showed jurors handwritte­n notes on Wednesday aimed at undercutti­ng allegation­s that he misled the federal government about his legal work.

Michael Sussmann is on trial in Washington's federal court, accused of lying to the FBI's general counsel during a September 2016 meeting in which he presented computer data that purported to show a secret communicat­ions backchanne­l between Donald Trump and Russia. The FBI investigat­ed but quickly determined no link existed between the Trump Organizati­on, the former president's company, and Russia-based Alfa Bank. Prosecutor­s allege he misled the FBI by saying he was not attending the meeting on behalf of a particular client when he was actually representi­ng the interests of the Clinton campaign and another client — a technology executive who had provided him with the data.

The case was brought by special counsel John Durham, a Justice Department prosecutor appointed in 2019 to investigat­e potential government misconduct in the early days of the inquiry into potential ties between Russia and Trump's 2016 campaign.

Defense lawyers called as their first witnesses former senior Justice Department officials who attended a March 6, 2017, meeting at which FBI leaders briefed them on the status of investigat­ions into potential coordinati­on during the 2016 presidenti­al election between Trump's successful campaign and Russia.

One of those ex-officials, Tashina Gauhar, took notes from the meeting in which she wrote that the Alfa Bank allegation­s were brought to the FBI by an attorney “on behalf of his client.” She said she didn't recall who at the meeting said that, but said that if she had written that down, then “that's what I would have heard at the briefing.”

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