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The evidence against Sussmann is overwhelming. But the jury gave a not guilty verdict!
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Durham Investigation

The evidence against Sussmann is overwhelming. But the jury gave a not guilty verdict!

Greg Rubini
May 30
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The evidence against Sussmann is overwhelming. But the jury gave a not guilty verdict!
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Update of May 31st:
In spite of the overwhelming evidence provided by the Durham Team that Michael Sussmann is guilty of lying to the FBI, the jury gave a “not guilty” verdict!
This is unbelievable.
This is infuriating.
This means we have no Rule of Law in this country.

How could this happen?
How is it possible that the jury found Michael Sussmann not guilty?

We know that the jury is biased. It is a jury in Washington DC, aka “The Swamp”.
Some of the jurors are donors of Hillary Clinton, some are donors of the Democrat Party.
Let’s take a look at the results of the 2020 Elections in Washington DC:

These numbers speak for themselves:
In Washington DC, 92% voted for Joe Biden,
5% voted for Trump.
In 2016, 90% voted for Hillary Clinton, 4% voted for Trump.
You cannot have a fair and impartial jury in Washington DC.

Note #1: we had addressed the issue of the biased jury in the original version of this article, at the bottom, and the issue of the biased judge as well.

Note #2: given the scandalous ‘not guilty’ verdict, I had to change the title of this article.


Original version of the article, of May 30:

In the previous article on the Sussmann trial we have examined the testimony of James Baker, who was the General Counsel of the FBI in 2016.
On September 18, 2016, at 7:24 pm, James Baker received a text message from Michael Sussmann. The text message said:

"Jim, it's Michael Sussmann. I have something time-sensitive (and sensitive) I need to discuss. 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."

James Baker agreed to meet Sussmann the following day, September 19.
From the testimony:

James Baker: Michael (Sussmann) started to explain why he was there. He said that he was not appearing before me on behalf of any particular client, and that he had some information that was of concern relating to an apparent surreptitious communications channel between something called Alfa-Bank, which he described as being connected to the Kremlin in Russia, and some part of the Trump organization in the United States.

and:

Andrew DeFilippis (Durham Team): Mr. Baker, you will recall that this is the message Mr. Sussmann sent you the night before. Is it your testimony that he repeated that statement in the meeting with you?

James Baker: In essence. I believe in the meeting Mr. Sussmann said "I'm not here on behalf of any particular client."

Andrew DeFilippis: and how confident, Mr. Baker, are you that he said that, repeated that, in the meeting?

James Baker: I'm 100 percent confident that he said that in the meeting.

In the meeting of September 19, 2016, Sussmann gave to James Baker a “white paper”, outlining the alleged “secret communication channel between Trump and Russia” and two thumb drives, also referred to as 'flash drives', which contained the DNS data.


Kori Arsenault is a paralegal who works with the Durham Team since August 2019. In the trial Ms. Arsenault was interviewed by Michael Keilty of the Durham Team.
Let's read an excerpt from her testimony:

Michael Keilty (Durham Team): Ms. Arsenault, what are your duties and responsibilities with the Durham Special Counsel?

Kori Arsenault: I organize records that we obtain from different agencies, from different producing parties, into databases. I organize witness preparation folders for the attorneys when they're getting ready to interview people.

Michael Keilty (Durham Team): in your work with the Special Counsel, are you aware of whether the government has issued subpoenas in this matter?

Kori Arsenault: they have.

Michael Keilty (Durham Team): And were those grand jury subpoenas?

Kori Arsenault: Grand jury subpoenas and trial subpoenas.

Michael Keilty: and are you familiar with some of the entities that the government has subpoenaed in this matter?

Kori Arsenault: Yes.

Michael Keilty: and what are some of those entities?

Kori Arsenault: Perkins Coie, Fusion GPS, AT&T, Verizon, FBI, among others.

Michael Keilty (Durham Team): Ms. Arsenault, in your role as a paralegal, have you been asked to collect and organize these subpoena returns?

Kori Arsenault: Yes.

Michael Keilty (Durham Team): and generally, what type of documents are contained in the subpoena returns received by the Special Counsel?

Kori Arsenault: They're mostly emails, but there's also billing records, phone records, calendar entries, things of that nature.

Let’s stop right here, and let’s consider this point. Thanks to the subpoena power, the Durham Team has thousands of documents, emails, phone records, calendar entries, billing records from Perkins Coie, Fusion GPS, the FBI.
A Treasure Trove of evidence.
From what I know, the Durham Team has 2.5 million pages of documents. Maybe even more.

Let’s go back to the testimony of Ms. Arsenault:

Michael Keilty (Durham Team): Ms. Arsenault, I've handed you a set of documents consisting of exhibits currently in evidence, and they have been marked as Government Exhibits 550 through 563.
Also contained in that set of voluminous documents are exhibits that have been marked for identification as Government Exhibit 553.2, 553.9, 553.10, 553.11, 553.12, 553.16, 553.17, 553.18, 553.22, 553.24, 553.27, and finally 553.30.

