Author Topic: Judge Denies Former Clinton Lawyer’s Request for Mistrial  (Read 237 times)

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Offline Eupher

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Heh.

Sussmann is in deep shit, but there is no doubt that the legion of his attorneys - bolstered by none other than Merrick Garland's DOJ - are running out of options.

Jail time, Mike. It's OK - you deserve it.

Next stop - Hillary?

Quote
WASHINGTON—A federal judge on May 19 denied a request for a mistrial from the former Hillary Clinton campaign lawyer who is on trial for allegedly lying to the FBI.

U.S. District Judge Christopher Cooper, the Obama appointee overseeing the case, agreed to strike certain portions of testimony delivered Wednesday by Marc Elias but rejected the request for a mistrial.

Attorneys for Michael Sussmann, the lawyer who allegedly lied to the FBI, said Elias—another former Clinton campaign lawyer—strayed into improper areas, prejudicing the defendant.

When Elias was asked by the defense whether Sussmann took information on Clinton rival Donald Trump to the FBI on Sept. 19, 2016, on behalf of Clinton’s campaign, Elias said “from my standpoint, I would say no,” but also told the defense to ask Sussmann.

“Portions of Mr. Elias’s answer—namely that ‘you’d have to ask Mr. Sussmann’ and ‘on behalf of’ is kind of like a subjective intent thing’—were nonresponsive and prejudicial. Although Mr. Sussmann was prejudiced even then, the defense declined to draw attention to the comment in the presence of the jury,” defense lawyers wrote in a motion filed later Wednesday.

Under cross-examination by prosecutors with Special Counsel John Durham’s team, Elias was asked about the topic three times. Two defense objections were sustained and after the third time, Cooper directed prosecutors to move on to other questions.

But the damage was already done, according to the defense.

“Mr. Elias’s nonresponsive testimony on cross examination, as well as the repeated, improper questioning by the special counsel, directly suggested to the jury that in order to answer a key question in this case—whether Mr. Sussmann went to the FBI on September 19, 2016, on behalf of a client—Mr. Sussmann would need to testify,” defense lawyers said. “But as the special counsel and Mr. Elias are well aware, a defendant in a criminal trial has a constitutional right not to testify. And commenting, either directly or indirectly, on a defendant’s decision to testify or not testify is entirely improper.”

Lawyers for Sussmann are asking for the court to strike the portions of Elias’s testimony dealing with the matter as well as the three questions prosecutors asked. They also want permission to give a transcript to the jury during closing arguments that shows the testimony “without the improper questions and answers.”

Andrew DeFilippis, part of Durham’s team, had said that the government “was very careful” to avoid questions that would elicit an improper response, adding, “It wasn’t the government that prompted that response.”

After Cooper agreed to strike portions of the testimony, Sean Berkowitz, one of Sussmann’s lawyers, said Sussmann has not yet decided whether he will testify during the trial.

Sussmann is accused of lying when he told James Baker, who in 2016 was the FBI’s general counsel, that he was not bringing derogatory information about Trump to the bureau on behalf of any clients. Prosecutors say Sussmann brought the allegations on behalf of Rodney Joffe, a technology executive who hoped to score a position in a Clinton administration, and the Clinton campaign.


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Online DefiantSix

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #1 on: May 19, 2022, 09:36:11 AM »
Heh.

Sussmann is in deep shit, but there is no doubt that the legion of his attorneys - bolstered by none other than Merrick Garland's DOJ - are running out of options.

Jail time, Mike. It's OK - you deserve it.

Next stop - Hillary?

If the next stop truly is Komrade Kankles, Sussmann may never make it to prison, electing instead to get moved to Epstein's old holding cell.

 :popcorn:
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Offline ADsOutburst

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #2 on: May 19, 2022, 09:43:11 AM »
I'm not optimistic they'll get anyone beyond Sussman.

Online SVPete

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #3 on: May 19, 2022, 09:44:59 AM »
1.

