Former FBI Deputy Director Andrew McCabe has been sucked into the trial of ex-Clinton attorney Michael Sussmann after a court filing showed he knew the lawyer was acting on behalf of an unidentified client who attempted to implicate former President Donald Trump in Russian collusion.
Washington, DC, Judge Christopher Cooper, an Obama-appointed judge, ruled that the Justice Department notes in that filing might be available to Sussmann to use during his defense in the trial that is set to begin on Monday.
“If the defense believes in good faith that it will be able to lay a proper foundation for the notes, it is free to mention them in its opening statement,” Cooper stated, opening the door for McCabe’s inclusion in the trial.
Two top Justice Department officials made the notes during a March 2017 briefing that included then-acting Attorney General Dana Boente. The meeting covered a number of Russia-related investigations, including the allegations that Sussmann brought before the FBI in September 2016.
I can sum it up. Obama & Co illegally spied on ppl using the NSA databases and when they feared Trump might win & expose their malfeasance, they conspired to undermine him by making up the Russian collusion fairytale.
— BrockroachExterminator ⚖ (@TruthDespiteMSM) May 13, 2022
Special counsel John Durham is accusing Sussmann of lying to the government because he claimed that he wasn’t “acting on behalf of any client”. The former Clinton attorney’s alleged lie is based on the premise that he gave then-FBI general counsel James Baker since-debunked reports and data that claimed to reveal a secret backchannel between a Trump Organization computer server and Russia’s Alfa Bank.
Durham asserts that Sussmann was representing both Clinton’s campaign and tech executive, Rodney Joffe. The purported evidence against him includes notes made by two FBI officials, Bill Priestap and Trisha Anderson.
Durham also claims to have 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.
The New York Post dug deeper into McCabe’s potential involvement in the trial:
But the notes made by Mary McCord and Tahsina Gauhar about the March 6, 2017, briefing “suggest that Mr. McCabe advised the group that the Alfa Bank allegations were shared with the FBI by an ‘attorney…on behalf of his client,’ or by an attorney who had a client, but ‘d(id)/n(ot) say who (the) client was,’” Cooper wrote.
Sussman’s lawyers have also said that more than 300 FBI email chains they reviewed show the feds knew he worked for Democratic campaigns, according to the Washington Post.
Cooper said McCord and Gauhar’s notes about McCabe’s remarks “present a hearsay problem,” in part because “Mr. McCabe is not on either party’s witness list, and, apparently, neither of the notetakers (who are expected to testify) clearly remember him making the statement at the meeting.”
But he said their notes could potentially be used in court if they meet certain criteria, including having been “made contemporaneously with the conversation and not after the fact.”
The judge will reportedly not rule on the notes’ admissibility until the trial commences.
McCabe was fired by the FBI in March of 2018 following a determination that he “made an unauthorized disclosure to the news media and lacked candor — including under oath — on multiple occasions.”
The National Enquirer has more credibility than McCabe…
— Par4🇺🇸 (@_par4) May 11, 2022
That leak resulted in a Wall Street Journal story that exposed an FBI investigation into Clinton and the Clinton Foundation. McCabe denied being the source of the leak but later admitted to it and apologized to FBI agents who spent weeks trying to find out who the leaker was.
In October of 2021, the Department of Justice decided to give McCabe his pension back and reimbursed him approximately $200,000 in pay in order to settle a lawsuit that contended his firing was politically motivated.
Cooper is also being asked to stop Durham’s legal team from questioning a former New York Times reporter who’s on Sussmann’s witness list. Eric Lichtblau’s lawyers don’t want him to be cross-examined on anything other than his communications with Sussmann.
Lichtblau is evidently worried he might have to answer questions about other reporting he has done on Trump’s alleged ties to Russia.
Durham is in possession of emails between Lichtblau and unidentified “third parties.” The journalist’s attorneys claim that questioning him about those emails would violate his First Amendment right to protect his sources.
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