Durham’s Work Must Go On, despite Sussmann Acquittal

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Special Counsel John Durham departs the U.S. Federal Courthouse after opening arguments in the trial of Attorney Michael Sussmann in Washington, D.C., May 17, 2022.

Julia Nikhinson/Reuters

The usual suspects are taking the acquittal of Democratic lawyer Michael Sussmann as proof that Special Counsel John Durham never had a real case to investigate. Instead, it should put a spotlight on what really needs investigating: the FBI’s role in the Trump–Russia “collusion” farce.

In the case that Durham unwisely brought, the FBI played the part of the victim. And there is no serious question that Sussmann lied to it. He conveyed an allegation that Donald Trump, at the time the Republican presidential candidate, had established a communications back channel with the Kremlin through servers at Russia’s Alfa Bank. While the allegation was based on misleadingly mined Internet data, the lie at issue in the trial was Sussmann’s claim not to be representing a client. At the time, he was in fact representing both the campaign of Trump’s opponent, Hillary Clinton, and the tech executive who had compiled the data, Clinton partisan Rodney Joffe.

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The Editors

The Editors comprise the senior editorial staff of the National Review magazine and website.

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