Case against Clinton lawyer in counsel’s probe can proceed

meeting in which he relayed concerns from cybersecurity researchers about a potential secret back channel of communications between servers of the Trump Organization and Russia-based Alfa Bank. The FBI investigated the matter but ultimately found no such suspicious links.

In order to prosecute someone for a false statement, the Justice Department must prove that the statement was not only fictitious but also “material” — that is, capable of influencing a government agency’s decision-making or functions. Sussmann’s lawyers have argued that his ties to the Clinton campaign were already well-known to the FBI, and have rejected the idea that the full disclosure of that relationship could have meaningfully influenced the FBI’s decision to investigate or act on his tip.

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