Judge Gives Ample Leeway to Prove Sussmann Lied to FBI but Limits Durham’s ‘Joint Venture’ Evidence

Durham’s case against Sussmann is a narrow one, rather than a final report from the special counsel.

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Left: U.S. Attorney John Durham. Right: Michael Sussmann on C-SPAN in 2016.

United States Attorney’s Office, District of Connecticut/Wikimedia; Screenshot via C-SPAN

‘Mr. Sussmann is not charged with a conspiracy.” With that simple assertion of the obvious, Judge Christopher Cooper explained why he is limiting Special Counsel John Durham’s evidence that Michael Sussmann was complicit in a conspiracy to defraud the government — i.e., a scheme to entice the FBI, based on suspect data compiled by Hillary Clinton’s 2016 campaign, into investigating an alleged communications back channel between the Kremlin and then–Republican nominee Donald Trump.

Notice, I said limiting. Judge Cooper is not cutting Durham off at the knees. If the court is true to its word, Durham is going to be given plenty of latitude to prove his case.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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