https://www.nationalreview.com/2021/12/is-durhams-case-on-clinton-tied-lawyer-michael-sussmann-collapsing/
To put it mildly, this is going to be a very tough case for Durham.
D efense counsel for Michael Sussmann, the former Perkins-Coie lawyer indicted by Russiagate special counsel John Durham for lying to the FBI, now claim that information they have received in pretrial discovery substantially undermines the prosecution’s case.
In the one-count indictment, filed in mid September, Durham alleges that Sussmann misleadingly concealed the identities of his clients when he brought the FBI information that then-presidential candidate Donald Trump was secretly communicating with the Kremlin.
According to the indictment, Sussmann told the bureau’s then-general counsel, James Baker, that he was not representing any client. This is now said to have been false because Sussmann was representing both the campaign of Trump’s rival, Hillary Clinton, and a cyber expert who was hoping to land a top tech job in the anticipated Clinton administration. At the meeting, Sussmann told Baker that Alfa Bank, a major Russian financial institution, was the conduit for Trump-Kremlin communications, with its servers transmitting messages to and from a server at Trump Tower in Manhattan. The FBI looked into the Alfa Bank allegation and ultimately rejected it.
According to the New York Times, Sussmann’s attorneys claim that prior statements by Baker indicate that he knew Sussmann was representing clients. At a minimum, he has said different things at different times. The critical September 19, 2016, meeting between Baker and Sussmann was short – less than 20 minutes in all – and they were the only two people in the room. The false-statement charge thus hinges on Baker’s memory; because it appears faulty, Sussmann’s lawyers contend that the prosecution will not be able to prove the case beyond a reasonable doubt.