Kori Arsenault: Yes.

Michael Keilty: Ms. Arsenault, what are those documents in front of you?

Kori Arsenault: These are billing records obtained from Perkins Coie.

Michael Keilty (Durham Team): Ms. Arsenault, how many documents are there in front of you approximately?

Kori Arsenault: Approximately 20, consisting of hundreds of pages.

Michael Keilty (Durham Team): So, Ms. Arsenault, I just want to look at a couple of entries on your summary chart.
Is there a billing entry for July 31st of 2016?

Kori Arsenault: Yes.

Michael Keilty (Durham Team): And, Ms. Arsenault, can you walk the jury through from left to right what's contained in that row?

Kori Arsenault: The billing entry for July 31, 2016, can be found at Government Exhibit 553.2.
It is billed to the client Hillary For America under the matter General Political Advice.
The billing entry is by time keeper M. Sussmann.
The hours are 0.40.
And the description is "Communications with M. Elias regarding server issue."

Michael Keilty (Durham Team): Ms. Arsenault, is there an additional billing entry for the date of September 6, 2016?

Kori Arsenault: There is.

Michael Keilty (Durham Team): And, Ms. Arsenault, can you walk the jury through this row?

Kori Arsenault: The billing entry for September 6, 2016 can be found at Government Exhibit 553.16.
It is billed to the client Hillary For America under matter General Political Advice.
The time keeper listed is M. Sussmann.
The hours billed are 4.40.
And the description for the billing entry is "Meeting with consultant, M. Elias; revisions to white paper; meeting with expert; meeting with expert and reporter; follow-up meeting with reporter; and conversations with M. Elias."

Note: the “white paper” is the white paper regarding the Alfa Bank matter that Michael Sussmann gave to James Baker 13 days later, on September 19, 2016.
”Hillary For America” is the legal name of the Hillary Clinton campaign.
M. Elias is Marc Elias, who was the General Counsel of the Hillary Clinton campaign, and a lawyer at the Perkins Coie law firm, a colleague of Michael Sussmann.

The testimony of Kori Arsenault continues:

Michael Keilty (Durham Team): Ms. Arsenault, is there a billing entry for September 14, 2016, in your chart?

Kori Arsenault: There is.

Michael Keilty (Durham Team): and, Ms. Arsenault, can you walk the jury through this row.

Kori Arsenault: The billing entry for September 14, 2016, can be found at Government Exhibit 553.22.
It is billed to the client Hillary For America under the matter General Political Advice.
The time keeper listed is M. Sussmann for 6.60 hours.
And the description is "Multiple meetings regarding confidential project; draft white paper; further meetings and telephone conferences; and meetings with M. Elias."

“Confidential project” refers to the Alfa Bank matter.
The “white paper” is the white paper regarding the Alfa Bank matter. All billed to the Hillary Clinton campaign.

Now let's recall that the meeting of Michael Sussmann with the General Counsel of the FBI, James Baker, took place on September 19, 2016. Sussmann told James Baker: "I'm not here on behalf of any particular client".

Back to the testimony of Ms. Arsenault:

Michael Keilty (Durham Team): Ms. Arsenault, is there a billing entry for September 19, 2016?

Kori Arsenault: Yes.

Michael Keilty (Durham Team): Could you walk the jury through this final row.

Kori Arsenault: The billing entry for September 19, 2016, can be found at Government Exhibit 553.24.
It is billed to the client Hillary For America under General Political Advice.
The time keeper listed is M. Sussmann for 3.30 hours.
And the description is "Work and communications regarding confidential project."

Bingo!
Michael Sussmann told James Baker that he was not there on behalf of any particular client, and at the same time he billed the work on the white paper, and even the meeting with Baker of September 19 to the Hillary Clinton campaign.
Michael Sussmann lied to the FBI.
He lied to the General Counsel of the FBI.
Michael Sussmann is screwed.


“Greg Rubini Investigations” is a reader-supported publication.
Only paid subscriptions make the existence of this publication possible.


And we have another gem from the trial.
Allison Sands was the FBI Special Agent in charge of the investigation regarding the Alfa Bank matter. She worked at the FBI Chicago field office.
Ms. Sands, together with other FBI agents and computer experts examined the “white paper” and the data of the two thumb drives that Sussmann had given to James Baker. She found that the whole Alfa Bank thing was a pile of garbage, that the alleged “secret communication channel between Trump and Russia” did not exist.

Brittain Shaw (Durham Team): What was the conclusion from your investigation about this secret server?

FBI Agent Allison Sands: That there was no evidence that this covert communication channel existed.

In the trial FBI Special Agent Allison Sands was interviewed by Brittain Shaw, of the Durham Team.

Brittain Shaw (Durham Team): You mentioned some thumb drives earlier in your testimony. Did you ever come to possess those thumb drives?

FBI Agent Allison Sands: Yes.

Brittain Shaw (Durham Team): And about when was that?

