ken starr uploaded report on clinton to internet
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U.s. District Court FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : 5. : Criminal Case No. 21-582 (CRC) : MICHAEL A. SUSSMANN, : : Defendant. : Authorities'South OPPOSITION TO DEFENDANT'South MOTION TO DISMISS THE INDICTMENT
The United states of America, by and through its chaser, Special Counsel John H. Durham, respectfully submits this opposition to the defendant's Motion to Dismiss the Indictment for Failure to State an Offense (Docket No. 39, hereinafter "Def. Mot."). For reasons stated below, the government submits that the motion should be denied.
FACTUAL BACKGROUND
The defendant is charged in a one-count indictment with making a materially false statement to an FBI official, in violation of Title 18, United states of america Code, Department 1001. As set along in the Indictment, on September nineteen, 2022 – less than two months earlier the 2022 U.S. Presidential election – the accused, a lawyer at a large international law firm ("Law Firm-1") that was so serving as counsel to the Clinton Campaign, met with the FBI General Counsel at FBI Headquarters in Washington, D.C. The defendant provided the FBI General Counsel with purported data and "white papers" that allegedly demonstrated a covert communications channel between the Trump Organization and a Russian federation-based bank ("Russian Bank-i"). The Indictment alleges that the defendant lied in that meeting, falsely stating to the General Counsel that he was non providing the
2 allegations to the FBI on behalf of any customer. In fact, the defendant had assembled and conveyed the allegations to the FBI on behalf of at least ii specific clients, including (i) a technology executive ("Tech Executive-one") at a U.S.-based Net company ("Internet Company-1"), and (2) the Clinton Campaign. The defendant's billing records reflect that the defendant repeatedly billed the Clinton Entrada for his piece of work on the Russian Bank-1 allegations. In compiling and disseminating these allegations, the defendant and Tech Executive-1 besides had met and communicated with another law partner at Law Firm-1 who was then serving as General Counsel to the Clinton Campaign ("Campaign Lawyer-1"). The Indictment also alleges that, beginning in approximately July 2016, Tech Executive-one had worked with the defendant, a U.S. investigative firm retained by Law Firm-1 on behalf of the Clinton Campaign, numerous cyber researchers, and employees at multiple Cyberspace companies to get together the purported information and white papers. In connection with these efforts, Tech Executive-1 exploited his access to non-public and/or proprietary Internet data. Tech Executive-1 also enlisted the assistance of researchers at a U.S.-based academy who were receiving and analyzing big amounts of Net data in connection with a awaiting federal authorities cybersecurity research contract. Tech Executive-one tasked these researchers to mine Cyberspace data to establish "an inference" and "narrative" tying then-candidate Trump to Russia. In doing then, Tech Executive-one indicated that he was seeking to please sure "VIPs," referring to individuals at Law Firm-1 and the Clinton Campaign. The Regime'southward bear witness at trial will also plant that among the Internet data Tech Executive-1 and his associates exploited was domain proper name arrangement ("DNS") Net traffic
3 pertaining to (i) a particular healthcare provider, (ii) Trump Tower, (iii) Donald Trump's Primal Park Westward flat building, and (four) the Executive Part of the President of the United states ("EOP"). The Indictment further details that on Feb 9, 2017, the defendant provided an updated fix of allegations – including the Russian Banking concern-i data and additional allegations relating to Trump – to a second bureau of the U.Due south. authorities ("Agency-two"). The Government's prove at trial volition institute that these additional allegations relied, in role, on the purported DNS traffic that Tech Executive-i and others had assembled pertaining to Trump Belfry, Donald Trump's New York Metropolis apartment edifice, the EOP, and the aforementioned healthcare provider. In his coming together with Bureau-2, the defendant provided data which he claimed reflected purportedly suspicious DNS lookups by these entities of internet protocol ("IP") addresses affiliated with a Russian mobile phone provider ("Russian Phone Provider-1"). The accused further claimed that these lookups demonstrated that Trump and/or his associates were using a type of Russian-fabricated wireless phone in the vicinity of the White Firm and other locations. In his meeting with Agency-two employees, the defendant besides fabricated a substantially similar faux statement equally he had made to the FBI General Counsel. In particular, the defendant asserted that he was not representing a item customer in carrying the to a higher place allegations. In truth and in fact, the defendant was standing to represent Tech Executive-1
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– a fact the defendant later best-selling under oath in December 2022 testimony before Congress (without identifying the client past name).
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By February 9, 2017, the Clinton Entrada for all intents and purposes no longer existed.
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Source: https://www.scribd.com/document/563156510/Durham-Filing-Latest
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