(RoyalPatriot.com )- In a weekend ruling, the Obama-appointed judge presiding over the criminal case against former Hillary Clinton campaign attorney Michael Sussmann said he would not decide whether the Clinton campaign and the DNC collaborated with others to peddle the Russia connection fiction.
On behalf of then-FBI General Counsel James Baker, Sussmann presented Baker with data and “whitepapers” to establish a covert communication network between Donald Trump and the Russian-based Alfa Bank. In reality, Sussmann represented both tech executive Rodney Joffe and the Clinton campaign.
With the trial starting in one week, a rush of applications, called “motions in limine,” seeking pre-trial judgments on evidence admissibility have been filed in the previous month. The court has already decided on numerous points raised by the parties, requiring a trial in several circumstances. In late Saturday’s judgment, presiding Judge Christopher Cooper addressed several of the remaining evidentiary issues.
The court held that the government could not present evidence concerning notes taken by former FBI Assistant Director Bill Priestap and former Deputy General Counsel Trisha Anderson unless they testified about their conversations with Baker. The court ruled that the government had no reasonable basis for claiming that Jofe remained a target of an investigation and thus could not be forced to testify in Sussman’s defense. Under federal rules of evidence, a statement made by a “co-conspirator” of a defendant is admissible even though it is hearsay.
A court must find “by a preponderance of the evidence” that such a conspiracy or joint venture existed. Judge Cooper refused to consider whether such a “joint venture” existed and thus whether emails are admissible.
Without addressing the co-conspirator exemption, Judge Cooper’s approach was superfluous. Durham’s team never suggested the researchers conspired directly with Clinton or intended to sell the Alfa Bank deception to the FBI.
Instead, the joint venture engaged Clinton campaign agents like Fusion GPS in obtaining and sharing harmful material about Trump. Undeniable proof of the joint venture met the preponderance of evidence test. Even if Judge Cooper wasn’t sure about that conclusion, waiting for the trial testimony was procedurally proper, as his previous judgments show.
Cooper’s refusal to examine the co-conspirator exemption to the hearsay rule is a political move, despite how the judge may see himself. The special counsel did not accuse Sussmann of a conspiracy, but a conspiracy need not be charged for the co-conspirator exception to apply.
This case is political as the FBI investigation of Trump and the dishonest press’ reporting on the Russia connection lies.
Undeniably, Hillary Clinton was behind it all, whether the court acknowledges it.