FBI Agent Allison Sands: We initially received them very early in the investigation, late September / early October 2016.

Brittain Shaw (Durham Team): Do you recall how many thumb drives there were?

FBI Agent Allison Sands: Yes, there was two.

Brittain Shaw (Durham Team): Do you recall if they had any particular colors?

FBI Agent Allison Sands: One was blue and one was red.

At this point Brittain Shaw shows an image to Allison Sands:

Brittain Shaw (Durham Team): What are these, Ms. Sands?

FBI Agent Allison Sands: These are the thumb drives I was referring to.

Brittain Shaw (Durham Team): And do you see a blue and a red one?

FBI Agent Allison Sands: One blue, one red, with the markings that we had listed on the evidence log.

Brittain Shaw (Durham Team): Okay. And can you read the markings on the thumb drive?

FBI Agent Allison Sands: Sure. It's PNY 16 GigaByte.

Two thumb drives, one blue, one red, with the markings PNY 16 GigaByte.


Now let's go back to the testimony of Ms. Kori Arsenault.

Michael Keilty (Durham Team): can we please take a look at Government Exhibit 380. Ms. Arsenault, what is this document?

Kori Arsenault: This is an expense report we received from Perkins Coie.

Michael Keilty (Durham Team): and can you walk the jury through the information in this document.

Kori Arsenault: Sure. In the top left corner, the report name is "Purchase of flash drives" on September 13, 2016. The expense owner is Michael Sussmann.
The submission date is September 22, 2016.
If you go all the way down to the allocation summary, the allocations charged is 116514.0001, confidential, for $58.56.

Michael Keilty (Durham Team): Ms. Arsenault, in your review of records, have you seen that number under the allocations charged, the 116514.0001 number before?

Kori Arsenault: I have.

Michael Keilty (Durham Team): Is that related to a certain client?

Kori Arsenault: Yes.

Michael Keilty (Durham Team): What client is that?

Kori Arsenault: It's Hillary For America.

Michael Keilty (Durham Team): Okay. And could you go down to the next document, please, in the same exhibit. Ms. Arsenault, what is this particular document?

Kori Arsenault: This is the receipt for the expenses reflected in the previous two pages of the expense report.

Michael Keilty (Durham Team): and was this receipt contained in the records the government obtained from Perkins Coie?

Kori Arsenault: it was.

Michael Keilty (Durham Team): and if you go about halfway down the receipt. Ms. Arsenault, where is this receipt from?

Kori Arsenault: Staples.

Michael Keilty (Durham Team): and what does the blown-out part say?

Kori Arsenault: "PNY 2 pack 16GB", as in GigaByte.
And then there's a UPC code. The cost was $12.99.


PNY 2 pack 16GB.
That was one of those “Perry Mason moments”

Michael Sussmann told James Baker he was not coming on behalf of any client.
Yet, he billed the work on the Alfa Bank “white paper”, and even the meeting with Baker to the Hillary Clinton campaign.
On top of that, he billed to the Hillary Clinton campaign the two thumb drives, for $58.56.

Sussmann billed to the Hillary Clinton campaign the two thumb drives for $58.56, while he paid $12.99 for them.
Can a human being be more petty?

Let’s recall that Mr. Sussmann fee is $835 per hour.
He probably makes $2 million per year.


Michael Sussmann is screwed, the evidence and the testimony presented by the Durham Team in the trial is overwhelming.
Now the question is: will Sussmann be convicted for lying to the FBI?

If there is the Rule of Law in this country, he must be convicted.
However, the trial is in Washington DC, and the jury is biased.
These were the results of the 2020 Elections in Washington DC:

No comment needed.

On top of that, three of the jurors donated either to the Hillary Clinton campaign, or to the Democratic Party. So, if Sussmann will be convicted or not, is anybody’s guess.

What has to be remarked, however, is that the Durham Team has done an excellent job in the investigation, in introducing the evidence in the trial, in interviewing the witnesses. There are further considerations to be made about the Sussmann trial. These considerations will be for another article.

The judge of the trial, Christopher Cooper, is an Obama appointee, and he already has shown his bias in the trial. Mr. Cooper was a volunteer for the Obama presidential campaign in 2008, and was a member of the Obama transition team.
Besides, the wife of the judge Christopher Cooper is a lawyer, her name is Amy Jeffress. It turns out that Amy Jeffress represents Lisa Page. And we all know who is Lisa Page, don’t we?

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Angela
May 30Liked by Greg Rubini

Loved how you broke it down. That was quite a mark up fee for the thumb drives. Sussman is a worm who works for a snake and both will try to wiggle and squirm out of any convictions. Thank you Greg. Excellent article.

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1 reply by Greg Rubini
Bellatrix
May 31Liked by Greg Rubini

Excellent article! Been sharing on Twitter. I quoted you about the thumb drive to pique interest. Such a telling little detail, really shows their unsavory character. I hope Alison Sands is careful sounds like she is honest?? I bet Raymond Burr is turning over in his grave over this!! Great work Greg!

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