Durham probe: Judge must decide whether to dismiss Sussmann case

U.S. District Court Judge Christopher Cooper said Thursday that after hearing arguments from the defense and Special Counsel John Durham’s office, he will decide whether to drop the case against Michael Sussmann, an attorney Hillary Clinton campaign accused of lying to FBI.

At a motion hearing, Sussmann’s legal team said Cooper should drop the case because the factual allegations did not rise to the level of a crime. They claimed that even if Sussmann had lied – and they insist he did not – the lie he is accused of telling is not significant enough to meet the required legal standard. to be “material”.

DURHAM PROBE: JUDGE REJECTS SUSSMANN’S REQUEST TO CLOSE SPECIAL ADVOCAT’S FACTUAL BACKGROUND

Federal prosecutors say Sussmann falsely stated that he was not acting on behalf of any clients when he arranged and held a meeting with FBI officials and presented material purporting to be evidence that the candidate of the At the time, Donald Trump, had a secret communication channel with a Kremlin-connected Russian bank. In reality, according to prosecutors, Sussmann was working for the Clinton campaign and an unnamed technology executive.

Special Counsel John Durham’s team told the court that the FBI would have viewed the information provided by Sussmann very differently and with skepticism had they known Sussmann was working for the DNC and the Clinton campaign at the time. , which is why investigators deemed the alleged lie to be material.

TRUMP SUES HILLARY CLINTON, DNC, OFFICIALS INVOLVED IN RUSSIA PROBE

Sussmann’s lawyer, Michael Bosworth, said the case, if allowed, would have a “chilling effect” on those who could give advice to the government.

CLICK HERE TO GET THE FOX NEWS APP

Both sides have already submitted written briefs, and Cooper said he would consider those and the arguments made at Thursday’s hearing before issuing a written decision, but he did not say when that decision would come. .