Durham Is Said to Seek Indictment of Lawyer at Firm With Democratic Ties – The New York Times
WASHINGTON John H. Durham, the special counsel appointed by the Trump administration to scrutinize the Russia investigation, has told the Justice Department that he will ask a grand jury to indict a prominent cybersecurity lawyer on a charge of making a false statement to the F.B.I., people familiar with the matter said.
Any indictment of the lawyer Michael Sussmann, a former federal prosecutor and now a partner at the Perkins Coie law firm, and who represented the Democratic National Committee on issues related to Russias 2016 hacking of its servers is likely to attract significant political attention.
Donald J. Trump and his supporters have long accused Democrats and Perkins Coie whose political law group, a division separate from Mr. Sussmanns, represented the party and the Hillary Clinton campaign of seeking to stoke unfair suspicions about Mr. Trumps purported ties to Russia.
The case against Mr. Sussmann centers on the question of who his client was when he conveyed certain suspicions about Mr. Trump and Russia to the F.B.I. in September 2016. Among other things, investigators have examined whether Mr. Sussmann was secretly working for the Clinton campaign which he denies.
An indictment is not a certainty: On rare occasions, grand juries decline prosecutors requests. But Mr. Sussmanns lawyers, Sean M. Berkowitz and Michael S. Bosworth of Latham & Watkins, acknowledged on Wednesday that they expected him to be indicted, while denying he made any false statement.
Mr. Sussmann has committed no crime, they said. Any prosecution here would be baseless, unprecedented and an unwarranted deviation from the apolitical and principled way in which the Department of Justice is supposed to do its work. We are confident that if Mr. Sussmann is charged, he will prevail at trial and vindicate his good name.
A spokesman for Attorney General Merrick B. Garland, who has the authority to overrule Mr. Durham but is said to have declined to, did not comment. Nor did a spokesman for Mr. Durham.
The accusation against Mr. Sussmann focuses on a meeting he had on Sept. 19, 2016, with James A. Baker, who was the F.B.I.s top lawyer at the time, according to the people familiar with the matter. They spoke on condition of anonymity.
Because of a five-year statute of limitations for such cases, Mr. Durham has a deadline of this weekend to bring a charge over activity from that date.
At the meeting, Mr. Sussmann relayed data and analysis from cybersecurity researchers who thought that odd internet data might be evidence of a covert communications channel between computer servers associated with the Trump Organization and with Alfa Bank, a Kremlin-linked Russian financial institution.
The F.B.I. eventually decided those concerns had no merit. The special counsel who later took over the Russia investigation, Robert S. Mueller III, ignored the matter in his final report.
Mr. Sussmanns lawyers have told the Justice Department that he sought the meeting because he and the cybersecurity researchers believed that The New York Times was on the verge of publishing an article about the Alfa Bank data and he wanted to give the F.B.I. a heads-up. (In fact, The Times was not ready to run that article, but published one mentioning Alfa Bank six weeks later.)
Mr. Durham has been using a grand jury to examine the Alfa Bank episode and appeared to be hunting for any evidence that the data had been cherry-picked or the analysis of it knowingly skewed, The New Yorker and other outlets have reported. To date, there has been no public sign that he has found any such evidence.
But Mr. Durham did apparently find an inconsistency: Mr. Baker, the former F.B.I. lawyer, is said to have told investigators that he recalled Mr. Sussmann saying that he was not meeting him on behalf of any client. But in a deposition before Congress in 2017, Mr. Sussmann testified that he sought the meeting on behalf of an unnamed client who was a cybersecurity expert and had helped analyze the data.
Moreover, internal billing records Mr. Durham is said to have obtained from Perkins Coie are said to show that when Mr. Sussmann logged certain hours as working on the Alfa Bank matter though not the meeting with Mr. Baker he billed the time to Mrs. Clintons 2016 campaign.
Another partner at Perkins Coie, Marc Elias, was then serving as the general counsel for the Clinton campaign. Mr. Elias, who did not respond to inquiries, left Perkins Coie last month.
