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.”