Clinton Campaign Lawyer Files Motion to Dismiss Durham Prosecution

Former Secretary of State Hillary Clinton speaking with supporters at a town hall meeting at Hillside Middle School in Manchester, New Hampshire. Gage Skidmore Flickr.

On Thursday, attorneys for Clinton campaign lawyer Michael Sussmann filed a motion to dismiss the case against him in Special Counsel John Durham’s investigation.

Fox News reports:

“Defendant Michael A. Sussmann, by and through undersigned counsel and pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B), respectfully moves this Court to dismiss the Indictment because the single count therein “fail[s] to state an offense,’” the filing reads.

Sussmann has been charged as part of Durham’s investigation with making a false statement to a federal agent. Sussmann has pleaded not guilty.

Durham’s indictment against Sussmann, says he told then-FBI General Counsel James Baker in September 2016, less than two months before the 2016 presidential election, that he was not doing work “for any client” when he requested and held a meeting in which he presented “purported data and ‘white papers’ that allegedly demonstrated a covert communications channel” between the Trump Organization and Alfa Bank, which has ties to the Kremlin.

Sussmann’s legal team called the case one of “extraordinary prosecutorial overreach” in the motion to dismiss.

“It has long been a crime to make a false statement to the government. But the law criminalizes only false statements that are material—false statements that matter because they can actually affect a specific decision of the government,” the lawyers wrote, adding that, by contrast, false statements “about ancillary matters” are “immaterial and cannot give rise to criminal liability.”


  1. Nothing demonstrates the craven deceit of lawyers any better than this request of the court on behalf of Sussman. The high crimes of the Clinton Arkancide cabal are well known. The body count continues to climb. The Clinton campaign (ie, Hillary Clinton) has, with the able help of Socialist Barack Obama, subverted the highest levels of American institutions to deny the votes of half the nation, and to subvert — not in theory, but in fact — the presidency of Donald Trump. And in the face of all of that, Sussman’s lawyers simply ask the Court to throw out the indictment. Depending on how corrupt the judge is, it could well be done. Evil is, as evil does.

    1. I would be interested in knowing the particulars of how the votes of half the nation were denied. Specific examples? Methods used?

      1. I cannot believe he is asking this considering all the info that has come to light about problems at the polls/ballot boxes, among other items of interest. It has been proven and brought out very publicaly that there was much afoot at the ballot boxes, once people had completed voting. I will tell you truthfully that even if noting gets settled in this world regarding the election the last election, God will continue to have His Day in His Court, one way or another.

      2. Documented on video is 100% Proof that China and many other nations cyber hacked the Dominion Voter machines on 11/3/2020, flipping the votes from Trump to Biden. The news reported China has admitted to doing this in retaliation for Trump’s tariffs. The White Hats caught and filmed them in real time on 11/3/2020 doing the STEAL for BIDEN, so it’s irrefutable proof! Lindell Sues Dominion For $2B, Details Evidence Of 19 Cyber Attacks From China That Flipped 530k Votes In 5 Key Battleground States / CD Media, June 3, 2021. Forensic computer evidence is displayed towards the end of the video “Absolute Proof” of foreign footprints using false credentials and thousands of IP addresses sending data to change the ballot counts in the US.
        Servers from all over the world were utilized for this purpose; such as: China, Canada, Iran, Turkey, Singapore, Italy, Spain, Afghanistan, Ukraine, Iraq, Mexico, Venezuela, etc.  It’s a takeover of our country by globalists and communists both in the US and worldwide!  Irregardless of what party you voted for this should alarm you.  Also, the injection of the 2010 national census data into the 2020 election rolls facilitated a crime that some experts are calling the largest cyber-crime in world history!

      1. Philadelphia, election day. South Philadelphia, I think. Republican poll watchers refused entry to where the votes were being counted. Physically threatened. Pam Bondi gets FEDERAL JUDGE to write order allowing entry. Still refused, they defied a Federal Judge with no penalty, being told that judge meant to only allow center city entrance although specifically having the proper address. Republicans call the Philadelphia Sheriff’s Department, they are charged with protection of election law, to enforce the court order to be allowed in to observe. For some reason, after a good laugh I’m sure, they never showed up. Finally allowed to “observe” Thursday night, I believe around 11pm. 2 1/2 days of unsupervised “counting”. Chained fences and security kept the poll watchers approximately, as estimated by the poll watchers, 100 feet away with threats and intimidation coming from the security thugs the entire time. I’m sure everything was fine.

      1. requests for dismissal are SOP by any attorney worth his salt, dismissals due to the requests are actually RARE in criminal matters. There is nearly 100% conviction rates across the nation (however that number includes plea bargaining which needs to end entirely!!!).

    2. And Kamala Harris is usurping Office of VP and she is not eligible because she is not NBC, just like usurper Obama who to away with usurping POTUS for 8-yrs even though he was not NBC having been b born in Kenya and his parents were not US Citizens, just like Kamala Harris’ parents were not US Citizens. ARREST them both IMMEDIATELY!