In their attempt to head off any indictment, Mr. Sussmanns lawyers are said to have insisted that their client was representing the cybersecurity expert he mentioned to Congress and was not there on behalf of or at the direction of the Clinton campaign.
They are also said to have argued that the billing records are misleading because Mr. Sussmann was not charging his client for work on the Alfa Bank matter, but needed to show internally that he was working on something. He was discussing the matter with Mr. Elias and the campaign paid a flat monthly retainer to the firm, so Mr. Sussmanns hours did not result in any additional charges, they said.
Last October, as Mr. Durham zeroed in the Alfa Bank matter, the researcher who brought those concerns to Mr. Sussmann hired a new lawyer, Steven A. Tyrrell.
Speaking on the condition that The New York Times not name his client in this article, citing a fear of harassment, Mr. Tyrrell said his client thought Mr. Sussmann was representing him at the meeting with Mr. Baker.
My client is an apolitical cybersecurity expert with a history of public service who felt duty bound to share with law enforcement sensitive information provided to him by D.N.S. experts, Mr. Tyrrell said, referring to Domain Name System, a part of how the internet works and which generated the data that was the basis of the Alfa Bank concerns.
Mr. Tyrrell added: He sought legal advice from Michael Sussmann who had advised him on unrelated matters in the past and Mr. Sussmann shared that information with the F.B.I. on his behalf. He did not know Mr. Sussmanns law firm had a relationship with the Clinton campaign and was simply doing the right thing.
Supporters of Mr. Trump have long been suspicious of Perkins Coie. On behalf of Democrats, Mr. Elias commissioned a research firm, Fusion GPS, to look into Mr. Trumps ties to Russia. That resulted in the so-called Steele dossier, a notorious compendium of rumors about Trump-Russia ties. The F.B.I. cited some information from the dossier in botched wiretap applications.
Some of the questions that Mr. Durhams team has been asking in recent months including of witnesses it subpoenaed before a grand jury, according to people familiar with some of the sessions suggest he has been pursuing a theory that the Clinton campaign used Perkins Coie to submit dubious information to the F.B.I. about Russia and Mr. Trump in an effort to gin up investigative activity to hurt his 2016 campaign.
Mr. Durham has also apparently weighed bringing some sort of action against Perkins Coie as an organization. Outside lawyers for the firm recently met with the special counsels team and went over the evidence, according to other people familiar with their discussions, arguing that it was insufficient for any legal sanction.
The lawyers for Perkins Coie and the firms managing partner did not respond to phone calls and emails seeking comment.
Mr. Sussmann, 57, grew up in New Jersey, attending Rutgers University and then Brooklyn Law School. He spent 12 years as a prosecutor at the Justice Department, where he came to specialize in computer crimes. He has since worked for Perkins Coie for about 16 years and is a partner in its privacy and cybersecurity practice.
Mr. Sussmann and his firm have been particular targets for Mr. Trump and his supporters.
In October 2018, a Wall Street Journal columnist attacked Mr. Sussmann, calling him the point man for the firms D.N.C. and Clinton campaign accounts, apparently conflating him with Mr. Elias. Perkins Coie responded with a letter to the editor saying that was not Mr. Sussmanns role and that the unnamed client on whose behalf he spoke to the F.B.I. had no connections to either the Clinton campaign, the D.N.C. or any other political law group client.
Four months later, Mr. Trump attacked Mr. Sussmann by name in a slightly garbled pair of Twitter posts, trying to tie him to the Clinton campaign and to the Steele dossier.
Raising the specter of politicization in the Durham inquiry, lawyers for Mr. Sussmann are said to have argued to the Justice Department that Mr. Bakers recollection was wrong, immaterial and too weak a basis for a false-statements charge. There were no other witnesses to the conversation, the people familiar with the matter said.
In a deposition to Congress in 2018, Mr. Baker said he did not remember Mr. Sussmann specifically saying that he was acting on behalf of a particular client, but also said Mr. Sussmann had told him he had cyberexperts that had obtained some information that they thought should get into the hands of the F.B.I.
