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Michael Sussmann is facing trial in May for one count of lying to the FBI, like Mike Flynn who may have been tricked into doing the same. For Flynn, a Trump ally, the DOJ recommended he serve 6 months in prison but was pardoned by then-President Trump. If found guilty, it will be interesting to see if Sussmann serves any time.
John Durham's team claims that Sussmann brought data about an alleged connection between Trump and Alfa Bank to James A. Baker at the FBI in 2016.
Flynn's lie was that he said that he had not spoken to his Russian counterpart, which he did and is actually part of the job he had.
So Sussmann's lie was to damage Trump, while Flynn's was just stupid but not as bad as Sussmann's, Hillary Clinton's former lawyer.
Sussmann (allegedly) claimed that he was providing the FBI with material as a citizen, not on behalf of his client, Hillary Clinton. Beyond the fact that he lied, Sussmann even billed the campaign for the meeting with the FBI--that's as smart as Jussie Smollett writing a check to his MAGA "attackers."
Sussmann’s own attorneys denied that he lied to the FBI but starting in February they also made an alternative argument. Even if Sussmann had lied to the FBI, that lie would have been “ancillary” and therefore immaterial. This is known as "flip-flopping."
“It has long been a crime to make a false statement to the government. But the law criminalizes only false statements that are material—false statements that matter because they can actually affect a specific decision of the government,” the lawyers wrote, adding that, by contrast, false statements “about ancillary matters” are “immaterial and cannot give rise to criminal liability.”
“It has long been a crime to make a false statement to the government. But the law criminalizes only false statements that are material—false statements that matter because they can actually affect a specific decision of the government,” the lawyers wrote, adding that, by contrast, false statements “about ancillary matters” are “immaterial and cannot give rise to criminal liability.”
The flip-flopping may have come from Durham's team revealing that they had a text message sent to James A. Baker at the FBI on the night before they met. So, on September 18, 2016 at 7:24 p.m., the night before they met, Sussmann put his lie in writing and sent the following message to the General Counsel's cellphone:
Jim — It’s Michael Sussmann. I have something time-sensitive (and sensitive) I need to discuss. Do you have availability for a short meeting tomorrow? I’m coming on my own – not on behalf of a client or company – want to help the Bureau. Thanks.
The FBI General Counsel responded: “Ok. I will find a time. What might work for you?”
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Meanwhile, Hillary Clinton is back in the news telling lies of her own, lie such as: Joe Biden is a great president.
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