Day 3 Sussman Trial

Or Day 2 if you’re not counting the day the jury was selected.

((( #Sussmann trial begins Monday in Washington, D.C., with jury selection underway this morning. The former #Clinton campaign attorney is charged with making a false statement when he conveyed documents to the FBI purporting links between the #Trump Organization and a Russian bank.)))

So far…

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

Fine maintains that she worked exclusively on “Trump-related litigation” in anticipation of lawsuits because of Trump’s penchant for litigation. Said she had no direct involvement in FusionGPS opposition research beyond that capacity. #SussmannTrial

Former FusionGPS technician Laura Seago is now on stand. She works for Open Source Research, owned by Peter Frisch and Glen Simpson, who also owned FusionGPS. #SussmannTrial

Prosecutor Jonathon Algor querying Seago about numerous emails between her and Joffe, Frisch, Berkowitz regarding “opposition research” related to Trump and Alfa Bank. #SussmanTrial

Seago joined FusionGPS’s Peter Frisch and Jake Berkowitz in an August 2016 meeting at Perkins Coie with Clinton campaign general counsel Marc Elias. At some point, Sussmann and “his client” Rodney Joffe showed up. #SussmanTrial

Seago said “my bosses at Fusion” wanted to get an article in the media about the alleged Trump-Alfa Bank links. She went with Frisch, Berkowitz to journalist Franklin Foer’s home to discuss the allegations. He then wrote an article for Slate. #SussmannTrial

Much of the discussion between Algor and Seago relates to who sent who emails and who was CC’d on different emails between August and Oct. 31, 2016. Seago said she was not “personally aware” of any other efforts to contact other journalists other than Foer. #SussmanTrial

Seago said when she met with Foer, she believed the allegations about Trump-Alfa Bank and that this was a “big story.” She said: “I did. I thought it was a matter of national security, that a Russian bank was interfering with our elections.” #SussmannTrial

On the stand now is Marc Elias, #Clinton campaign general counsel beginning in April 2015 and Sussmann’s colleague at Perkins Coie. Long history of working with Democratic campaigns. #SussmannTrial

Algor asking Elias to explain how attorneys bill clients. Long discussion because timesheets are evidence in this case. “Lawyers in private practice, you have to account for every six minutes of time throughout the day,” he said.

On July 29, 2016, Sussmann billed the Clinton campaign through Perkins Coie for 5.3 hours of work on that day, $4,455. He cited work on “a confidential project” that included a 4:30-5 pm meeting with “Elias and others.”

Proceedings have paused until 1:45 pm. Much anticipated Elias testimony thus far delves into the nitty-gritty of lawyer billing and when Sussmann filed various invoices. Elias back on stand this afternoon. #SussmannTrial

Proceedings are set to resume in the #Sussmann Trial with former Clinton campaign general counsel Marc Elias on the stand. This morning, Clinton campaign assistant council Debbie Fine and FusionGPS technician Laura Seago testified. #SussmannTrial

Seago said she was unaware of who, exactly, her firm’s clients were in 2015-16. “I was told we were working for anti-Trump Republicans in the fall of 2015 and somewhere in 2016, it changed to Democrats.” #SussmannTrial

The change in clients coincides with Trump becoming the likely GOP nominee. She didn’t know Perkins Coie’s client was the Clinton campaign. “It could have been a donor, a PAC. I didn’t wonder. I was very busy. I imagine the partners would have known.” #SussmannTrial

On Aug. 29, 2016, she was asked to attend a meeting at Perkins Coie attended by Elias, Peter Frisch, Sussmann and “Mr. Sussmann’s client, Rodney Joffe.” #SussmannTrial

Seago said, “The general purpose was to discuss allegations of communications between the Trump Organization and Alfa Bank.” At the time, she said, she had been researching Trump’s contacts “with Russia” in general.#SussmannTrial

Seago said,: “I became aware of (Trump-Alfa alegations) at that meeting.” She had “not heard anything about it before.” She “did look into that matter. I do recall analyzing allegations of connections” in open public sources on the web. #SussmannTrial

