Connect with us

Hi, what are you looking for?


Clinton campaign lawyer charged in Durham probe seeks mistrial

Lawyers for the defendant, Michael Sussmann, told the judge he can’t get a fair trial because one of the witnesses suggested Sussmann could answer a key question by testifying in his own defense, violating his constitutional rights. The witness was Marc Elias, who was the top lawyer for Clinton’s campaign, and was otherwise a relatively helpful witness for Sussmann’s defense.

“That suggestion implicates Mr. Sussmann’s Fifth Amendment right not to testify in his own defense, and Mr. Sussmann was deeply prejudiced by Mr. Elias’s comments and the Special Counsel’s efforts to double down on those comments,” Sussmann’s lawyers wrote in the filing.

Sussmann’s lawyers said in court earlier Wednesday they would seek a mistrial, but Judge Christopher Cooper said he was “not inclined” to grant their request. In the filing, Sussmann’s team said Cooper could also fix the issue by striking the problematic material from the record.

They also said Sussmann hasn’t decided whether he’ll testify in his own defense. They are preparing to put on a defense case with a handful of fact witnesses and character witnesses.

After the possibility of a mistrial was raised in court, special counsel prosecutors told the judge they chose their words carefully and didn’t try to elicit problematic testimony from Elias.

Prosecutors called Elias to the stand, but it was the defense attorneys who spurred him to make the comment in question. They asked if he knew whether Sussmann went to the FBI “on behalf of the (Clinton) campaign” in September 2019, with a tip about Donald Trump’s ties to Russia.

“I think you’d have to ask Mr. Sussmann,” Elias said. “I mean … I don’t know. From my standpoint, I would say no. But ‘on behalf of’ is kind of like a subjective-intent thing.”

Sussmann pleaded not guilty to one felony count of lying to the FBI. Durham says Sussmann falsely claimed that he wasn’t representing the Clinton campaign when he met with the FBI’s general counsel and provided a tip about Trump’s potential ties to a prominent Russian bank.

Click to comment

Leave a Reply

Your email address will not be published.

You May Also Like


On Friday, Willow’s crate was spotted being carried by a staff member from the White House residence to Marine One, the presidential helicopter that...


“As a teacher, I’ve imagined that scene in my own classroom, again and again,” said Biden during remarks at the National Parent Teachers Association’s...


Navarro is charged with contempt of Congress after failing to appear for testimony or turn over documents in the House select committee’s investigation. While...


The hearing, which had been scheduled for Wednesday but was postponed until next week, would feature former top Trump administration legal officials who stood...


Paladino, then a Buffalo school board member, was defending himself against allegations that previous comments he made were racist and said he cared about...


But there was a striking change from pre-2020 briefings: It touched on violent threats to election officials that stem from conspiracy theories about the...


But inside the Treasury Department, teams of sanctions experts view that resilience as a mirage. In exclusive interviews with CNN, top Treasury Department officials...


The presidential election controversy is roiling the Supreme Court again, as the House select committee investigating the January 6, 2021, US Capitol attack continues...