Thread by @JFHaughey58

#SussmannTrial Day 4: Proceedings in former #Clinton attorney Michael Sussmann’s trial are set to begin Thursday at 9 a.m. in the E. Barnett Prettyman US District Courthouse in Washington DC where they ended Wednesday with former FBI general counsel James Baker on the stand.

Baker is expected to testify likely through the morning regarding his Sept. 19, 2016 meeting with Sussmann when the defendant gave him two thumb drives and several “white papers” purporting a link between the #Trump Organization and Russia-based Alfa Bank. #SussmannTrial

Also on tap to testify Thursday are former FBI officials Bill Priestap and Trisha Anderson, who Baker conferred with after meeting with Sussmann. Priestap was Assistant Director for Counterintelligence and Anderson was deputy general counsel of national security. #SussmannTrial

BUT FIRST THINGS FIRST: Judge Christopher Cooper is expected to rule on a mistrial motion filed late Wednesday by Sussmann’s defense team. Lead defense attorney Sean Berkowitz said Wednesday he would file a motion for mistrial regarding testimony by Marc Elias. #SussmannTrial

During cross-examination, Berkowitz asked Elias if Sussmann was acting on behalf of the Clinton campaign when he gave the FBI data alleging a “secret server” link between the Trump Organization and Alfa Bank. "I think you’d have to ask Mr. Sussmann," Elias said. #SussmannTrial

When prosecutor Andrew DeFilippis referred to Elias’ response in redirect, Berkowitz told Cooper the reference violates Sussmann’s 5th Amendment right not to be compelled to testify against himself. Wednesday night, Berkowitz filed a 5-page motion for mistrial. #SussmannTrial

“... prejudicial testimony by Mr. Elias" ... "repeated improper questioning by the Special Counsel" ... "suggesting to the jury that, in order to answer a key question in the case—whether Mr. Sussmann went to the FBI on behalf of a client—“you would have to ask Mr. Sussmann.”

Judge Cooper has denied the motion for mistrial but has agreed to strike Elias' "nonresponsive" testimony. Berkowitz said Sussmann has not decided yet if he will testify in the trial. #SussmannTrial

Court is in brief recess with Baker still on the stand describing his meeting with Sussmann on Sept. 19, 2016, after arranging it the night before in a text to his personal phone regarding something "time-sensitive (and sensitive)." #SussmannTrial

In that Sunday night text before the Monday afternoon meeting at FBI HQ, Sussmann told Baker he was "not representing any clients" and wanted to convey information to "help the bureau." #SussmannTrial

Baker said he agreed immediately to meet with Sussmann. “First of all, I know Michael and had high regard for him. I thought it seems urgent, I think I should try to meet with him as soon as possible." #SussmannTrial

Sussmann already had an FBI security badge that allowed him access to FBI HQ. Baker said he “had a vibrant national security practice that had contact with the FBI a lot.” #SussmannTrial

Baker: "Michael started to explain why he was there, He said he was not appearing ... on behalf of any particular client and that he had information of concern regarding a surreptitious communication channel between Alfa Bank and some servers in the United States." #SussmannTrial

Baker: Sussman made the statement right at the beginning. “It was part of his introduction to the meeting, ‘I’m not here on behalf of any particular client.’ I’m 100 percent confident that he said that.” #SussmanTrial

“Michael is a friend of mine, a colleague. I believed it, trusted the statement was truthful, he was coming as a good citizen (with) information he wanted to share. Knowing Michael, I would expect him to want to tell the government; It’s the type of person I thought him to be.”

Judge Cooper has denied the request by prosecutors to remove Juror #5 from the panel because her daughter and Sussmann's daughter are on the same crew team. #SussmannTrial

Prosector Andrew DeFilippis still questioning Baker. Testimony has spanned two September 2016 meetings with New York Times’ Eric Lichtblau and 2018 interviews before congressional committees that, he said, “sucked on multiple levels.” #SussmannTrial

Court has recessed for lunch. Baker will return to the stand at 1:45ish. DeFilippis said he still needs an hour to finish before the defense begins cross-examine, meaning former FBI officials Bill Priestap, Trisha Anderson may not make the stand today. #SussmannTrial

