Former Clinton campaign lawyer Michael Sussmann asked a federal judge Thursday to dismiss the charges filed against him by special counsel John Durham, who is investigating the Justice Department’s actions in the early stages of the Trump-Russia collusion probe.
In a court filing Thursday, Mr. Sussmann’s lawyers said the charges against him are bogus and an example of “prosecutorial overreach.”
“The special counsel’s unprecedented and unlawful overreach should not be countenanced and the single count against Mr. Sussmann should be dismissed,” the attorneys with Latham & Watkins wrote.
A spokesperson for Mr. Durham declined to comment on the filing.
Mr. Sussmann has pleaded not guilty to one charge of lying to the FBI by not disclosing to a bureau official that he was working for Democratic nominee Hillary Clinton’s presidential campaign when bringing them tips of a Trump-Russia link.
Those suspicions were later determined to be unfounded.
Mr. Sussmann’s attorneys say that their client did not lie, but even if he did mislead the FBI about his ties to the Clinton campaign, it was an “ancillary matter” that did not affect the FBI’s decision to investigate former President Donald Trump.
“At the end of the day, Hillary Clinton herself could have publicly handed over the Russian Bank-1 information and the FBI would still have investigated it,” the lawyers wrote, noting the FBI routinely accepts anonymous tips.
“The closest the indictment comes is the suggestion that Mr. Sussmann’s supposed client relationships were ‘relevant’ because they ‘might have’ led the FBI to take ‘additional or incremental steps,” they wrote.
“My belief at this point is it’s not true,” Mr. Mueller said of the secret server communications during congressional testimony in 2019.
Attorneys for Mr. Sussmann do not address the recent claims by the special counsel that link him to tech experts who “exploited” their access to Mr. Trump’s internet traffic at the White House and his residences.
• Jeff Mordock can be reached at email@example.com.
Copyright © 2022 The Washington Times, LLC.