Durham loses his first case in his unreasonably long investigation

A jury in Washington, D.C., has acquitted lawyer Michael Sussmann on a single charge of lying to the FBI, dealing a blow to the three-year investigation by special counsel John Durham.

Jurors deliberated for six hours, spread over two days, before delivering the unanimous verdict.

[...]

The jury forewoman, who did not give her name, told reporters outside the courthouse that "I think we could have spent our time more wisely."

"It didn't pan out in the government's favor and that's on them," she also said.

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The Trump administration appointed Durham to probe the origins of the FBI's investigation into possible links between former President Donald Trump and Russia. This case amounted to the first courtroom test for Durham, a prosecutor known for going after mobsters and corrupt public officials But his now three-year-long probe has not uncovered explosive evidence of wrongdoing by the FBI. Instead, in this case, the FBI was cast as a victim.

  NPR

Haha. That might be going a little far.

The two-week trial featured witnesses with prominent political ties including election lawyer Marc Elias, former Clinton campaign manager Robby Mook, and several former FBI and Justice Department officials who served in key roles in 2016.

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Prosecutors produced a Staples receipt for thumb drives they said Sussmann had billed to the Clinton campaign, as well as calendar entries and other bills from Perkins Coie, the law firm where the defendant had worked until his indictment.

The defense focused in on taxi receipts, apparently to and from the FBI meeting, which Sussmann had not billed to clients with Democratic ties.

The case has been closely watched as the first courtroom test for the Durham probe, launched by former Attorney General Bill Barr amid hostile tweets from then President Trump about the investigation into Russia's election interference in 2016.

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"Despite being falsely accused, I am relieved that justice ultimately prevailed in this case," [Sussman] said, adding that it had been a "difficult year" for him and his family.

His lawyers, Sean Berkowitz and Michael Bosworth from the law firm Latham & Watkins, LLP, went further in a statement, saying the verdict "sends an unmistakable message to anyone who cares to listen: politics is no substitute for evidence, and politics has no place in our system of justice."

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The single criminal count stemmed from a meeting Sussmann brokered with then FBI general counsel James Baker in September 2016, only weeks before the election. Sussmann was accused of lying to Baker about whether he appeared on behalf of Democratic clients such as the Clinton campaign or a technology executive named Rodney Joffe.

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In the months before the trial, prosecutors belatedly asked Baker to sift through his electronics for relevant evidence. Baker found a text from Sussmann, who typed that he was coming on his own – "not on behalf of any client or company."

And that's when the whole thing should have been dropped.

I would hope Sussman would at least be able to recover costs.

Durham secured a guilty plea from an FBI lawyer who ultimately avoided prison time. Another one of his cases is scheduled to go to trial in Virginia later this year against Igor Danchenko, a Russian citizen and former think tank employee who faces five charges for allegedly lying to the FBI.

Danchenko, who is fighting the charges, is accused of lying about the sources of the information he provided to former British intelligence operative Christopher Steele, for what became the Steele dossier.

UPDATE: