Thread by @JFHaughey58

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

"Last evening the defense advised government counsel it intends to seek admission of the entirety of the defendant’s Congressional testimony under the so-called 'rule of completeness.' #SussmannTrial

Then motion seeks to restrict that committee transcript only to the parts where Sussmann says he was representing a client when he delivered the materials to Baker. "There is no lawful basis for admitting the entire transcript," it concludes. #SussmannTrial

The motion is likely to be the first matter discussed before Judge Christopher Cooper when the proceedings begin this morning. The prosecution, with Arsenault as its summary witness, rests its case today. #SussmannTrial

When the defense makes its case, beginning Wednesday afternoon or Thursday morning, it will call former New York Times writer Eric Licthblau, FBI agent Tom Grasso, Tasha Gauhar, and "some character witnesses." #SussmannTrial

There have been 16 witnesses called by prosecutors, including eight former/current FBI agents and attorneys. Among things we've learned so far is attorneys bill in 6-minute blocks and FBI agents don't remember anything unless they wrote in down in their notes. #SussmannTrial

Cooper begins the day by admonishing both sides to "keep it clean" in complying with the "evidentiary guardrails" hammered out before, and during, the trial. #SussmannTrial

Cooper's comments relate to a BitVoyant CEO Jared Novick's speculation that "it could have been fabricated" in response to a question by prosecutor Jonathon Algor. #SussmannTrial

Prosecutors this morning acknowledged they did not mean to elect such a response and agreed to have the statement struck from the record. ALSO: Both parties agree to government motion regarding 2017 Sussmann Congressional testimony. #SussmannTrial

Elicit, that is ... we'll get it together as the day goes along. Maybe. Meanwhile, Arsenault is on the stand. There has already been one sidebar as the government summarizes its case against Sussmann and agreement not to parade "100 exhibits, one-by-one." #SussmannTrial

Government enters billing records as evidence. Sussmann told FBI he wasn't representing clients but between July 31-Sept. 19, 2016, he billed #Clinton campaign four times for communications "regarding server" (with Elias) or "regarding confidential project." #SussmannTrial

Billing, calendar entries, phone records ... like reading cement but they are the building blocks of the government's case, documenting Sussmann's engagement with others in the alleged "joint venture." #SussmannTrial

And don't forget the emails! Arsenault speaks softly. Entries are quite small on the monitor. A blur of dates and names. Suffice to say, a lot of contact between alleged communicants in what the government claims was a coordinated scheme. #SussmannTrial

Sussmann purchased "single-use flash drives for secure sharing of files" in a DC Staples on Sept. 13, 2016 for $12.90. Prosecutor Michael Keilty asks Arsenault if the purchase was billed "to a certain client?" She responded: "Hilary for America." #SussmannTrial

Defense attorney Michael Bosworth begins cross-examine of Arsenault. The Sept. 19, 2016, entry was not billed to the Clinton campaign but to his Perkins Coie law firm. #SussmannTrial

Bosworth also asks Arsenault about three Billings for taxi rides from his office to lunch to FBI back to his office all billed to Perkins Coie. The cross lasted nine minutes. Court in recess. #SussmannTrial

You know when a judge or attorneys request a break in the middle of testimony that jurors' heads are nodding. It's been a dog-without-ponies show so far this morning, but the prosecution is tracing Sussmann's steps invoice-by-invoice. #SussmannTrial

The good news -- unless you are a fan of deliberative tedium -- is the government is set to rest its case with summary witness Arsenault cross-examined for only 9 minutes. She'll finish up when court reconvenes shortly. #SussmannTrial

Court was expected to reconvene about 11:45ish but, thus far, Cooper has not returned to the bench. At some point soon, defense will begin to make its case, which will include witness Eric Lichtblau, formerly of the New York Times. #SussmannTrial

Prosecutors read Sussmann Dec 2017 Congressional testimony into record. Q) When you engaged with FBI, CIA, you were doing that on your own volition? A) No Q) You were directed to have those conversations? A) Yes Q) Client was ok with you going to CIA? A) Yes #SussmannTrial

NOTE in regard to this: It was FBI agent Curtis Heide who made this comment, not Novick. The perils of "live reporting." #SussmanTrial

Defense opens case. Former DOJ attorney Tashina Gauhar is quickly off the stand. Now former federal prosecutor Mary McCord testifies. Gist of their comments is Sussmann's data, documents were just part of a raft of concerns regarding Trump-Russia in summer 2016. #SussmannTrial

McCord is off the stand and the defense calls FBI agent Tom Grasso to testimony. Lead defense attorney Sean Berkowitz will examine Grasso, who was subpoenaed to testify by Sussmann's team. #SussmannTrial

Court is in recess after former FBI agent Tom Grasso testifies about how he passed along two IP addresses to investigators on behalf of Joffe and honored Joffe's request to remain anonymous. #SussmannTrial

Grasso said he interacted with Joffe often over more than a decade. He nominated Joffe for a 2013 FBI Director's Award for his role in a team that dealt with 'The Butterfly Bot.' Joffe was reliable, respected, Grasso said. #SussmannTrial

Grasso said in late September 2016, he was aware of Trump-Russia concerns but not of the Alfa allegations. The first time he heard of it was whenJoffe called him and "advised me there was an open FBI investigation in the matter." #SussmannTrial

Grasso said Joffe verbally relayed to him two IP addresses that would help investigators. The agent had to make several phone calls to "first determine if there was an investigation" that Joffe know about but he didn't. #SussmannTrial

Grasso learned there was, indeed, an Alfa probe and sent "an email to the Chicago folks with the IP addresses" but, at Joffe's request, did not disclose his identity, which frustrated investigating agents. #SussmannTrial …

Grasso said he knew Joffe was an FBI 'confidential human source' (CHS). He knew who Joffe's "handler" was, but never contacted him nor did he know if Joffe had conveyed the information to his 'handler.' #SussmannTrial

Grasso: “He would come directly” to him and “did not use an intermediary”even though he had a handler. “It was always a direct contact from Mr. Joffe …” Grasso could not recall if he reached out to Joffe’s “handler,” agent Paul Scheff. #SussmannTrial

Grasso did not recall if Joffe said where he got, and who developed, the data. Joffe specifically asked him not to disclose his identity. "I can't say for certain why" but assumed it was because allegations involved Russia and he feared for his family's safety. #SussmannTrial

Grasso told prosecutor Andrew DeFillipis it was odd. “It was unusual in that it concerned a matter I normally didn’t work with Mr. Joffe on.” (cybercrime). “This was Russia, foreign influence, counterintelligence, which is why I quickly passed it off." #SussmannTrial

Grasso said if he knew Joffe's relationship with the Clinton campaign and that the data may have been generated by the campaign, "I would have passed that information onto the people investigating. I would want them to know this is tied to a political matter …” #SussmannTrial

Discussion before Cooper regarding a sealed motion filed by the defense regarding what Sussmann could be asked if he choses to testify. The defense wants "pre-trial negotiations" precluded from questioning. #SussmannTrial

Sussmann's lawyers want a prompt response but prosecutors want more time to review the motion. Lead defense attorney Sean Berkowitz said a response is needed "sooner rather than later" because it would "inform" Sussmann's decision to take the stand. #SussmannTrial

Berkowitz said if Sussmann takes the stand, it would likely take at least three hours, begin Thursday and end Friday. This, Cooper said, would like mean closing arguments won't be heard until next Tuesday. #SussmannTrial

The sealed motion was discussed after defense witnesses Latham & Watkins LLP paralegal Randall Charnov, and character witnesses Jimma Elliott-Stevens, Thomson-Reuters general counsel, and former DOJ attorney Martha Stansell-Gamm. #SussmannTrial

DeFillipis said he'll file reply to sealed motion by 6 pm to determine "what's fair for the defendants' cross-examine." Cooper said alacrity is appreciated "so we know if we are going to move forward (into next week) or if the defense is going to rest" by Friday. #SussmannTrial

Amid these confusing wrenches, Cooper has sent the jury home. There were more discussions regarding Heide's "fabricated" comment and the defense was allowed to read parts of Sussmann's December 2017 Congressional testimony into the record. #SussmannTrial

Before the “Sussmann may testify” bomb, Randall Charnov, a paralegal at Latham & Watkins — the law firm defending him — took the stand as a defense witness. Charnov was asked about charts, calendar entries diagramming Sussmann’s contacts between June-October 2016. #SussmannTrial

Charnov explained he placed contacts into “three buckets” of Sussmann clients. One for the Democratic National Committee (DNC), one for the Democratic Congressional Campaign Committee (DCCC), one for Hilary For America campaign (HFA). #SussmannTrial

Correspondence included an Aug. 3, 2016, email, ‘Extortion threat to the Hilary campaign’ with “FBI recipients.” The Aug. 2 message said campaign would be attacked 8-8-2016 “if ransom not paid.”
Sussmann CC’d in the email as “HFA attorney.” #SussmannTrial

The threat passed. In Aug. 9 email from “HFA attorney Michael Sussmann” to members of DOJ/FBI regarding “intrusions of DNC/DCCC,” Sussmann thanked FBI agent Rodney Hayes for the agency’s response. “We appreciate your attention and assistance,” the email said. #SussmannTrial

The FBI scheduled three “secret level” meetings for “threat briefings” at agency headquarters between Aug. 11-16 with the DNC, DCCC, and HFA. Sussmann attended all three meetings as among the entities’ lawyers. #SussmannTrial

In a Sept. 22, 2016, email from FBI agent Rodney Hays to Sussmann — three days after he went to Baker — Hays asks if he has "time to chat with the FBI” because DOJ/FBI “are likely to have some information requests for your clients and would like to talk to them.” #SussmannTrial

Charnov’s testimony was to demonstrate Sussmann was well-known as a "cyber guy" and as a lawyer who represented Democratic entities. His cache, they say, is why he was concerned about the allegations and why Baker and others launched the probe. #SussmannTrial

On cross-examination, prosecutor Michael Keilty noted prominent dates weren’t on Charnov’s charts. Sept. 18, Sept. 19, for instance were not documented. When asked why Sept. 19 wasn’t on chart, Charnov said, “This is the first time I am hearing of this.” #SussmannTrial

Keilty noted the chart only goes through October 2016. He asked: “So February 2017 does not appear on this chart. Are you aware Mr. Sussmann went to the CIA” in February 2016? Charnov replied: “I am not aware,” admitting he had not followed the case. #SussmannTrial

Proceedings have ended with all expecting a filing tonight regarding Sussmann potentially testifying as soon as Thursday. Also on tap is former New York Times reporter Eric Lichtblau. For continuing coverage, check-in with Zack Stieber at The Epoch Times. theepochtimes.com