https://spectator.org/john-durhams-salad-shooter/
This is the sixth in a series of articles analyzing the federal grand jury indictment charging lawyer Michael Sussmann with making a materially false statement to the FBI’s General Counsel. The indictment spelled out Sussmann’s involvement in a thus-far uncharged conspiracy to create a false narrative that was calculated to demonstrate a secret channel of internet communications between the Trump Organization and the Russian Alfa-Bank.
Recently Sussmann’s lawyers moved for a bill of particulars alleging that the indictment lacks sufficient detail and clarity for their client to prepare his defense.
Special Counsel John Durham’s brief in opposition pointed out that the 27-page indictment amply satisfies the legal requirement that it need only include a plain, concise, and definitive written statement of the essential facts constituting the offense charged. Moreover, Durham’s opposing brief also points out that the prosecution has already provided the defense with ample clarification by way of expansive and massive discovery.
According to Durham, on October 7, the government “made its first production of discovery to the defense” which “included more than 6,000 documents, comprising approximately 81,000 pages.” The documents were “received in response to grand jury subpoenas issued to fifteen separate individuals, entities, and organizations — including among others, political organizations, a university, university researchers, an investigative firm, and numerous companies.”
The prosecution is also “working expeditiously to declassify large volumes of materials” which it expects to provide to the defense “[w]ithin approximately two weeks” which will include, “among other things,” the following:
More than 30 declassified reports of interviews conducted in the course of Durham’s investigation;
Emails and other documents shown to witnesses during the interviews;
Investigators’ notes taken during the interviews;
Transcripts of grand jury testimony for multiple witnesses;
The majority of the FBI’s electronic “case file” pertaining to its investigation of the now discredited Trump-Alfa Bank allegations which Sussmann is accused of presenting to the FBI’s General Counsel;
Emails, memoranda, reports, and other records obtained from “Agency-2” (identified elsewhere as the CIA), including “write-ups” of Sussmann’s meetings with CIA personnel in which Sussmann is accused of providing the false Trump-Alfa Bank allegations.
