Thread by @JFHaughey58

#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

Wednesday’s proceedings ended abruptly amid discussion before Cooper regarding a sealed motion filed by the defense restricting what Sussmann can and cannot be asked if he testifies. The defense wants "pre-indictment negotiations" precluded from questioning. #SussmannTrial

Sussmann's lawyers wanted a prompt reply to their motion from special prosecutor John Durham’s team but they wanted time to review. Defense attorney Sean Berkowitz wanted a response "sooner rather than later" because it would "inform" Sussmann's decision. #SussmannTrial

Prosecutor Andrew DeFillipis said he’d file reply by 6 pm to determine "what's fair for the defendants' cross-examine." As of 8:40 am Thursday, it is uncertain if or how prosecutors responded because sealed motions aren’t publicly available. #SussmannTrial

Thursday’s proceedings are likely to begin with discussion over the sealed motion. Sussmann, conceivably, could take the stand right away. If so, all that remains after is closing arguments with the case going to the jury Friday. #SussmannTrial

Meanwhile, Tuesday night, the defense pulled Lichtblau from its witness list. The defense wanted the former New York Times reporter to testify about his communications with Sussmann in the summer/fall of 2016. #SussmannTrial

Lichtblau was expected to clarify what he told Sussmann about a pending article in the NYT about the alleged Trump-Russia links. Sussmann claims he went to the FBI to give it a heads-up about the pending article. #SussmannTrial

What Lichtblau could and count not be asked on the stand has been a source of contention in sidebars and discussions throughout the trial. He has only consented to testify narrowly on his interactions with Sussmann. #SussmannTrial

Sussmann’s team withdrew its subpoena for Lichtblau Tuesday night without stating a reason. Speculation in the media room — five floors below the courtroom — is the defense is essentially switching the reporter for the defendant. But nobody knows. #SussmannTrial

As we wait for Cooper to convene court and initiate what should be an intriguing discussion, today, Thursday, Day 9 of this trial, I vow not to stand here in the media room, five decks below, when the bailiff says, "All rise." #SussmannTrial

Sussmann will not testify. Cooper asked if he agreed with not testifying, Sussmann said he did. And thta is that. Sussmann will not testify. #SussmannTrial

The defense has 19 to 20 exhibits to read into evidence and, apparently, closing arguments will begin after. Closing arguments are expected to last 1-to-1 1/2 hours each, meaning this case could go to the jury as soon as this afternoon. #SussmannTrial

Discussion before Cooper about redacting from the record comments already heard by the jury (years ago last week) by former FBI general counsel James Baker. This could entail the return of several FBI witnesses to the stand today. #SussmannTrial

Cooper has recessed the court -- the jury was never brought in -- to review a request by the defense to redact some Baker comments. Prosecutors have offered FBI witnesses to take the stand for brief clarifications of what Baker said or didn't say to them. #SussmannTrial

AND, SO. Today's plan is to give the jury instructions with closing arguments beginning Friday morning so Cooper can leave by 2:30 pm. BUT WAIT. Berkowitz said he'd rather close Tuesday so jurors will "have a good weekend and come back and deliberate."#SussmannTrial

Suspense and travel arrangements are in the air in the media room. Cooper has been pretty accommodating to both sides' multiple requests but one thing that he's made clear: he's outta here 2:30 pm Friday. #SussmannTrial

The discussion involves would Baker have taken the meeting with Sussmann had he known of his relationships with the Clinton campaign and the DNC. Baker said he took meeting because Sussmann was a friend and well-known in the cyber security community. #SussmannTrial

Cooper agreed to the prosecution's request to bring in agents who've previously testified to clarify what Baker told them and when he told them what he told them. They would be limited to brief questioning on these specifics. #SussmannTrial

But it is uncertain if prosecutors will do so. DeFillipis said they may just read agents' interview transcripts into the record before the jury. The jury is finally in the courtroom and Berkowitz is closing defense's case by reading evidence into the record. #SussmannTrial

Defense closes case. The prosecution offers no rebuttal. Cooper says both parties give closing arguments Friday. Recesses court for an hour to meet with attorneys to discuss final instructions to jury. #SussmannTrial

Court is not recessed. The jury, after making a 13-minute appearance, has been ushered out of the courtroom while Cooper and both sides discuss what the jury will be instructed to determine in reaching a verdict. #SussmannTrial

Tweaky discussion. Sussmann is charged with making false statement on Sept. 19, 2016. Indictment reads "on or about" Sept. 19. Jury to be asked if he did so "on" Sept. 19. "It’s 'on.' It’s not 'about,'" Cooper said. "We will take ‘or about’ out of instructions." #SussmannTrial

Cooper and attorneys have retired to his chambers to discuss instructions further. Poor jury sitting in some spare, spartan backroom wondering what's going on. #SussmannTrial

Cooper has returned to the bench for a "continuation of our charge conference."There is a discussion about reminding the jury to disregard "political views, political leanings, political affiliations." #SussmannTrial

Good luck with that, prosecutor Michael Keilty told Cooper since "This could be termed a politically charged case" but he agrees with emphasizing that in jury instructions. #SussmanTrial

Keilty requests" some kind of language regarding juror nullification would be appropriate" in the instructions because one of the 16 jurors "has a connection with the defendant." #SussmannTrial

That would be Juror #5, who revealed last week her daughter is on the same high school crew team as Sussmann's daughter. Cooper allowed her to remain on jury because there are 30-40 students on the team and the juror had never met, seen the Sussmanns at any event. #SussmannTrial

Cooper said it isn't much of a "connection" but will include "juror nullification language" in instructions and a reminder to ignore politics in the "politically charged" case. "I am happy to put that in the instructions because it is fairly standard," he said. #SussmannTrial

So, all parties have agreed on the instructions. There are at least 24 of them. They are being typed up for dissemination to the jury, which -- except for a 13-minute appearance -- has been in the Jury Room all day. #SussmannTrial

The plan -- right this instant, anyway -- is to read the jury the instructions, which will take about an hour, adjourn for the day and return Friday for closing arguments, which must conclude by 2:30 pm because Cooper's got plans. #SussmannTrial

So that's that. Jury received instructions. Closing arguments set for 9 am Friday. Proceedings to end before 2:30 pm. Jury may begin deliberating right away, but will likely be sent home for three-day weekend and return Tuesday to ponder a verdict. #SussmannTrial

Cooper instructs attorneys to keep arguments to no more than 100 minutes so they can "get it in by lunch, assuming people are here on time." #SussmannTrial