BECAUSE IT WAS NEVER TOGETHER?:

[S]ussman's lawyers argued in the new filing that the charge is even less reliable than it initially appeared because other evidence in the Justice Department's possession undermines the case that Sussman lied.

'The indictment centered on a September 2016 meeting between Mr. Sussmann and James A. Baker, who was then the FBI's general counsel," as Savage explained. "Mr. Sussmann relayed analysis by cybersecurity researchers who cited odd internet data they said appeared to reflect some kind of covert communications between computer servers associated with the Trump Organization and Alfa Bank, a Kremlin-linked Russian financial institution."

Savage explained that according to Baker's own interview, it appears that Sussman never claimed he wasn't representing a client while speaking to the FBI:

In July 2019, Mr. Baker was interviewed by the Justice Department's inspector general about the meeting. Mr. Baker stated, according to a two-page transcript excerpt, that Mr. Sussmann had brought him information "that he said related to strange interactions that some number of people that were his clients, who were, he described as I recall it, sort of cybersecurity experts, had found."

The newly disclosed evidence also includes a page of a report Mr. Durham's team made to summarize an interview they conducted with Mr. Baker in June 2020. According to that report, Mr. Baker did not say that Mr. Sussmann told him he was not there on behalf of any client. Rather, he said the issue never came up and he merely assumed Mr. Sussmann was not conveying the Alfa Bank data and analysis for any client.

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