The Real Story in Durham’s Indictment of Democratic Lawyer Michael Sussmann

The special counsel’s final report on the Clinton campaign’s manufacturing of the Trump–Russia collusion narrative will be very interesting reading.

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Then-Republican presidential nominee Donald Trump speaks at a campaign event in Green Bay, Wis., in August 2016.

Eric Thayer/Reuters

There is a long game and a short game going on in special counsel John Durham’s indictment of Democratic Party lawyer Michael Sussmann on a false-statements count.

The short of it is this: A false statement was allegedly made by Sussmann to the FBI’s then-general counsel, James Baker, on September 19, 2016. In federal law, the false-statement crime has a five-year statute of limitations, meaning it had to be charged by this Sunday (September 19, 2021). Consequently, even if Durham would probably have preferred to wait until his full investigation was concluded before filing indictments, by delaying beyond Sunday, he would have lost what appears to be an eminently provable felony charge. If he was going to indict Sussmann on this conduct, it was now or never.

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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