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DURHAM-SUSSMANN NOTES BATTLE PULLS BACK CURTAIN ON TRUMP-ERA FBI
by Jerry Dunleavy, Justice Department Reporter |
| May 10, 2022 02:31 PM
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Andrew McCabe, the former deputy director of the FBI, said Michael Sussmann met
with the bureau in September 2016 on behalf of a client, according to notes from
March 2017 made public by the Democratic cybersecurity lawyer.
The briefing notes contradict contemporaneous FBI notes and the defendant's own
text message, though the defense team thinks they could prove decisive in
special counsel John Durham's case against Sussmann.
Sussmann was indicted for allegedly concealing his clients, Hillary Clinton's
2016 campaign and “Tech Executive-1” Rodney Joffe, from FBI general counsel
James Baker in late summer 2016 when he presented internet data that suggested a
now-discredited back channel between the Trump Organization and Russia’s
Alfa-Bank.
Sussmann's lawyers argue the FBI notes they released Sunday are a game-changer.
“This new information directly contradicts the Special Counsel’s core allegation
in this case: that Mr. Sussmann falsely told Mr. Baker that he was not meeting
with Mr. Baker on behalf of any client,” the defense team wrote. “The FBI
apparently came to believe that Mr. Sussmann did have a client in connection
with his meeting with Mr. Baker.”
An FBI briefing of high-level DOJ officials on March 6, 2017, about the
Trump-Russia investigation seemed to have been spurred at least in part by March
4, 2017, tweets by then-President Donald Trump about having his “wires tapped"
by the Obama administration.
Handwritten notes during the meeting by Associate Deputy Attorney General
Tashina Gauhar put “attorney” in quotation marks and said the attorney “brought
to FBI on behalf of his client," though it may actually say "clients." The notes
add, “Alerted others in media. NYT.”
The notes by acting Assistant Attorney General Mary McCord say, “Attorney
brought to Jim Baker and d/n [did not] say who client was. Said computer
researchers saw contact."
DURHAM SAYS SUSSMANN PUT LIE TO FBI IN WRITING
Associate Deputy Attorney General Scott Schools did not use the word “client” in
his March 2017 notes, writing, “An attorney brought info to Baker … Source
attorney — [REDACTED].”
Durham stressed last week these DOJ officials "were not present for the
defendant’s 2016 meeting with the FBI General Counsel.”
Judge Christopher Cooper, presiding over the case, ruled this weekend that notes
taken by Assistant Director of the FBI’s Counterintelligence Division Bill
Priestap and FBI Deputy General Counsel Trisha Anderson being allowed as
evidence “depends both on whether Mr. Baker’s credibility is attacked and on Mr.
Priestap and Ms. Anderson’s testimony.”
Baker met with Priestap and Anderson after his Sussmann meeting in 2016.
Priestap wrote that Baker said Sussmann “said not doing this for any client.”
Anderson wrote in part, “No specific client.”
Durham revealed last month that Sussmann also put his lie down in writing in a
text message to Baker the night before their meeting.
“I have something time-sensitive (and sensitive) I need to discuss,” Sussmann
wrote to the FBI's top lawyer, adding, "I’m coming on my own – not on behalf of
a client or company – want to help the Bureau.”
Durham says Baker plans to testify as a prosecution witness.
Cooper said Saturday, “If Mr. Baker’s memory is challenged on cross examination
[this strikes the Court as no sure thing given the recent revelation of a text
message apparently sent by Mr. Sussmann to Mr. Baker the day before their
meeting indicating that he was not attending the meeting on behalf of a client],
his prior consistent statement would be admissible."
The notes released by Sussmann's team go well beyond the "client" debate,
showing an FBI attempting to justify and explain its ongoing Trump-Russia
investigation in the early days of the Trump administration. Since-fired FBI
special agent Peter Strzok presented falsehoods about the basis for Crossfire
Hurricane as the bureau planned how to respond to a flurry of tweets by Trump.
“Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just
before the victory. Nothing found. This is McCarthyism!” Trump had tweeted two
days before the 2017 FBI meeting.
Notes from Schools show that McCabe talked at length about Trump’s “tweet
activity.” McCord’s notes said, “FBI trying to determine what is behind POTUS
tweets.”
The FBI officials speculated Trump may have been referring to the FISA wiretaps
of Trump campaign associate Carter Page and to the Alfa-Bank allegations.
The bureau thought Trump was likely citing a March 2017 Breitbart article that
stated, “the Obama administration sought, and eventually obtained, authorization
to eavesdrop on the Trump campaign.”
The FBI also speculated that some of the issues raised may have been sourced
from a New York Times article published on Halloween 2016 about the FBI and the
Alfa-Bank claims.
Gauhar wrote, “Leak around October —> that FISA being denied —> [REDACTED].”
The notes from Schools indicate McCabe said the “goals” at the House and Senate
Intelligence Committees were to “level set investigation” and “level set issue
re: POTUS.” Gauhar’s notes echoed this.
“I have no information that supports those [Trump's] tweets and we have looked
carefully inside the FBI,” then-FBI Director James Comey told Congress on March
20, 2017.
Durham revealed he has evidence Joffe “exploited” domain name system internet
traffic at Trump Tower, Trump’s Central Park West apartment building, and the
Executive Office of the President.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Gauhar’s notes also referred to an overview of the October 2016 FISA
surveillance of Page, calling the FISA “fruitful." Her notes reference “Crown
Source Reporting,” referring to British ex-spy Christopher Steele.
DOJ Inspector General Michael Horowitz’s report criticized the Justice
Department and the FBI for at least 17 “significant errors and omissions”
related to the FISA warrants against Page and for the bureau's reliance on
Steele’s discredited dossier. The Justice Department told the FISA court it
believed at least the final two of four FISA warrants on Page were “not valid."
FBI Director Christopher Wray agreed there had been at least some illegal
surveillance, and the bureau worked to “claw back” FISA information.
The FISA Court condemned the FBI’s actions, and ex-FBI lawyer Kevin Clinesmith
pleaded guilty to fraudulently changing an email to state Page was “not a
source” for the CIA as he pushed for FISA renewal.
News
FBI
John Durham
Andrew McCabe
Washington D.C.
Donald Trump
FISA
James Comey
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