McCarthy: Was the FBI a dupe or are they a willing collaborator?

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Clinton campaign lawyer Sussmann found not guilt of lying to FBI

'Special Report' panelists react to the jury's not guilty verdict of Hillary Clinton's campaign lawyer in the Durham probe on Tuesday's 'Special Report.'

Tuesday's "Special Report" panelists discussed the jury's decision to find Hillary Clinton's campaign lawyer Michael Sussmann, not guilty of lying to FBI and what to expect next in the Durham probe.

ANDY MCCARTHY: In order to figure out this case, I think you really have to make up your mind about what the FBI is. Are they a dupe or are they a willing collaborator? Durham has staked his investigation on the notion that they're dupe. You have to prove for materiality purposes in a false statements trial that the duped party actually was fooled. And I think the evidence here was pretty strong, even though what Sussman told them was false, it was factually untrue. They weren't fooled at all by it. They fully knew that they were getting political information from a partisan source. And a lot of what they did was designed to conceal the fact that they knew that.

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GUY BENSON: Well it was a setback, because this was an acquittal. There's no debating that. But the piece that you just quoted also makes a decent point, which is the public learned a lot more about what happened on the whole Russia matter and Hillary Clinton's personal involvement in greenlighting some of this oppo research being peddled around that turned out to be false. And we learned that from her campaign manager. There were a few of her donors on this jury in a very blue jurisdiction. I know some people are pointing to that as a factor here, but I, I defer more to Andy's legal judgment about why this became such a difficult case for the prosecution to argue and win, given the behavior, the actions of the FBI itself and how it handled the information they got from Mr. Sussmann. 

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