Sussmann’s cozy relationship with the FBI revealed by Jerry Dunleavy

https://www.washingtonexaminer.com/news/justice/sussmanns-cozy-relationship-with-the-fbi-revealed

Michael Sussmann’s cozy relationship with the FBI was revealed during his two-week trial and in a new letter by congressional Republicans, shedding new light on the Hillary Clinton campaign lawyer’s close ties to the bureau as he pushed since-debunked Trump-Russia claims.

Sussmann, a former Perkins Coie lawyer who represented the Democratic National Committee when it was hacked in 2016, was acquitted by a jury this week after being charged with lying to the FBI about whom he was representing when, in September 2016, he pushed false allegations of a secret back channel between the Trump Organization and Russia’s Alfa-Bank.

Reps. Jim Jordan and Matt Gaetz sent a letter to FBI Director Christopher Wray this week with details they had learned about the relationship between Perkins, Sussmann, and the bureau.

“We have learned that since March 2012, the FBI approved and facilitated a Secure Work Environment at Perkins Coie’s Washington, D.C., office, which continues to be operational. In a letter dated May 25, 2022, the law firm confirmed and acknowledged the arrangement,” Jordan and Gaetz told Wray.

“We have been informed that former Perkins Coie partner Michael Sussmann had access to this Secure Work Environment, and during the course of his recent trial, it was disclosed he had special badge access to FBI headquarters.”

Sussmann had worked at the Justice Department for more than a decade, including at the DOJ’s criminal division (where he specialized in computer crimes), and testimony from FBI General Counsel James Baker indicated that Sussmann had a badge that allowed him access to the FBI.

Sussmann said he resigned from Perkins last September after the indictment. Elias also left Perkins and created the Elias Law Group last year.

 

Jordan and Gaetz added: “This information raises serious questions about the FBI and Perkins Coie’s arrangement of a Secure Work Environment as well as the FBI’s close relationship with the firm’s former partners. We have learned that Sussmann had access to this Secure Work Environment until some point in 2021, with limited supervised access thereafter.”

“The FBI complies with the law and security policies and works with the Department of Justice to serve classified, Court-authorized legal process necessary to support national security investigations,” an FBI spokesperson told the Washington Examiner.

The FBI continued: “In certain instances, the FBI coordinates with non-government, third-party entities, such as law firms, that represent service providers which receive these classified Court orders. This includes providing access to private attorneys which represent the service providers in satisfaction of their legal rights. As part of this, the FBI ensures that any storage of classified orders meets stringent security protocols required for such documents.”

During both opening and closing arguments, Durham prosecutors argued that Sussmann had exploited his “privilege” as a respected national security lawyer, former DOJ veteran, and friend of Baker to push false allegations to the FBI to try to generate an “October surprise” to hurt Trump and help Clinton ahead of the election.

Prosecutors repeatedly pointed to a text message that Sussmann sent Baker the night before their meeting, in which they said he put the lie to the FBI down in writing. Baker said he did not find this text until this March — nearly six months after the Durham indictment.

“Jim — it’s Michael Sussmann. I have something time-sensitive (and sensitive) I need to discuss,” Sussmann texted Baker at 7:24 p.m. on Sept. 18, 2016. “Do you have availability for a short meeting tomorrow? I’m coming on my own — not on behalf of a client or company — want to help the Bureau. Thanks.”

Baker and Sussmann agreed on 2 p.m. the next day. The FBI lawyer asked, “Do you have a badge or do you need my help getting into the building?” Sussmann said, “I have a badge.” Baker met with him the next day and testified that Sussmann repeated the lie at the Sept. 19, 2016, meeting.

Baker testified at trial, “I was willing to meet with Michael alone because I had high confidence in him and trust. … I think I would have made a different assessment if he said he had been appearing on behalf of a client.”

Sussmann’s close relationship with the FBI was on display in 2016 emails released through the Durham trial. He also edited a proposed FBI statement that summer. The FBI circulated a draft within the bureau on July 29, 2016, which read in part: “The FBI is aware of the recent media reporting on a possible cyber intrusion involving the DCCC and is working to determine the nature and scope of the matter.”

Jim Trainor, the assistant director of the FBI cyber division, emailed the draft to Sussmann that day, saying: “Michael — our press office is once again getting a ton of calls on the DCCC matter. Provided below. Wanted to get your thoughts on this prior to sending out.”

Sussmann replied: “I have a comment/concern regarding the first sentence and have suggested a revised first sentence below. The draft you sent says only that the FBI is aware of media reports; it does not say that the FBI is aware of the intrusion that the DCCC reported. Indeed, it refers only to a ‘possible’ cyber intrusion and in that way undermines what the DCCC said in its statement (or at least calls into question what the DCCC said).”

He added, “With that in mind, please let me know if this suggested revision is acceptable.”

Sussmann’s proposed first line read: “The FBI is aware of the cyber intrusion involving the DCCC that has been reported in the media and the FBI has been working to determine the nature and scope of the matter.” The FBI official replied, “We try to really limit what we see and not acknowledging too much but the below edits are fine and we will send out.”

 

Wray was grilled at a Senate hearing last week about Sussmann’s relationship with the bureau, but he largely dodged giving specific answers, pointing to the trial.

Sen. John Kennedy (R-LA) repeatedly pressed the FBI director on Sussmann, and Wray repeatedly said the FBI was helping Durham’s investigation but that he couldn’t give specific answers.

“Senator, I’m mindful, as I think you’d expect me to be, that the case is currently in the middle of trial, and while we have agents, and I have assigned agents to work on the Durham team, I want to be really, really careful not getting into a discussion about a case that’s currently in front of a very independent and strong-willed federal judge and a jury right now,” Wray said.

When asked if Sussmann had a badge that allowed him into the FBI, Wray said, “I just don’t think I can really get into a discussion about these topics at the moment.” He also declined to discuss the FBI’s flawed Alfa-Bank launch documents.

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