Looks like the defense is trying to make light of the charges.
- This is a story about smoke and mirrors (uses magician's diversionary tactics analogy)
- Opposition research is not illegal (or prisons would be full of people in DC)
- Defense is not focused on what Sussmann said to FBI on 9/19/16 or consistency with 9/18 text message
- Says flash drives purchased on 9/13/16 could have been for other purposes for the campaign
- Says "smoking gun" billing record from 9/19/16 is faulty -- doesn't indicate anything about the meeting w/FBI
- Says no bills sent to Joffe for 9/19/16 meeting and says Sussmann didn't bill Hillary FA for taxi ride expense to the FBI
- Witnesses from the Clinton campaign testified they did NOT authorize meeting w/ FBI
- Says going to the FBI would not be in the interest of the Clinton campaign because of past experience -- didn't trust the FBI (email investigation)
- Shows billing statements where Sussmann worked the DNC "hacking" investigation that shows he billed his time for FBI meetings (explicit notation)
- Pokes fun at prosecution using Staples receipt and google map (showing location)
- Says Joffe would get no financial benefit from going to the FBI (FYI, they weren't allowed to show Joffe had a job offer from Hillary Admin)
- Says Sussmann gave Baker the info because he would know what if anything to do with it
- Says Baker testified he would want a heads up if he knew the NYT was going to publish a story about a national security matter
- Says info given to NYT wasn't conclusive and that NYT presumably did further investigation
- Says Sussmann had no incentive to lie to FBI
- Says Joffe didn't want to disclose his name for fear for his life
- Shows photo of Litchblau with his Pulizer Prize (LMAO!!!)
- Says Sussmann didn't say he was not representing client on 9/19 b/c meeting was short. Says Baker's memory is faulty.
- Says Baker has been inconsistent in the past on this subject -- and only confirmed info after he was shown Priestap notes
- Says reasonable doubt because of Baker's "memory" and failure to locate 9/18 text message until much later shows he didn't remember
- Says Sussmann is an ethical, credible lawyer -- and Baker testified to this fact
- Says Sussmann had a Nat'l Security Clearance and vibrant National Security practice -- it makes no sense he would lie. He had everything to lose and nothing to gain
- Says Sussmann did not ask anything of the FBI in the meeting
- Shows testimony of Mook and Elias -- they didn't authorize or ask Sussmann to go to FBI; Mook didn't trust the FBI
- Says Sussmann had DNC tatooed on his forhead (meaning there's no way the FBI didn't know who he repped)
- Says the FBI would have met w/Sussmann regardless of who he was representing
- Makes note of the FBI never interviewing Sussmann or the originator of the white paper -- says burden is on the FBI (good point)
- Failure to interview goes to materiality
- FBI Gaynor testified he didn't want investigators to know info came from a Dem Lawyer, because he didn't want them to view it as biased
- Says prosecutors are relying on vague meeting minutes and phone logs
- Says case is made of circumstantial evidence manufactured by prosecutors (using snow making machine analogy)
- Says Baker delivered for prosecution because prosecution met over and over again with him (10 times)
- Emphasizes that witnesses Baker, Heide and Gaynor are under investigation by the FBI
- Says no proof Sussmann meetings w/ Hillary team discussed Alfa Bank
- Says investigation is an embarrassment-- emphasizing the 5150 comment made by FBI cyber analyst Hellman about the white paper
- Says do you remember what you said to someone yesterday -- if not, that's reasonable doubt, case closed!
Summary * Ends argument with analogy of statue of liberty. It's time to end the political conspiracies!
Geez, this was hard to follow! I compiled the comments from reporters in the room: , +
Looks like the defense is trying to make light of the charges.
* This is a story about smoke and mirrors (uses magician's diversionary tactics analogy)
* Opposition research is not illegal (or prisons would be full of people in DC)
* Defense is not focused on what Sussmann said to FBI on 9/19/16 or consistency with 9/18 text message
* Says flash drives purchased on 9/13/16 could have been for other purposes for the campaign
* Says "smoking gun" billing record from 9/19/16 is faulty -- doesn't indicate anything about the meeting w/FBI
* Says no bills sent to Joffe for 9/19/16 meeting and says Sussmann didn't bill Hillary FA for taxi ride expense to the FBI
* Witnesses from the Clinton campaign testified they did NOT authorize meeting w/ FBI
* Says going to the FBI would not be in the interest of the Clinton campaign because of past experience -- didn't trust the FBI (email investigation)
* Shows billing statements where Sussmann worked the DNC "hacking" investigation that shows he billed his time for FBI meetings (explicit notation)
* Pokes fun at prosecution using Staples receipt and google map (showing location)
* Says Joffe would get no financial benefit from going to the FBI (FYI, they weren't allowed to show Joffe had a job offer from Hillary Admin)
* Says Sussmann gave Baker the info because he would know what if anything to do with it
* Says Baker testified he would want a heads up if he knew the NYT was going to publish a story about a national security matter
* Says info given to NYT wasn't conclusive and that NYT presumably did further investigation
* Says Sussmann had no incentive to lie to FBI
* Says Joffe didn't want to disclose his name for fear for his life
* Shows photo of Litchblau with his Pulizer Prize (LMAO!!!)
* Says Sussmann didn't say he was not representing client on 9/19 b/c meeting was short. Says Baker's memory is faulty.
* Says Baker has been inconsistent in the past on this subject -- and only confirmed info after he was shown Priestap notes
* Says reasonable doubt because of Baker's "memory" and failure to locate 9/18 text message until much later shows he didn't remember
* Says Sussmann is an ethical, credible lawyer -- and Baker testified to this fact
* Says Sussmann had a Nat'l Security Clearance and vibrant National Security practice -- it makes no sense he would lie. He had
everything to lose and nothing to gain
* Says Sussmann did not ask anything of the FBI in the meeting
* Shows testimony of Mook and Elias -- they didn't authorize or ask Sussmann to go to FBI; Mook didn't trust the FBI
* Says Sussmann had DNC tatooed on his forhead (meaning there's no way the FBI didn't know who he repped)
* Says the FBI would have met w/Sussmann regardless of who he was representing
* Makes note of the FBI never interviewing Sussmann or the originator of the white paper -- says burden is on the FBI (good point)
* Failure to interview goes to materiality
* FBI Gaynor testified he didn't want investigators to know info came from a Dem Lawyer, because he didn't want them to view it as biased
* Says prosecutors are relying on vague meeting minutes and phone logs
* Says case is made of circumstantial evidence manufactured by prosecutors (using snow making machine analogy)
* Says Baker delivered for prosecution because prosecution met over and over again with him (10 times)
* Emphasizes that witnesses Baker, Heide and Gaynor are under investigation by the FBI
* Says no proof Sussmann meetings w/ Hillary team discussed Alfa Bank
* Says investigation is an embarrassment-- emphasizing the 5150 comment made by FBI cyber analyst Hellman about the white paper
* Says do you remember what you said to someone yesterday -- if not, that's reasonable doubt, case closed!
Summary
* Ends argument with analogy of statue of liberty. It's time to end the political conspiracies!
Geez, this was hard to follow! I compiled the comments from reporters in the room: @Charlie_Savage, @SarahNLynch + @RealWqnderWqman
(post is archived)