      1. You state that Kamala Harris’ parents were not born in the United States. However if Kamala Harris was born in the United States then she is a United States citizen. What charge would you arrest Kamala Harris on?

    1. As Clarence Darrow, often misattributed to Mark Twain said, ““I have never killed any one, but I have read some obituary notices with great satisfaction.”

  2. Making a false statement to the government has been a long time practice. Just look at the lies about Trump and the lies Fauci has made. According to the demOrats lies ARE the truth and you must agree or be censored by the KGB’s of the media

    1. What lies about Trump? Every lie that Trump said has been documented to be lies! Many times he even contradicted his lies with other lies! A pathological liar has chutzpah to call someone else a liar! Trump is a perfect example of one who projects his guilt on others!

      1. Problem is your argument is crap because this is not about Trump or Trump lies this is about Sussmann and Sussmann lies made to the Government of the USA therefore your statements about Trump are irrelevant. Bottom line Hillary and her henchmen spied on the Trump campaign and then framed Trump with false charges of collusion that they themselves were responsible for. I hope Clinton and everybody involved with this whole affair rot in jail with no parole and in solitary confinement just like the people arrested for January 6.

      2. Truth is Biden and this admin have lied so much that no one who follows him knows what truth is. No matter how many times their lies against Trump were proven to be lies, they still think Trump’s the liar – not Biden. What a laugh! Even God – who is “Truth” – has called Biden a “villain” and the mainstream media “the devil’s mouthpiece.” God said we should just turn them off and not listen to them. Their father is Lucifer, the “father of lies” and the truth is not in him. God said He put Trump in the White House because America needs a businessman. God said He wants to prosper us but allowed Biden in to bring to our attention the corruption in Washington, DC. He will put Trump back in for a second term soon.

  3. I remember when a judge tried to get off the hook when he was funneling kids into a reform school and getting a kick back claiming he did it while working for the government and could not be charged!

  4. The biden’s pot of gold from China, what did it cost America?Inside traders must go, they are not honest,has China installed a puppet government with the Biden’s? Another staged setting for the fake biden, National Security risk? yes, the bidens are, compromised yes, they are, right down to the last 30 millions they received from red China Communist,sold us down the river to China and Russia, Wake up America there is a traitor in the White House Biden and his band of misfits are not faithful to their oath of office, ‘Stupid fxxxing laws, Stupid fxxxing reporters”, DEMOCRATS KEEP BREAKING THE USA LAWS AND JUST DON’T CARE, TIME TO VOTE THEM OUT, PELOSI CHEATS, WHERE ARE THE INSIDE TRADER INVESTIGATIONS, CONFLICTS OF INTEREST, DEMOCRATS SAY FXXX YOU AMERICA. ( Patriotic post .com} Former White House doctor Ronny Jackson has called for President Joe Biden to undergo a cognitive test, citing his shocking performances with the press. Everybody is stupid except joe biden, and of course the smartest man he ever met, was hunter biden, the corrupt fantasies of joe biden’s world of criminally insane BS. The biden crime family should be forced to return all the money they have accepted from Russia and China. Pay to play is a crime against the United States when they broke theiroath trust when sworn into office.W hy keep
    them in power?Look what they still have accomplished for China Russia and nothing for the United States or America.

    1. Every single politician needs investigated. All money and assets of corrupt politicians needs seized. Go to jail. Set example tgis no longer be tolerated. The four senators who didn’t sign letter for Garland to not interfere with Durhams investigation need recalled. Time to fix this. Pathetic. Thanks for your comment.

  5. Seems it’s okay for the evil Democrats to file suit. Not okay for Republicans. Dem’s want to dismiss. Republicans are not allowed to dismiss. If they do dismiss, they will find themselves overrun with mail, emails, patriots hounding them. They will get what they dish out!

  6. “A lie doesn’t become truth, wrong doesn’t become right, and evil doesn’t become good, just because it’s accepted by a majority.”
    ― Booker T. Washington

  7. If the argument that Sussman et al puts forth were valid, then Martha Stewart was wrongly convicted. She didn’t lie about a material fact -ie, she lied about non-criminal conduct (being under the false impression that her conduct MAY have been illegal). So if we proceed thusly, it is a given that since the govt surely knew her conduct was not unlawful, that whether the response they received from her was true or false is immaterial as there was no offense in the conduct.

    And yet – it is a matter of record that Martha Stewart was vigorously prosecuted for lying about a non-material fact.

    So if the court has any sense at all it will deny this motion and sanction the attorney who brought it as a bold attempt to propagate a fraud (a false claim about what is and what is not a legal principle) upon the court.

  8. I believe that Sussman’s statement was in fact material and in fact was made to government agents to misdirect government resources away from his client. Any rational citizen would know that this is and was a criminal act designed to misdirect government agents in there duties.


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