A much-touted prosecution among conservatives — one that supposedly provided confirmation that Donald Trump was the victim of a “witch hunt” — got considerably stranger this week. Ankush Khardori reports on John Durham's case against Michael Sussmann
Photo-Illustration: Intelligencer. Photo: United States Attorney’s Office, District of Connecticut A much-touted prosecution among conservatives — one that supposedly provided confirmation that Donald Trump was the victim of the “witch hunt” that was the Trump-Russia investigation — got considerably stranger this week, following a series of revelations in court filings that go to the heart of the case.
The case against Sussmann, one of three people Durham has prosecuted, was curious to many observers from the start because of how unusual it was from a prosecutorial and evidentiary perspective. Baker was only one witness, but he took no notes, and he gave testimony to Congress that suggested he did not remember what Sussmann had told him about whom Sussmann was representing at the meeting.
The following day, Durham’s team responded by saying this was true but that Baker later accurately recalled what had happened by relying on notes that other officials had written. The team wrote that Baker had made those statements “before he had the opportunity to refresh his recollection” with notes that have been provided to the defense and that he had “affirmed and then re-affirmed his now-clear recollection of the defendant’s false statement” in three later interviews.
You could reconcile some of the versions of Baker’s account that were at issue this week: The July 2019 transcript, for instance, is consistent with Sussmann telling Baker he got the information from some clients but that he was providing it to the FBI “as a good citizen,” as the indictment alleges. And, of course, we do not know what is in the other accounts that Baker has given to the government. Perhaps it is all exceedingly credible when you hear it from Baker himself.
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