However, Mr. Durhams team is said to have found handwritten notes made by another senior F.B.I. official at the time, whom Mr. Baker briefed about the conversation with Mr. Sussmann, that support the notion that Mr. Sussmann said he was not there on behalf of a client. It is not clear whether such notes would be admissible at trial under the so-called hearsay rule.
A lawyer for Mr. Baker declined to comment.
Mr. Durham has been under pressure to deliver some results from his long-running investigation, which began when then-Attorney General William P. Barr assigned him in 2019 to investigate the Russia inquiry. Out of office and exiled from Twitter, Mr. Trump has issued statements fuming, Wheres Durham?
Go here to read the rest:
Durham Is Said to Seek Indictment of Lawyer at Firm With Democratic Ties - The New York Times
- White House walks back Trumps suggestion of executing Democrats, stands by piggy insult to reporter live - The Guardian - November 20th, 2025 [November 20th, 2025]
- Democrats Finally Realize It Isnt 2016 Anymore - The Atlantic - November 20th, 2025 [November 20th, 2025]
- I was right about the pathetic Democrats. And most Americans agree with me. | Opinion - USA Today - November 20th, 2025 [November 20th, 2025]
- Trump calls Goodlander and other Democrats 'traitors' for urging military to defy 'illegal orders' - New Hampshire Public Radio - November 20th, 2025 [November 20th, 2025]
- Democrats facing ethics complaints for Vail retreat will receive taxpayer-funded legal counsel - The Colorado Sun - November 20th, 2025 [November 20th, 2025]
- This poll number hasnt been so favorable for Democrats since before the last blue wave - PBS - November 20th, 2025 [November 20th, 2025]
- New poll reveals signs of hope for Democrats and red flags for Republicans - PBS - November 20th, 2025 [November 20th, 2025]
- Donald Trump said Democrats call to military amounts to sedition. Experts say thats doubtful - PolitiFact - November 20th, 2025 [November 20th, 2025]
- Poll: Democrats have biggest advantage for control of Congress in 8 years - NPR - November 20th, 2025 [November 20th, 2025]
- In Tennessee, Democrats hope a coalition of the pissed off will flip a red district - The Guardian - November 20th, 2025 [November 20th, 2025]
- Trump accuses Democrats of seditious behavior over video telling military to refuse illegal orders - CBS News - November 20th, 2025 [November 20th, 2025]
- Details on Trump threat aimed at Democrats over video telling military to refuse "illegal orders" - CBS News - November 20th, 2025 [November 20th, 2025]
- Cassidy pushes his Obamacare plan. Democrats arent biting. - Politico - November 20th, 2025 [November 20th, 2025]
- White House responds to condemnation for Trump post accusing Democrats of seditious behavior - CBS News - November 20th, 2025 [November 20th, 2025]
- Trump Says PSA from 6 Democrats Is 'Punishable by Death' and Reposts Call to 'Hang Them' - People.com - November 20th, 2025 [November 20th, 2025]
- Democrats are going to come to regret this: After Epstein vote, Trump ready to attack - Politico - November 20th, 2025 [November 20th, 2025]
- Arizona senator weighs in on what he thinks Democrats should do to win in 2026 - Yahoo - November 20th, 2025 [November 20th, 2025]
- Trump accuses Slotkin, other Democrats of 'seditious behavior, punishable by death' - The Detroit News - November 20th, 2025 [November 20th, 2025]
- Poll: Frustration with Trump gives Democrats an opening a year before the midterms - NBC News - November 3rd, 2025 [November 3rd, 2025]
- Democrats are winning the shutdown politics. Can they stop now? - CNN - November 3rd, 2025 [November 3rd, 2025]
- Trump says government shutdown ends when Democrats give in: "If they don't vote, that's their problem" - CBS News - November 3rd, 2025 [November 3rd, 2025]
- Abigail Spanberger Thinks That Democrats Need to Listen More - The New Yorker - November 3rd, 2025 [November 3rd, 2025]
