John Haughey Profile picture
May 24 38 tweets 14 min read
Reporters are in the media room at the US District Courthouse in Washington, DC, 50 minutes after it's supposed to open, so off to slow start this drizzly Tuesday for Day 7 of #Clinton attorney Michael Sussmann’s trial for lying to FBI about Trump-Russia links. #SussmannTrial
DOJ deputy assistant attorney general Tricia Anderson takes the stand. Her notes taken after speaking with former general counsel James Baker after he received data, documents from Sussmann is evidence in the case. #SussmannTrial
Prosecutor Brittain Shaw ends her examination of Anderson in less than 10 minutes. Like FBI agent Bill Priestap Monday, she doesn't recall specifics and is testifying on notes taken during meetings she cannot recall. #SussmannTrial
Anderson is on the stand for less than a half-hour -- a #SussmannTrial record for brevity -- and she didn't recall much. Now FBI agent Curtis Heide takes the stand. He was a lead agent in FBI Chicago field office in 2016. #SussmannTrial
Heide offers one explanation for who, what ordered the "full" DOJ probe despite initial reviews revealing no fire with this smoke: The Chicago FBI office "may have been conflating the US Department of Justice and our own office of general counsel." #SussmannTrial
Heide and Allison Sands, who testified Monday, were co-case agents in investigating the allegations. He is under DOJ inquiry for “not identifying exculpatory information” in #CrossfireHurricane probe. Exculpatory information is a fact that negates an allegation. #SussmannTrial
When the FBI Chicago closed the probe in October 2016 because it lacked substance, it was called a "preliminary investigation" requested by the DOJ. Prosecutor Jonathon Algor asked if that was accurate. "Not it is not," Heide said. #SussmannTrial
The effort was a "full field investigation" and it was not requested by the DOJ but from within the FBI. Heide earlier said that may have been a mistake within the office of "conflating" the DOJ with the FBI's office of general counsel. #SussmannTrial
Heide is at least the seventh witness who was, or still is, employed by the FBI to testify in the case and only the two cyber analysts seem to remember much unless reading from notes taken during meetings they don't recall. #SussmannTrial
Lead defense attorney Sean Berkowitz is cross-examining Heide, who is a subject of a DOJ probe for allegedly withholding exculpatory information in a FISA court proceeding related to #CrossfireHurricane. #SussmannTrial
Berkowitz: “That is a serious allegation … that you intentionally withheld information that could help prove an individual’s innocence … a serious allegation. You have denied it. Heide: The case is still pending. #SussmannTrial
Before proceedings began Monday, Cooper and attorneys discussed upcoming testimony from a witness engaged in “an unadjudicated matter.” Berkowitz expressed concern that the witness could be testifying to “curry favor with the government.” #SussmannTrial
Berkowitz asked Heide how many times he’s met with prosecutors to iron out testimony. “A handful,” Heide said. “Five times — that’s a handful,” Berkowitz said, including three times in May with the last session on May 19 ... "last Thursday after court." #SussmannTrial
Court has recessed for lunch with Heide set to return to the stand and Berkowitz continuing his cross-examination at 1:45. A lot of nodding heads, heavy eyelids as Heide is grilled about the email and that, nte dates bouncing across several years. #SussmannTrial
Investigation's origin after FBI cyber experts dismissed allegations within a day remains opaque with FBI counterintelligence agent Curtis Heide saying it was mislabeled a DOJ probe because of a "typo" perhaps attributable to "conflating" DOJ and FBI's office of general counsel
Heide said first time he was aware "there may have been a typo in the paperwork" mislabeling it as a DOJ investigation was in October 2018 while being interviewed in Office of Inspector General probe into CrossFire Hurricane. #SussmannTrial
“It is your testimony sitting here today that both the opening of the case and closing of the case had a typo?" Berkowitz asked, noting that it indicates "not a lot of attention to detail.” Heide: “There were some mistakes, yes.” #SussmannTrial
Judge Christoper Cooper has denied prosecution’s request to introduce emails between Georgia Tech cyber expert David Dagon and others after Berkowitz asked Heide if he followed-up on agent Tom Grosso’s offer to provide Dagon as a “private sector subject expert.” #SussmannTrial
