John Durham's oft-maligned investigation into the investigation is completely falling apart.
The materiality element was also fatally flawed. Materiality means that the statement mattered, that it was capable of influencing the topic under consideration. That is, not all false statements are crimes, only those that matter. For example, if Sussmann had also told Baker that his favorite color was red when, in fact, his favorite color is blue, that statement might be false, but it would not be material to the matter at issue.
In this case, the government alleged that Sussmann’s statement was material because if FBI personnel had known that Sussmann was providing the information on behalf of the Clinton campaign, they would have proceeded differently. This argument likely failed for two reasons.
, notes written by one of Baker’s colleagues shortly after the meeting with Sussmann said, “Represents DNC, Clinton Foundation, etc.”with congressional investigators, Baker had testified that the FBI investigates leads regardless of who provides them. In other words, it did not matter whether Sussmann was coming “on his own” or on “behalf” of any client.
The Sussmann indictment also provided a convenient counternarrative to the facts laid out in special counsel Robert Mueller’s report. The indictment also provided a convenient counternarrative to the facts laid out in special counsel Robert Mueller’s report. False statement indictments generally run a few pages. This one was 27 pages, filled with details about efforts by the Clinton campaign to conduct opposition research on Trump. The indictment provided a vehicle for commentators to turn the tables on Clinton and create the impression that the Russia investigation was all a fabrication of the Clinton campaign.
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