- 'I don't look at this as politics': Kaine pressed on what Democrats have gained from shutdown - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Sen. Fetterman: 'Democrats really need to own the shutdown. I mean, we're shutting it down' - CNN - November 3rd, 2025 [November 3rd, 2025]
- LEADER JEFFRIES ON CNN: WHY HAS DONALD TRUMP SPENT MORE TIMEON THE GOLF COURSE THAN HE HAS IN TALKING TO DEMOCRATS? Congressman Hakeem Jeffries -... - November 3rd, 2025 [November 3rd, 2025]
- The Super PAC Trying to Free Democrats From the Cult of the Quants - Politico - November 3rd, 2025 [November 3rd, 2025]
- Trump Is the Democrats Best Campaigner - Politico - November 3rd, 2025 [November 3rd, 2025]
- Democrats Running for Governor Stick to a Familiar Theme: Fight Trump - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- As Barack Obama stumps for other Democrats, the party gets to see what it lost - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Democrats must not cave in to Donald Trump - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Briahna Joy Gray: Is Zohran Mamdani the future of the Democrats? - Al Jazeera - November 3rd, 2025 [November 3rd, 2025]
- Democrats should be taking the fight to Trump the problem is, hes got them battling each other | Jonathan Freedland - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Democrats are losing pride in America and thats a problem for BOTH - New York Post - November 3rd, 2025 [November 3rd, 2025]
- The Democrats vision quest is complete They have the white papers to show for it - UnHerd - November 3rd, 2025 [November 3rd, 2025]
- Article | Democrats are searching for their next leader. But they still have Obama. - POLITICO Pro - November 3rd, 2025 [November 3rd, 2025]
- They Dread Trump But Cant Stop Fighting Each Other: Meet the Democrats - The Bulwark - November 3rd, 2025 [November 3rd, 2025]
- White House hopefuls hit the 2025 campaign trail as Democrats try to turn the page - USA Today - November 3rd, 2025 [November 3rd, 2025]
- Democrats are being blamed by their own side for the shutdown. - facebook.com - November 3rd, 2025 [November 3rd, 2025]
- Democrats feared Republican efforts to oust Pa. Supreme Court justices. They spent significantly more on the race - TribLIVE.com - November 3rd, 2025 [November 3rd, 2025]
- Democrats unflinching in shutdown strategy, blaming Trump with millions at risk of losing food aid - CNN - October 28th, 2025 [October 28th, 2025]
- These Two Democrats Were Runaway Favorites. They Havent Sealed the Deal. - The Wall Street Journal - October 28th, 2025 [October 28th, 2025]
- Democrats get aggressive on remapping congressional lines - Politico - October 28th, 2025 [October 28th, 2025]
- Bookman: Democrats have a chance to flip governor's seat in Georgia, with the right candidate - Georgia Recorder - October 28th, 2025 [October 28th, 2025]
- Democrats on the Graham Platner controversy - WHYY - October 28th, 2025 [October 28th, 2025]
- Democrats dig into Army Corps project funding freezes - E&E News by POLITICO - October 28th, 2025 [October 28th, 2025]
- Democrats move forward with new 2028 calendar - Politico - October 28th, 2025 [October 28th, 2025]
- Democrats plan to sue over food aid as GOP splits on legislative patch - Politico - October 28th, 2025 [October 28th, 2025]
- A democratic socialist is poised to become New York mayor. Democrats are nervous. - The Washington Post - October 28th, 2025 [October 28th, 2025]
- Hundreds of People With Top Secret Clearance Exposed by House Democrats Website - WIRED - October 28th, 2025 [October 28th, 2025]
- How Abigail Spanberger and Mikie Sherrill hope to redefine Democrats in Virginia and NJ - USA Today - October 28th, 2025 [October 28th, 2025]
- Democrats Just Lost a Key Ally in the Shutdown Fight - New York Magazine - October 28th, 2025 [October 28th, 2025]
- As Democrats begin to set 2028 primary calendar, NH readies its case to lead off - New Hampshire Public Radio - October 28th, 2025 [October 28th, 2025]
