Thread by @AGoudsward

Michael Sussmann trial resumes this morning with more testimony from ex-FBI top lawyer James Baker. First though the defense is objecting to part of Marc Elias' testimony yesterday where he said "you'd have to ask Mr. Sussmann" if FBI meeting was on behalf of Clinton camp

Filing here: storage.courtlistener.com/recap/gov.usco…

Judge Cooper, as expected, is not going to grant a mistrial based on Elias testimony, but will strike portions of transcript where he gave non-responsive answers to questions.

Baker now back on the stand. Says he agreed to met with Sussmann the day after he reached out because "it seemed urgent and important"

Key moment as Baker testifies that he's "100% confident" that Sussmann told him in Sept. 2016 meeting he wasn't there on behalf of any client.

"Michael's a friend of mine and a colleague. I believed and trusted that the statement was truthful," Baker testifies.

Baker said Sussmann told him major news outlets had info about Alfa Bank allegations. Baker said he was under impression that Sussmann hadn't given info to press. Sussmann had been communicating with reporters during this time.

Baker testifies that knowing allegations were about to be reported in press added "urgency" to situation because if there was secret communications channel, it would likely disappear if press reported it.

Baker said he "vouched" for Sussmann in meeting with top FBI counterintelligence official that day. Says he relayed that Sussmann was serious lawyer "who could understand importance and validity of information that had been brought"

Baker says he knew Sussmann had clients in Democratic Party, but believed the meeting was in a "different capacity." Likens him to confidential human source.

Baker emphasizes a couple of times that FBI was already investigating possible Trump-Russia connections at time of meeting and was concerned about press reporting things that could affect that probe.

Baker testifies that he sought to protect Sussmann's identity after the meeting, but if he perceived he was working with a client he would not have. He says in that case, the client would have been the person needing protecting, not lawyer.

Baker says he discussed press issue with FBI leadership and they decided to ask Sussmann if he knew reporters so they could ask them to hold off on the story

Juror comes forward to say that she learned that her daughter is on the same crew team as Sussmann's daughter. Juror hasn't meet Sussmann and says she can be fair. Judge is going to let her stay on, over prosecution's objections.

Baker is back on stand and prosecutor is walking him through detailed account of FBI's conversations with NYT to try to get them to hold off on Alfa Bank story while bureau investigated.

Baker testifies that FBI leadership had another meeting with NYT where they said they could not confirm that data they investigated showed secret communications between Trump Org and Alfa Bank

Baker says FBI's ultimate conclusion on Alfa Bank matter was there was "nothing there."

Prosecutor Andrew DeFilippis shows Baker texts from Sussmann to Baker alerting him that he was hearing rumors about outlets that were about to publish Trump-Russia stories in late-September 2016.

Jury now getting shown a photo Sussmann sent Baker of protesters outside Perkins Coie office after it became public that the two had met about Trump-Russia allegations in 2016.

Baker now sounding a bit upset as he recounts experience of testifying about Trump-Russia investigation before Congress. "It sucked," he said calling the behavior of members of Congress "appalling."

Baker also says he felt he had "dragged Michael into a maelstrom" by mentioning meeting with Sussmann in House interview.

DeFilippis now trying to head off defense attacks on Baker's credibility. Baker had told Congress he "couldn't recall" whether he was aware Sussmann was representing DNC at time.

Baker says he hadn't prepared for questions about Sussmann meeting for the House interview and hadn't refreshed his memory about it. Alfa Bank was a "dead end" he says and by 2018 he sort of forgot about it.

And with that we break for lunch. Baker's testimony resumes in a little over an hour.

Baker is back on the stand, still on direct examination, reveals that he met Rodney Joffe and Sussmann previously while Baker was FBI GC because Joffe's company Neustar had concerns about an FBI contract. In that meeting, Sussmann was clear he had client, Baker says.

Sussmann also texted Baker a January 2019 Trump tweet in which Trump attacked their meeting.

Baker testifies that knowing whether or not Sussmann had client was important to him to assess its reliability of information. He says he would not have taken the meeting if Sussmann said he was working on behalf of Clinton camp

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

Baker said if Trump's opponent brought the FBI information "it would have raised very serious questions, certainly in mind, about the credibility of the source, veracity of the information and heighted a substantial concern in my mind about whether we were going to be played."

With that Baker's direct is over. Sussmann lawyer Sean Berkowitz up now for cross-examination. Starts by mentioning that Baker was previously under investigation by Durham for possibly leaking classified information.

Berkowitz gets Baker to agree that he has no "personal knowledge" about whether Sussmann was or wasn't representing client in 2016 meeting

"I felt stupid for not having found that material before," Baker says about finding text in March of this year from Sussmann setting up 2016 meeting.

Baker concedes that at time of 2016 meeting, he knew Sussmann had represented the DNC and Clinton campaign in response to Russian hack. He has previously said he couldn't recall if he knew that at time.

Berkowitz is repeatedly testing Baker's memory, asking what level of confidence he has that he remembers certain calls and interactions in 2016.

Berkowitz now showing Baker notes from a DOJ official from a March 2017 briefing about the status of Russia investigation. Official noted that Alfa Bank allegations came to FBI from a lawyer on behalf of client.

Baker says he doesn't remember that being said in meeting. Has only vague recollection of the meeting taking place.

Baker says it wasn't until Durham's investigators began "homing in" on meeting with Sussmann in June 2020 that he thought in detail about what Sussmann said about not having a client.

Berkowitz is showing Baker testimony in which he recapped meeting with Sussmann and mentioned that Sussmann had "some number of people that were his clients."

Baker now says that testimony was inaccurate and was "shorthand way" of describing people Sussmann was working with.

Baker says questions from Durham in 2020 and looking at notes from FBI counterintelligence head Bill Priestap "triggered" his memory of 2016 meeting.

"My memory on this point, sitting here today, is clear," he says.

And with that, we wrap for today. Cross-examination will continue tomorrow.