Prosecution maintained Berkowitz’s questioning of Heide “opened the door” to “materiality” for those emails to be introduced. Cooper disagreed. “Mr. Berkowitz confined his questions” to demonstrate “the FBI could have interviewed Mr. Dagon” but chose not to. #SussmannTrial
Cooper said email relates more to Rodney Joffe’s views, motivations, and said when Heide returns to stan for redirect, the prosecution can ask “what he would have asked in an interview of Mr. Dagon. We are not going to get into” Dagon’s views, motivations. #SussmannTrial
Redirect of Heide goes into more mind-numbing detail about how FBI agents email each other and use an internal chat "link" system to communicate and who said what to who when. #SussmannTrial
When asked what he would have asked Dagon had FBI investigators chosen to ask Dagon questions even after the alleged white paper author was offered as a "private sector subject expert," if they'd ask about his motivations, Heide said, well yes, he would have. #SussmannTrial
Now on the stand is Jared Novick, CEO of BitVoyant, a cyber threat analysis company, which he says does "proactive assessments of private sector companies to assess their vulnerabilities." #SussmannTrial
Novick spends months-long minutes explaining his company's relationships with other companies, including Packet Forensics. The bottom line is Joffe said on the board and tasked BitVoyant to look into Trump Organization DNS data in the summer of 2016. #SussmannTrial
That is, Joffe SAT on the board. In August 2016, Joffe "tasks me and I received a PDR document and in that document there was a handful--five, seven--names of individuals, their spouses, their personal emails, addresses ... it was very personal ..." #SussmannTrial;
The PDF included "names of Russian companies, Russian affiliations, some names that seemed foreign to me and some names I recognized in the news so immediately I knew it to be a political request," Novick said. First name: Carter Page.#SussmannTrial
It was “extremely uncommon ... this was a group, a group of individuals, the whole thing felt to me like opposition research,” Novick said. “It made me feel very uncomfortable.” #SussmannTrial
Novick“immediately” contacted Victor Oppleman, a friend also on the BitVoyant board and engaged with Joffe in other companies, including Littoral Ventures, which provided the PDF. “He was also uncomfortable” but they “reluctantly moved forward with tasking.” #SussmannTrial
Novick assigned three analysts to follow through with the tasking. They named the project CRIMSON RHINO because the "last thing I wanted was Donald Trump’s name" on the company tasking board for all to see. #SussmannTrial
Joffe asked to “cast a large net.” The PDF had 90 days of DNS data “so the first thing is they look at is past 90-day history. (To) go deep, as deeply as possible, go wide, not look through a soda straw but look at everywhere for things related” to Alfa. #SussmannTrial
During cross-examine, Berkowitz said Novick has told investigators that he did not get along with Joffe, who was pressuring him to better his performance in leading BitVoyant. On Sept. 12, 2021, he told investigators there was a "bit of friction" between them. #SussmnannTrial
Novick said he didn’t recall saying that. “You are asking me about a word and I cannot tell you if I used that word. I had a difficult relationship with Rodney," he said. #SussmannTrial
On redirect, prosecutor Jonathon Algor asked Novick what he was told would happen to the information they compiled. He said: “It was to go to an attorney.” #SussmannTrial
Cooper has called it a day. Prosecution closes case Wednesday with Durham paralegal Kori Arsenault serving as summary witness. Algor said testimony will be “a demonstration” of “100 exhibits, one-after-another.” That was greeted by gasps, a Berkowitz objection #SussmannTrial
Upon hearing of the prosecution's plan to parade 100 exhibits through his courtroom, Cooper said he was “somewhat frustrated” they “didn’t address this” earlier. Both set of attorneys agreed to work tonight on trimming them back. #SussmannTrial
When the defense makes its case beginning Thursday morning the latest, Berkowitz said he will call former New York Times writer Eric Licthblau, FBI agent Tom Grasso, Tasha Gauhar, and "some character witnesses." #SussmannTrial
If all goes well, that leaves Friday for both sides to make 1-to-1 1/2 hour closing arguments so that Cooper can leave by 2 pm for a prior commitment (otherwise known as the three-day Memorial Day weekend).