- Top Democrats hit with brutal wake-up call on quest to take on Trump: Better listen - NJ.com - October 28th, 2025 [October 28th, 2025]
- Virginia Democrats are set to join the redistricting war. Their candidate for governor is staying out of it - CNN - October 28th, 2025 [October 28th, 2025]
- AFGE, largest federal workers' union, calls for end to shutdown, putting pressure on Democrats - NBC News - October 28th, 2025 [October 28th, 2025]
- If Democrats want to win, they need to start driving in the middle lane - The Hill - October 28th, 2025 [October 28th, 2025]
- Democrats ACA Subsidy Fight Is Really About Red States - NOTUS News of the United States - October 28th, 2025 [October 28th, 2025]
- Democrats Say Federal Workers Dont Want Them to Cave. Their Union Says Otherwise. - NOTUS News of the United States - October 28th, 2025 [October 28th, 2025]
- Is New Yorks Zohran Mamdani the future of the struggling US Democrats? - South China Morning Post - October 28th, 2025 [October 28th, 2025]
- Congresswoman Escobar, House Democrats Call on Trump Admin to Use SNAP Reserve Funding to Continue November Benefits Without Interruption -... - October 26th, 2025 [October 26th, 2025]
- Democrats can renovate the White House the right way when theyre in power - San Diego Union-Tribune - October 26th, 2025 [October 26th, 2025]
- Democrats Troll Grinch Melania Trump Over East Wing Destruction - Yahoo - October 26th, 2025 [October 26th, 2025]
- The GOP expected Democrats to relent on the shutdown by now. That isn't happening. - NBC News - October 24th, 2025 [October 24th, 2025]
- How Big Tent Are Democrats Willing to Go? - The Atlantic - October 24th, 2025 [October 24th, 2025]
- Opinion | How Can Democrats Win Back the Working Class? - The New York Times - October 24th, 2025 [October 24th, 2025]
- Virginia Democrats aim to redraw maps to help party gain seats in Congress - The Guardian - October 24th, 2025 [October 24th, 2025]
- Democrats Vote to Abandon Active Duty Military Members - Congresswoman Jen Kiggans (.gov) - October 24th, 2025 [October 24th, 2025]
- GOP attempts to squeeze Democrats with vote to pay essential workers, including troops and TSA agents - CNN - October 24th, 2025 [October 24th, 2025]
- Virginia Democrats are the next surprising entrant into the redistricting battle - Politico - October 24th, 2025 [October 24th, 2025]
- Democrats ask Tennessee governor to cover aid for 690,000 imperiled by shutdown - Chattanooga Times Free Press - October 24th, 2025 [October 24th, 2025]
- New Britain Democrats Talk Staffing, Funding and Resources in Run for Board of Ed - CT Examiner - October 24th, 2025 [October 24th, 2025]
- Top Democrats demand details of spy agencies role in boat strikes - The Washington Post - October 24th, 2025 [October 24th, 2025]
- IN THE STATES: With Less Than Two Weeks to Election Day, Democrats Are Fired Up and Ready to Win Across the Board - democrats.org - October 24th, 2025 [October 24th, 2025]
- Gov. Shapiro heading to New Jersey, Virginia to help Democrats running for governor - Pittsburgh Post-Gazette - October 24th, 2025 [October 24th, 2025]
- Ritz on CSPAN: Democrats and Fiscal Policy - Progressive Policy Institute - October 24th, 2025 [October 24th, 2025]
- Democrats Block Federal Worker Pay Bill as Shutdown Drags On - The New York Times - October 24th, 2025 [October 24th, 2025]
- Trump's White House ballroom will be a boon for us. Why are Democrats so triggered? | Opinion - USA Today - October 24th, 2025 [October 24th, 2025]
- Redistricting forces Houston Democrats of color to compete - The Texas Tribune - October 24th, 2025 [October 24th, 2025]
- Brandon McGinley: Democrats will regret trying to oust John Fetterman - Pittsburgh Post-Gazette - October 24th, 2025 [October 24th, 2025]
- Democrats Reckon With Digital Fundraising Tactics Ahead of 2026 - Campaigns & Elections - October 24th, 2025 [October 24th, 2025]