Reluctant Witness Devastates Defense Claims In Special Counsel Criminal Case

Former FBI General Counsel James Baker felt responsible for dragging his friend Michael Sussmann “into a maelstrom,” yet remained “100 percent confident” that Sussmann had claimed, when providing Baker the Alfa Bank “intel,” that he was not there “on behalf of any particular client.” Baker’s testimony yesterday in United States v. Sussmann proved devasting to the former Hillary Clinton campaign attorney both in substance and in circumstance.

The indictment charged Sussmann with violating Section 1001 of the federal criminal code by telling Baker he was passing on the Alfa Bank information as a concerned citizen, not on behalf of any client, when in fact Sussmann represented both the Clinton campaign and tech executive Rodney Joffe. Earlier this week, during opening arguments, Sussmann’s legal team told the jury that prosecutors would be unable to establish what Sussmann actually said to Baker and would fail to prove the alleged lie “mattered.”

Yesterday, Baker proved Sussmann’s high-powered Latham and Watkins’ attorneys wrong when the former FBI general counsel testified he was “100 percent confident” that Sussmann had denied acting “on behalf of any particular client” during their September 19, 2016 meeting. “My memory on this point, sitting here today, is clear,” Baker told the jury.

Sussmann made the comments “pretty close to the beginning of the meeting,” Baker explained, noting it was “part of his introduction to the meeting.” Sussmann would go on to provide Baker with two thumb drives and several whitepapers, which Baker said Sussmann explained concerned “an apparent surreptitious communications channel between Alfa-Bank, which he described as being connected to the Kremlin in Russia, and some part of the Trump Organization in the U.S.”

Besides attesting to his 100 percent confidence level in what Sussmann had said, Baker explained to the jury his apparent earlier equivocation about Sussmann’s representations. When asked by lead prosecutor Andrew DeFilippis about his congressional testimony in which he appeared not to remember Sussmann’s statements, Baker told the jury he had not prepared for questions about his meeting with Sussmann and had not refreshed his memory at the time. (Read more from “Reluctant Witness Devastates Defense Claims in Special Counsel Criminal Case” HERE)

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