Proceedings have resumed with more of Elias being queried on billing records that show Sussmann toiling on a “confidential project.” July 29, 2016, $4,455 for 5.3 hours, and Aug. 12, 2016, $1,252 for 1.5 hours on “confidential meetings with M. Elias, others.” #SussmannTriaL

Elias said his firm was essentially “in-house” counsel for #Clinton campaign. About “two dozen” Perkins Coie worked on the campaign and the firm was paid $130,000 a month, which included “opposition research,” although Elias said he doesn’t like to call it that. #SussmanTrial

After Tuesday’s deep dive on the intricacies of the Domain Name System (DNS) and Wednesday’s foray into the exciting world of attorney billing practices, not sure the jury — or the media — is awake at the moment. This is thick stuff. #SussmannTrial

Elias said Sussmann told him of the Alfa allegations and he began sharing with people in the Clinton campaign “sometime in the second half of August.” #SussmannTrial

Elias speaking more softly after lunch. Had no problem being heard when discussion was about how lawyers invoice. Testimony now about who got what email when. #SussmannTrial

Algor finishes questioning Elias. About 90 minutes of wading through syrup. Last question was: “Did you have the discretion to direct Fusion?” Answer: “Yes.” #SussmanTrial

Elias said after the Russians hacked the DNC in spring 2016 and before the Democratic convention in late July, the Clinton campaign officials felt they “absolutely were” under attack — and Trump was egging it on. #SussmannTrial

For those keeping score at home: Assistant Special Counsel Andrew DeFilippis was the prosecutor who examined Elias when he took the stand beginning at 11:47 a.m. Elias now being cross-examined by defense attorney Sean Berkowitz. #SussmannTrial

Elias said he did not authorize, encourage Sussmann to go to FBI, allegedly to warn agency about pending article in New York Times. He didn’t think going to the FBI was a good idea because it could have delayed the NYT from publishing the article. #SussmannTrial

“We absolutely were” under attack, Elias said, with publication of Russia-hacked emails. “Rather than do what any decent human would do and condemn it, Donald Trump said, ‘I hope Russia is listening’ and asked them to find 30,000 emails “he said were missing.” #SussmannTrial

Elias was on stand for more than three hours. Following brief break, former FBI general counsel James A. Baker is taking the stand. #SussmanTrial

There was some discord regarding Elias’ testimony and whether it violated some agreement between the parties following Elias’ grand jury testimony when he said under examination, “You got to ask Mre Sussmann.”

Defense attorney Berkowitz asked for Elias to be disqualified. Prosecutor DeFilipis argued that “the government was very careful” to avoid the question that would elicit that response. “It wasn’t the government that prompted that response,” he said. #SussmanTrial

Judge Cooper did not grant that request, but said the defense could make an argument on the matter Thursday. Baker now on stand, discussing background. Unlikely to get into much meat before coming back tomorrow. #SussmanTrial

Proceedings have concluded with Baker on the stand. He will resume testimony again Thursday at 9 a.m. Berkowitz asked if defense should be ready for witnesses or a mistrial discussion regarding Elias’ testimony. “I am not inclined to rule a mistrial,” Cooper said. #SussmannTrial

Baker said he has known Sussmann for years. They worked together in the DOJ and in 2016, “I still considered him a friend and colleague” and that he was working with the DNC “or the Hillary committee” in “connection with cyber matters.” #SussmannTrial

Baker said, “At some point in time in 2016, I learned he was representing the DNC or the Hillary committee, related to cyber incidents that had occurred in the summer of 2016” and “not with political issues.” #SussmanTrial

On Sept. 18, 2016, a Sunday evening, Baker said Sussmann texted his personal phone seeking a meeting. Sussmann wrote: “I have something time-sensitive (and sensitive)” and that he was not seeking a meeting on behalf of clients. “I want to help the bureau, thanks.” #SussmannTrial

Baker said: “I kind of wondered how got my personal phone number but didn’t worry about it. He’s a friend. I trust him. I thought I should meet with him right away.” They met the next day, Monday, Sept. 19, at 2 p.m. in his office.

Sept. 19 Sussmann-Baker meeting is where testimony resumes Thursday. Regarding March 2022 discovery request for text, phone, email records: “The way I thought about it, I’m not out to get Michael. This is not my investigation, this is your, investigation.” #SussmannTrial