Marc Elias threw special counsel John Durham's trial against Democratic cybersecurity lawyer Michael Sussmann into disarray over comments seemingly hinting at the accused's possible decision not to testify.
During his time on the stand Wednesday, Elias, the top lawyer for Hillary Clinton's 2016 presidential campaign, said that"you'd have to ask Mr. Sussmann" about whether the defendant had gone to the FBI with Alfa-Bank claims on behalf of the Clinton campaign.
Sussmann has been charged with concealing his clients, Clinton's 2016 presidential campaign and"Tech Executive-1," known to be former Neustar executive Rodney Joffe, from FBI general counsel James Baker when he presented debunked allegations suggesting a secret back channel between the Trump Organization and Russia's Alfa-Bank in 2016.
Elias replied:"I think you'd have to ask Mr. Sussmann. I mean, as far as I — I mean, I don't know. From my standpoint, I would say no. But like — 'on behalf of' [is] kind of a subjective intent thing." The Durham prosecutor then asked,"What is the best way to determine what — on whose behalf an attorney is spending his time other than by asking them?"The former Clinton lawyer then chuckled and soon said billing records were probably the best other way to determine whom an attorney was working for. Sussmann's team was not pleased with the line of questioning.
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