Durham Admits That At least One Man Lied About Trump

The indictment against Sussmann focuses on a meeting between him and Baker on September 19, 2016. Sussmann disproved 'secret backchannel claims' between Russia’s Alfa Bank and the Trump Organization.

December 13, 2021

Durham insists that while Sussmann told Baker he was not working for any special client, Sussmann was secretly working for Hillary Clinton’s campaign. He also alleged that Sussman billed his services to her.

Sussmann rejects misleading the FBI and pleaded not guilty.

As part of its effort to push for an early May 2022 trial date instead of the July 2022 trial date preferred by prosecutors, Sussmann’s team claimed on Monday Durham’s team handed over reports with Baker’s statements about the 2016 meeting. The reports, “directly contradict the Special Counsel’s allegation that Mr. Sussmann affirmatively told Mr. Baker that he was not meeting with him on behalf of any clients.” The team pointed to sections of interviews Baker gave to DOJ inspector general Michael Horowitz’s investigators in 2019 and to Durham’s team in 2020.

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Durham’s team quickly pushed back in a Tuesday court filing.

“As the defendant is aware from discovery, both of those interviews occurred years after the events in question, and Mr. Baker made these statements before he had the opportunity to refresh his recollection with contemporaneous or near-contemporaneous notes that have been provided to the defense in discovery,” Durham’s team said.

December 13, 2021

“Indeed, the defendant’s motion entirely ignores law enforcement reports of Mr. Baker’s subsequent three interviews with the Special Counsel’s Office in which he affirmed and then re-affirmed his now-clear recollection of the defendant’s false statement.”

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Durham’s team made it clear in October that they wish to call Baker to testify to establish their case.

Sussmann’s team noted to the court that Baker said in a 2019 interview that Sussmann talked about “his clients, who were, he described as I recall it, sort of cyber-security experts.”

December 13, 2021

Durham’s team also wrote in a summary in 2020 that “Baker said that Sussmann did not specify that he was representing a client regarding the matter, nor did Baker ask him if he was representing a client. Baker said it did not seem like Sussmann was representing a client.”

Sussmann’s lawyers said the presence of what they see as exculpatory information “only underscores the baseless and unprecedented nature of this indictment.”