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Jury Acquits Michael Sussmann; Sussmann Lawyer Calls Prosecution "Extraordinary Prosecutorial Overreach"

After three years of investigation, all John Durham has obtained for his troubles was an acquittal of the charges against Michael Sussmann.
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"The Bell Can Never Be Unrung" ... The Many Times Durham's Prosecutors Flouted Judge Cooper's Orders

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emptywheel
There will be a lot said about the Michael Sussmann trial, no matter the verdict. But the serial defiance Durham prosecutors showed towards Judge Christopher Cooper's orders makes the overall project clear. In spite of being prohibited from doing so, Durham attempted to criminalize, under a conspiracy theory, perfectly legal behavior. 
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"and" / "or" : How Judge Cooper Rewrote the Michael Sussmann Indictment

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emptywheel
Judge Christopher Cooper replaced an "and" in the Michael Sussmann indictment with an "or."
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'This Time Is Going to Be Different': Confronting the NRA

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Rayne
We've seen protests after mass shootings before but this feels different — the youth are taking it right to the NRA.
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The Staples Receipt and FBI's Description of Michael Sussmann Sharing a Tip from Hillary

Whether Michael Sussmann lied or not, the FBI operated with the understanding that the tip he shared came from Hillary and private computer researchers. It's hard to see how the lie could be material.
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There's No Doubt the GOP Now Has Weapons of Mass Destruction [UPDATE-1]

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Rayne
I can't summon a blurb for this apart from a demand for the GOP to stop killing Americans and do something constructive for a change.
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The Visibility of FBI's Close Hold: John Durham Will Blame Michael Sussmann that FBI Told Alfa Bank They Were Investigating

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emptywheel
John Durham will likely blame Michael Sussmann that, in advance of an election, the FBI called up the agent for the agent of Russian that was the subject of their investigation and told them they were investigating.
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The FBI Believed Michael Sussmann Was Working for the DNC ... Until Andrew DeFilippis Coached Them to Believe Otherwise

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emptywheel
Three different witnesses have, after interviews with Andrew DeFilippis, claimed to have a memory that conflicts with the documentary record with regards to whether the FBI believed that the white paper Michael Sussmann brought was prepared by the DNC.
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Jim Baker's "Doctored" Memory Forgot the Meeting He Had Immediately After His Michael Sussmann Meeting

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emptywheel
The currently "doctored" memory Jim Baker has of what happened on September 19, 2016, is not possible given that he had a meeting immediately after the meeting he had with Michael Sussmann.
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Technical Exhibits, Michael Sussmann Trial

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emptywheel
A repository of materials from the Michael Sussmann trial related to technical issues.
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Apprehension and Dread with Bates Stamps: The Case of Jim Baker's Missing Jencks Production

Sometimes, Bates stamps are a fun way to show how incompetent John Durham's investigation has been, or the lies he has told to the Judge. Sometimes, though, they leave me with a sense of dread that all the wrong people are going to get hurt.
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John Durham Is Prosecuting Michael Sussmann for Sharing a Tip on Now-Sanctioned Alfa Bank

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emptywheel
John Durham accused Michael Sussmann about lying to hide why he shared allegations about Presidential candidate Donald Trump. But formally, at least, the FBI didn't consider these allegations to be about Trump, they considered them to be about (now sanctioned) Alfa Bank.
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That Clinton Tweet Could Lead To a Mistrial (or Reversal on Appeal)

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emptywheel
Portions of the Michael Sussmann trial transcript unsealed overnight make it clear that Andrew DeFilippis violated not one but two orders from Judge Cooper to set off a media shitstorm over a tweet that Hillary didn't even have a role in.
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Jim Baker's Tweet and the Recidivist Foreign Influence Cheater

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emptywheel
Michael Sussmann's key exhibit proving that even if he lied it couldn't be material is a tweet that Jim Baker sent just after Trump promised to solicit foreign help getting elected again in 2019.
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The Methodology of Andrew DeFilippis' Elaborate Plot to Break Judge Cooper's Rules

Andrew DeFilippis pulled a stunt to have someone who admits he's not an expert on DNS make a categorical attack on the white paper Michael Sussmann shared with the FBI.
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Brittain Shaw's Privileged Attempt to Misrepresent Eric Lichtblau's Privilege

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emptywheel
Durham lawyer Brittain Shaw's bid to keep Eric Lichtblau off the stand makes sense from a person in the grip of a fevered conspiracy theory. It doesn't accord with a professional who has obligations to protect the privilege of others.
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emptywheel's Continuing Obsession with Sticky Notes, Michael Sussmann Trial Edition

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emptywheel
There are slight differences between the Bill Priestap and Trisha Anderson notes included in a motions filing and those submitted yesterday at Michael Sussmann's trial.
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John Durham's Lies with Metadata

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emptywheel
In April, John Durham provided evidence he was going to lie about what time on October 5, 2016 key emails involving Fusion GPS were sent. Yesterday, he appears to have done just that.
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With a Much-Anticipated Fusion GPS Witness, Andrew DeFilippis Bangs the Table

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emptywheel
Andrew DeFilippis has engaged in a series of stunts in an attempt to salvage his case against Michael Sussmann. One of them involved setting a perjury trap for Laura Seago.
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Like the January 6 Investigation, the Mueller Investigation Was Boosted by Congressional Investigations

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emptywheel
Reporters are stating, as fact, that it is unusual for DOJ to request for help from a congressional investigation that has (overtly at least) gotten a head start. That's a major misreading of what happened in the Mueller investigation.
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