Quote
When Elias was asked by the defense whether Sussmann took information on Clinton rival Donald Trump to the FBI on Sept. 19, 2016, on behalf of Clinton’s campaign, Elias said “from my standpoint, I would say no,” but also told the defense to ask Sussmann.

“Portions of Mr. Elias’s answer—namely that ‘you’d have to ask Mr. Sussmann’ and ‘on behalf of’ is kind of like a subjective intent thing’—were nonresponsive and prejudicial. Although Mr. Sussmann was prejudiced even then, the defense declined to draw attention to the comment in the presence of the jury,” defense lawyers wrote in a motion filed later Wednesday.

Oopsie! :rotf:

2. The flimsiness and petulance of Sussmann's legal team's "reasoning" may soon collide with the judge's patience. :rotf:

3. From Progs' political POV, it would be expedient for Progs if Sussmann took a dive and kept what Durham has from being entered as evidence. Sussmann doesn't seem inclined to take that dive. :tongue:
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Offline Ralph Wiggum

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #4 on: May 19, 2022, 09:54:27 AM »
Have a feeling that Sussman may end up in a shallow grave in Fort Marcy park in the near future. Ya' know, "Clinton-cide".
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Offline Eupher

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #5 on: May 19, 2022, 10:01:00 AM »
Have a feeling that Sussman may end up in a shallow grave in Fort Marcy park in the near future. Ya' know, "Clinton-cide".

The only question might be - did he off himself with two shots to the back of the head, or three?

I'm quite sure the Kapitol Kops would conclude self-induced lead injections....
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Offline ADsOutburst

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #6 on: May 19, 2022, 10:48:41 AM »
The only question might be - did he off himself with two shots to the back of the head, or three?

I'm quite sure the Kapitol Kops would conclude self-induced lead injections....

He wouldn’t off himself before making sure the cameras were off first.

Offline Eupher

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #7 on: May 19, 2022, 01:04:13 PM »
He wouldn’t off himself before making sure the cameras were off first.

True dat. Just like Jeffie.  :whistling:
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Offline Drafe Hoblin

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #8 on: May 19, 2022, 09:54:01 PM »
I'm not optimistic they'll get anyone beyond Sussman.

That will be defined as Durham's genius in opening-up a 'small chestnut'... but inside is a steel-trap (no pun intended) leading-to a gloomy stairway, leading-to a steel-trap and another gloomy stairway.

The questions are designed to trigger the Judge into allowing-in more evidence.  The FBI and the CLINTONS aren't sure who to prepare for. 
Too deplorable to fail.

Offline freedumb2003b

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #9 on: May 19, 2022, 10:13:36 PM »
He wouldn’t off himself before making sure the cameras were off first.
10 .45 rounds 8 in the back. Worst case of suicide the prosecutor will have ever seen.
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Online DefiantSix

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #10 on: May 20, 2022, 10:07:49 AM »
10 .45 rounds 8 in the back. Worst case of suicide the prosecutor will have ever seen.

I thought standard FBI secret police caliber was 10mm or .40 S&W these days? Purely coincidentally, of course. There's no reason to believe the US Stasi would have anything at all to do with something so minor as a prisoner committing suicide. In a cell under 24-hour video surveillance.
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Offline Eupher

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Re: Judge Denies Former Clinton Lawyer’s Request for Mistrial
« Reply #11 on: May 20, 2022, 01:53:22 PM »
I thought standard FBI secret police caliber was 10mm or .40 S&W these days? Purely coincidentally, of course. There's no reason to believe the US Stasi would have anything at all to do with something so minor as a prisoner committing suicide. In a cell under 24-hour video surveillance.

In the aftermath of the Miami shootout in 1986 where two Feebs were killed and another five wounded (largely because they were outgunned by the two cretins they tried to arrest), the Feebs decided they needed a stronger cartridge and went with the 10mm.

Field tests proved they couldn't handle the recoil.  :whatever:  So they necked the 10mm cartridge down a little and the .40 S&W was born.
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