Both details would help Sussmann defeat a materiality claim at trial, but Cooper can’t take it into account. But it looks all the more intentional given the now-famous delayed waiver motion Durham went through in February. And unlike the attorney-client waiver used in the Paul Manafort case, Durham is not citing independent proof that Sussmann lied to his lawyers. Unlike the waiver with Eastman or with Michael Cohen’s hush payments, Durham is not citing participation in a conspiracy. Update: A motion in limine from Sussmann confirms I was totally right about Durham’s ploy.

Source: Washington Post April 05, 2022 17:58 UTC