Durham probe: Judge to decide whether to dismiss Sussmann case

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U.S. District Court Judge Christopher Cooper said Thursday that after hearing arguments from the defense and from Special Counsel John Durham's office, he will make a determination whether to dismiss the case against Michael Sussmann, a Hillary Clinton campaign lawyer accused of lying to the FBI.

At a motion hearing, Sussmann's legal team said Cooper should toss the case because the factual allegations did not rise to the level of a crime. They claimed that even if Sussmann lied – and they insist he did not – the lie he is accused of telling is not significant enough to meet the required legal standard of being "material."

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Federal prosecutors say that Sussmann falsely said he was not acting on behalf of any client when he arranged and held a meeting with FBI officials and presented material that was purported to be evidence that then-candidate Donald Trump had a secret communications channel with a Kremlin-connected Russian bank. In reality, prosecutors say, Sussmann was working on behalf of Clinton's campaign and an unnamed tech executive.

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Special Counsel John Durham's team told the court the FBI would have viewed the information provided by Sussmann much differently and with skepticism had it known Sussmann was working for the DNC and the Clinton campaign at the time, which is why investigators deemed the alleged lie to be material.

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Sussmann's attorney, Michael Bosworth, claimed that the case, if allowed to proceed, would have a "chilling effect" on those who might come forward with tips to the government.

John Durham (left) and Michael Sussmann.   (Sussman photo: Perkins Coie)

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Both sides have already submitted written briefs, and Cooper said he would review those and the arguments made during Thursday's hearing before issuing a written ruling, but he did not say when that ruling will come.