The Prosecution In The Durham Investigation Are Charging That Clinton’s Lawyer Tried To Use The FBI To Create An “October Surprise” For Donald Trump

It was recently reported by Fox that Special Counsel John Durham’s team in its opening argument Tuesday alleged that former Clinton campaign lawyer Michael Sussmann used the FBI as “a political tool” to “manipulate” the bureau on “the eve” of the 2016 presidential election to create an “October surprise” against then-candidate Donald Trump — a plan that “largely succeeded.”

Sussmann is charged with making a false statement to the FBI when he told former FBI General Counsel James Baker in September 2016 — less than two months before the presidential election — that he was not doing work “for any client” when he requested and attended a meeting with Baker where he presented “purported data and ‘white papers’ that allegedly demonstrated a covert communicates channel” between the Trump Organization and Alfa Bank, which has ties to the Kremlin.

Durham’s team alleges Sussmann was, in fact, doing work for two clients: the Hillary Clinton campaign and a technology executive, Rodney Joffe. Following the meeting with Baker, Sussmann billed the Hillary Clinton campaign for his work. Sussmann has pleaded not guilty to the charge.  Federal prosecutor Deborah Brittain Shaw delivered the government’s opening argument, saying the case is one “about privilege.”

“Privilege of a lawyer who thought he could lie to the FBI without consequences; privilege of a lawyer who thought that for the powerful, normal rules didn’t apply,” Shaw argued on behalf of the government. The government argued that in bringing the “serious allegations” to the FBI, Sussmann “bypassed normal channels and went straight to the FBI’s top lawyer,” then-General Counsel James Baker.

“He then sat across from that lawyer and lied to him,” Shaw said, noting the lie was “designed to achieve political” ends, and “designed to inject the FBI into the election.” The government, in delivering the argument, wanted to “address the proverbial elephant in the room.”

“Some people have very strong feelings about politics, and about Russia, and many people have strong feelings about Donald Trump and Hillary Clinton,” Shaw said. “We are not here because allegations involve either.” 

“We are here because the FBI is our institution that should don’t be used as a political tool for anyone — not Republicans, not Democrats, not anyone,” Shaw said, urging jurors to leave their own “political views” out of the decisions they make in the courtroom.

The government said the evidence presented throughout the trial will show that “the lie” was part of a “bigger plan,” one to “create an October surprise on the eve of the presidential election.” “A plan that used and manipulated the FBI. A plan that the defendant hoped would trigger news outlets and trigger an FBI investigation,” Shaw said. “A plan that largely succeeded.” 

The government plans to discuss details of Sussmann’s meetings with the opposition research firm the Clinton campaign hired to dig up dirt on the Trump campaign — Fusion GPS. The now-infamous anti-Trump dossier, which contained allegations of purported coordination between Trump and the Russian government, was authored by Christopher Steele, an ex-British intelligence officer, and commissioned by Fusion GPS.

Perkins Coie, where Sussmann had been employed, is the law firm through which the Democratic National Committee (DNC) and the Clinton campaign funded the dossier. “Opposition research is something that happens in politics and has for years — Republicans do it, Democrats do it,” the government argued, noting that “opposition research is not illegal,” but lying to the FBI is.