For continuing coverage of today's proceedings and things that go bump in the night--many midnight filings in this case--check-in with Zack Stiebel at The Epoch Times. theepochtimes.com

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More from @JFHaughey58

May 26
#SussmannTrial Day 9 begins in speculative uncertainty with the defense pulling former New York Times reporter Eric Lichtblau from its witness list and hinting that Sussmann himself may take the stand as soon as today, Thursday.
Sussmann, an attorney who represented the #Clinton campaign, DNC, and other Democratic Party organizations, is accused of lying about his affiliations in Sept. 2016 when delivering data purporting a “secret” link between the Trump Organization and a Russian bank. #SussmannTrial
There have been 20 witnesses — 17 by prosecutors, including 8 FBI agents/attorneys — called to the stand during the eight-day trial before Judge Christopher Cooper in his E. Barnett Perrymann US District Courthouse in Washington, DC. #SussmannTrial
Read 15 tweets
May 25
Day 8 of the #SussmannTrial is set to begin at the E. Barnett Perryman US District Courthouse in Washington, DC. shortly with the prosecution set to sum up its case with its 17th witness, #Durham paralegal Kori Arsenault.
Former DNC/Clinton campaign attorney Michael Sussmann is on trial for allegedly lying to the FBI when he delivered data, documents purporting a secret server channel between the Trump Organization and Kremlin-linked Alfa Bank. #SussmannTrial
The prosecution Tuesday night filed two motions seeking to thwart the defense's anticipated request to enter all of Sussmann's testimony before the House Permanent Select Committee on Intelligence on Dec.18, 2017. #SussmannTrial
Read 50 tweets
May 23
#SussmannTrial Day 6: #Clinton campaign attorney Michael Sussmann’s trial for allegedly lying to the FBI about concocted links between the Trump Organization and a Kremlin-linked bank prior to the 2016 election continues Monday in Washington, DC. A recap: theepochtimes.com/former-fbi-off…
Ten witnesses have testified: two FBI agents, a Neustar executive, DNC attorney Debbie Fine, FusionGPS’s Laura Seago, former Clinton general counsel Marc Elias, former FBI general counsel James Baker, former Clinton manager Robby Mook, two retired CIA agents. #SussmannTrial
Among disclosures in the #SussmannTrial is the Clinton campaign solicited media to publish the allegations. On Friday, Mook confirmed Hilary Clinton personally approved, spurring former President Donald Trump to ask, “Where do I get my reputation back?” theepochtimes.com/trump-after-te…
Read 34 tweets
May 20
#SussmannTrial Day 5: The first week of the anticipated two-week trial of #Clinton campaign attorney Michael Sussmann concludes Friday with former FBI general counsel James A. Baker on the stand. Here’s a recap: theepochtimes.com/fbi-lawyer-say…
Baker is a key witness in the case against Sussmann, who is charged with lying to the FBI when he delivered thumb drives, documents to Baker alleging “a secret server connection” between the Trump Organization and Kremlin-liked Alfa Bank. #SussmannTrial
But Baker is not a “friendly” witness for Special Prosecutor John #Durham’s team. He'd worked with Sussmann at the DOJ and they maintain a friendship. On the stand, he’s repeatedly referenced his respect for him as a cyber/national security expert. #SussmannTrial
Read 38 tweets
May 19
#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
Read 37 tweets
May 18
#SussmanTrial Day 3: On tap to testify Wednesday: Clinton campaign attorney Debbie Fine, FusionGPS technician Laura Seago, Clinton campaign general counsel Marc Elias, former DNC employee Tom McMahon and former FBI general counsel James A. Baker.
Prosecutor Jonathon Algor questioning Fine, an attorney who now works for the Open Society Institution. She was a deputy campaign counsel. Asked if she could explain the campaign's leadership structure, she said: "No." #SussmannTrial
Algor is asking Fine about what "opposition research" is. "I conducted research to support the campaign. I am not comfortable discussing what that was used for," Fine said. #SussmannTrial
Read 40 tweets

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