“Special Counsel John Durham on Thursday said that there is “no basis” to “strike” any part of his recent filing, despite a motion from Clinton campaign lawyer Michael Sussmann to do so.
Durham pushed back against claims that his office “intentionally sought to politicize” the case, and instead, defended the “additional factual detail” he included, which he argued is “central to proving” Sussmann’s “alleged criminal conduct.”
Sussmann’s legal team on Tuesday filed a motion demanding that the court “strike” portions of Durham’s Feb. 11 filing, including the section titled “Factual Background,” claiming the sections would “taint” the jury pool.
Durham, in a new filing Thursday night, urged the court to “deny the defendant’s motion.”
“As an initial matter, defense counsel has presumed the Government’s bad faith and asserts the Special Counsel’s Office intentionally sought to politicize this case, inflame media coverage, and taint the jury pool,” Durham’s filing states.
“That is simply not true,” Durham states, noting that his Feb. 11 filing “included two paragraphs of limited additional factual detail in its Motion for valid and straightforward reasons.”
“First, those paragraphs reflect conduct that is intertwined with, and part of, events that are central to proving the defendant’s alleged criminal conduct,” Durham wrote.
“Second, the Government included these paragraphs to apprise the Court of the factual basis for one of the potential conflicts described in the Government’s Motion, namely, that a member of the defense team was working for the Executive Office of the President of the United States (“EOP”) during relevant events that involved the EOP,” Durham wrote.
Durham added: “If third parties or members of the media have overstated, understated, or otherwise misinterpreted facts contained in the Government’s Motion, that does not in any way undermine the valid reasons for the Government’s inclusion of this information.”
“In light of the above, there is no basis to strike any portion of the Government’s Motion,” Durham wrote, adding that the government intends to file motions in which it will “further discuss these and other pertinent facts to explain why they constitute relevant and admissible evidence at trial.” (Read more: Fox News, 2/17/2022) (Archive)
Techno Fog writes:
Here’s why Sussmann is likely to fail.
Sussmann was trading on his name – former DOJ lawyer, purported cybersecurity expert – to convince the FBI to open an investigation.
He knew his reputation was material to what the FBI would do with the (false) Alfa Bank info.
— Techno Fog (@Techno_Fog) February 17, 2022