Priestap's been a focus of DeFilippis-Baker exchange. After Sussmann meeting, Baker called counterintelligence officlal “because it involved Russia and this bank had links to the Kremlin. That seemed to me, on its face, to be a potential national security threat.” #SussmannTrial

When Baker met Priestap after Sussmann meeting, “I repeated that Michael said he was not there to represent a client.” He wanted Sussmann regarded as a “confidential human source” so “Bill would know who Michael was and take Michael as seriously as I did, too.” #SussmannTrial

DeFilippis is querying Baker about the relationship they sustained in ensuing years after their Sept. 19, 2016 meeting, including Sussmann lobbying for his Perkins Coie law firm to hire Baker. #SussmannTrial

There are reams of their texts entered as evidence, including a July 2019 lunch. "I think we probably talked about the Alfa Bank in general and the articles that were continuing to come out. I don’t think we specifically talked about the meeting of Sept. 19, 2016." #SussmannTrial

More than four hours later, Berkowitz begins cross-examining Baker. "Are you aware how many times you've been interviewed" by the prosecution? Baker said no. "Ten times," Berkowitz said. #SussmannTrial

Berkowitz cross-examing Baker about varied responses in Congressional interviews, in unauthorized disclosure of classified information probe (not charged), and in this case. A blur of emails, texts bouncing between 2016-20. Difficult to keep track of which is what. #SussmannTrial

Berkowitz: “If Mr Sussmann came to you and gave you a heads-up about a New York Times article about potential links to Russia, you would have wanted (agents) in the room, right?” Baker: “I would have wanted him to come to the FBI ... and have an agent with me ..." #SusssmannTrial

Berkowitz asks Baker about his work as a legal correspondent for CNN, noting he had to undergo training. Yes, Baker said, he was trained in “how to communicate on TV. It’s a special thing.” #SussmannTrial

Court in brief recess. Berkowitz is grilling Baker over why he would not reveal the source of the thumb drives, "white papers" when he turned the materials over to Priestap and agents to investigate. #SussmanTrial

Berkowitz going through February 2020 Baker interview with Durham, DeFilippis in which he said Sussmann had called him the night before their Sept. 19, 2016 meeting and said "it did not seem like" Sussmann was representing clients. #SussmanTrial

Baker also told the prosecutors in February 2020 that, “It didn’t come up in the (Sept. 19, 2016) meeting, whether he had a client or whether he did not.” Berkowitz: “You didn’t tell them, ‘No he specifically said he was not acting on behalf of a client.” #SussmannTrial

Prosecutor Andrew DeFilippis and defense attorney Sean Berkowitz have both drilled into Baker over his varied responses to repeated grilling in various probes over his Sussmann meeting. Pretty certain he'll be on the stand again Friday. #SussmannTrial

Court has adjourned for the day with Baker still on the stand and will resume Friday with Baker on the stand. Much of the questioning has focused on responses to questioning in Congressional interviews, an Inspector General probe, and by Durham in February 2020. #SussmannTrial

Baker said he gave Sussmann's data, documents the next day to FBI Counterespionage Section Chief Peter Strzok. Two days later, FBI Counterintelligence Asst Director Bill Priestap asked him to find out what news org. was about to post a story on alleged links. #SussmannTrial

Phone records indicate Baker called Sussmann and they spoke for 13 minutes. “To the best of my recollection, I asked him to provide us with the identity of whatever news organization that was planning to publish an article,” Baker said. #SussmanTrial

To that, Berkowitz asked, “What else” did they talk about? “Did (Sussmann) say I have to check with clients?” Baker: “I don’t remember him saying anything about needing to check with clients.” Berkowitz asked how certain he was of that. #SussmannTrial

Baker: “I wouldn’t make it 100%, at least 75%.” Berkowitz: “There’s a 25% chance he mentioned clients?” Baker: “I'm very confident that over the entire time we were talking about this he never mentioned clients. Of that, I am very confident. It happened more than five years ago."

Berkowitz: “13 minutes?” Baker: “I had to explain to him why we needed the identity of the reporter so we could get the extra time.” Berkowitz: “13 minutes is a long time.” Baker: “13 minutes is 13 minutes.” #SussmannTrial

AND WITH THAT, reporters are being booted out, Out, OUT! of the media room. So, while this thread ends for the day, The Epoch Times coverage continues via my colleague Zack Stieber at theepochtimes.com.