Sussmann billed Clinton camp on the day he talked Trump-Russia ties with FBI
WASHINGTON — The attorney who sparked an FBI investigation into since-debunked claims of a secret back channel between Donald Trump and a Russian bank billed Hillary Clinton’s campaign on the day he met with an FBI official.
Attorney Michael Sussman’s expense reports were admitted into evidence in court Tuesday before the prosecution rested its case against the lawyer, who’s on trial for lying to the FBI during the meeting.
Sussman had turned over “white papers” and other data on rumors of the since debunked tie between the Trump Organization and Alfa Bank in 2016 while not revealing he was working on behalf of a client.
The new evidence shows he was on the clock for Clinton that day — though the defense countered that the embattled attorney expensed taxis to and from the meeting to the law firm and not to Clinton or any other client.
It’s unclear from the records if the hours charged to the Clinton campaign were charged for the meeting.
The new exhibits show Sussmann charged the Clinton camp 3.3 hours “for work and communications regarding confidential project” on Sept. 19, 2016, the day he met with FBI counsel James Baker. Sussmann originally submitted a report for 4.5 hours, but later said he spent only 3.3 hours on the project in an email on Nov. 6, two days before the presidential election between Trump and Clinton.
Sussmann also expensed to the campaign “single use flash drives” that he bought at a Staples near the DC law offices of Perkins Coie, where Sussmann was a partner.
The records were part of a cache of records that came to light during testimony of Kori Arsenault, a paralegal in the office of Department of Justice special counsel John Durham, who brought the charge against Sussmann.
Cellphone records admitted into evidence showed Sussmann having phone calls on Sept. 21, 2016, with client and tech executive Rodney Joffe as well as reporters with the New York Times and Washington Post who were working on stories about the alleged Alfa-Bank connection.
The defense has aimed to make a distinction between the work Sussmann did for the clients and the FBI meeting, while also showing FBI officials knew about his ties to Democrats.
Michael Keilty, an attorney for the prosecution, asked Arsenault about the points the defense raised about Sussmann’s taxi rides.
Who’s who in the case
- Michael Sussmann: Cybersecurity lawyer who worked for Hillary Clinton’s 2016 campaign; charged with lying to the FBI
- Rodney Joffee: Former tech executive and Sussmann client who told him about a purported cyber back channel between the Trump Organization and Russia’s Alfa-Bank
- Christopher Steele: British ex-spy hired by Fusion GPS; compiled the infamous “Steele dossier” of reports on Trump and Russia
- John Durham: Special counsel investigating potential criminality in the government investigations of former President Donald Trump’s purported ties to Russia
- James A. Baker: Former FBI general counsel; received Alfa-Bank information from Sussmann
- Marc Elias: Clinton campaign general counsel, former partner of Sussmann’s at Perkins Coie law firm
- Judge Christopher Cooper: Presiding over Sussman’s trial in Washington, DC, federal court
- Peter Fritsch and Glenn Simpson: Former Wall Street Journal reporters who co-founded the Fusion GPS research company; worked for Clinton’s campaign
- Andrew McCabe: Former FBI deputy director; allegedly contradicted the basis for the charge against Sussmann during a 2017 briefing
“There was no billing entry for a meeting with the FBI?”
Arsenault responded, “No, it was exclusively for the taxis.”
The defense began presenting its case Wednesday, but Sussmann hasn’t decided if he’ll take the stand. The attorney may still testify in his own defense on Thursday.
A project assistant at the firm representing Sussman was called to testify as a defense witness. Attorney Natalie Rao asked the assistant about a chart he developed that showed a number of internal FBI communications in 2016 in which Sussman was described as a lawyer working for Clinton, the Democratic National Committee or the Democratic Congressional Campaign Committee.
The communications included an Aug. 3 email that showed FBI officials referred to him as a “DNC attorney.”
After Sussmann’s meeting, the FBI launched a probe, with an electronic communication on Sept. 23, 2016, showing that investigators believed the allegations originated within the Department of Justice, without mentioning Sussmann.
FBI Agent Curtis Heide testified Tuesday that falsehood was a “mistake” in FBI paperwork.