Durham probe: Judge rejects Sussmann request to ‘strike’ special counsel’s ‘factual background’


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The federal judge presiding over the case of former Clinton campaign lawyer Michael Sussmann rejected his motion to “strike” the “factual background” section of Special Counsel John Durham’s February filing Thursday.

Sussmann’s legal team last month filed a motion demanding that the court “strike” portions of Durham’s Feb. 11 filing, including the “Factual Background” section, claiming it would “taint” a jury pool.

CLINTON CAMPAIGN LAWYER SUSSMANN ASKS COURT TO ‘STRIKE’ DURHAM’S ‘FACTUAL BACKGROUND’ FROM LATEST FILING

“I’m not going to strike anything from the record,” U.S. District Court for the District of Columbia Judge Christopher Cooper said Thursday during a status hearing. “Whatever effect the filing has had has already passed.”

John Durham and Michael Sussmann.  
(Sussman photo from Perkins Coie)

Durham, in a Feb. 11 filing with the “Factual Background” in question, alleged Sussmann provided two U.S. government agencies with information from a tech executive that attempted to tie Donald Trump, who was a presidential candidate at the time, to Russia-based Alfa Bank. 

The tech executive has since identified himself as Rodney Joffe. Joffe is not named in Durham’s filing and has not been charged with a crime.

Durham alleged that Sussmann, Joffe and Joffe’s associates “exploited” internet traffic about a “particular healthcare provider,” Trump Tower, Trump’s Central Park West apartment building and the Executive Office of the President of the United States in order to “establish ‘an inference’ and ‘narrative’” tying Trump to Russia.

DURHAM SAYS ‘NO BASIS’ TO STRIKE ‘FACTUAL BACKGROUND’ FROM FILING, DENIES INTENT TO ‘POLITICIZE’ SUSSMANN CASE

Durham alleges Sussmann’s “billing records reflect” that he “repeatedly billed the Clinton campaign for his work” on the Alfa Bank allegations.

Sussmann’s legal team, in its motion to “strike” the allegations, said Durham had “done more than…



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