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      Ginni Thomas Has a Lot of Explaining to Do

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      Again and again, during the years that Donald Trump was in the White House, liberals would ask themselves a single question: “Can you imagine if Barack Obama had done this?”“This,” of course, was any one of the antics or misdeeds that marked Trump’s time in office: the lies, the insults, the cruelty and the criminality. Imagine if Obama had gone out of his way to excuse the equivalent of a white supremacist mob; imagine if Obama had gone to the site of a natural disaster and tossed out paper towels like so many footballs; imagine if he had railed against “shithole countries” or tried to pressure a foreign leader into turning over information to undermine his political opponents.Imagine what would have happened if Barack Obama had plotted to subvert and overturn a presidential election that he had lost.Republicans would have lost their minds. Having whipped themselves into a lather over fake scandals and manufactured controversies during the actual Obama administration, they would have exploded into paroxysms of partisan rage over any one of these misdeeds. The Benghazi hearings would have looked like a sober-minded investigation compared with what Republicans would have unleashed if the shoe had been on the other foot.The point of this mental exercise, for liberals, was to highlight the hypocrisy of the Republican Party under Trump. Tucked into this attempt to condemn Republican behavior, however, is an important observation about the value of political theater. All this conservative hysteria did not defeat Barack Obama at the ballot box, but it may have helped to put his party at a disadvantage.The main effect of these years of Republican scandal mongering was to produce a cloud of suspicion and mistrust that helped to undermine Obama’s preferred successor as president, as well as to shield Trump, as the 2016 Republican nominee, from the kind of scrutiny that might have made him more vulnerable.Democrats do not need to mimic Republican behavior in all of its deranged glory, but they would do well to heed the lesson that for many voters, where there is smoke, there must be fire.It is with this knowledge in mind that Democrats in Washington should do something about Ginni Thomas, who has just been asked to testify before the House select committee investigating the attack on the Capitol. The reason is straightforward. Thomas, the wife of Supreme Court Justice Clarence Thomas, worked with allies of Donald Trump to try to overturn the 2020 presidential election. (Thomas quickly let it be known that she was looking “forward to talking to” the committee and couldn’t wait “to clear up misconceptions.”)Earlier this year, we learned that Thomas exchanged text messages with Mark Meadows, the White House chief of staff, in the weeks and days before the Jan. 6 attack on the Capitol. We also learned, last month, that she urged Arizona Republicans to discard the results of the election and choose a “clean slate of Electors” for Trump.And we’ve learned this week from the Jan. 6 committee that Thomas also sent messages directly to John Eastman, the conservative lawyer (and former law clerk for Justice Thomas) who essentially devised the plan to try to overturn the 2020 presidential results.Eastman spoke at the “stop the steal” rally before the attack and even requested a pardon by way of Rudy Giuliani for his activities leading up to the insurrection: “I’ve decided that I should be on the pardon list, if that is still in the works.”“Thomas’s efforts to overturn the election were more extensive than previously known,” The Washington Post reported on Wednesday. Eastman, for his part, claimed to have known of a “heated” dispute among the Supreme Court justices over whether to hear arguments about the 2020 election. “So the odds are not based on the legal merits but an assessment of the justices’ spines, and I understand that there is a heated fight underway,” he is said to have written in an email to another lawyer. (On Thursday, Eastman posted a rebuttal on Substack asserting that he’d heard about the “heated fight” from news reports and that he could “categorically confirm that at no time did I discuss with Mrs. Thomas or Justice Thomas any matters pending or likely to come before the Court.”)But if the first revelation, of Thomas’s correspondence with Meadows, was shocking, then these revelations of Thomas’s contact with Eastman are explosive. And it raises key questions, not just about what Ginni Thomas knew, but about what Clarence Thomas knew as well. How, exactly, did Eastman know of tensions on the court? And why did he predict to Greg Jacobs, chief counsel to Vice President Mike Pence, that the Supreme Court would rule 7-2 in support of his legal theory about the Electoral College certification process before conceding that in fact that might not be the case?So while the committee is rightly seeking testimony from Ginni Thomas, Democrats should say something too. They shouldn’t just say something, they should scream something.Not only did Ginni Thomas try to make herself a part of the effort to overthrow the government, but Justice Thomas was the only member of the court to vote in favor of Donald Trump’s attempt to shield his communications from congressional investigators, communications that would have included the messages between Mark Meadows and Ginni Thomas.There is something suspect happening with the Supreme Court, and other constitutional officers have every right to criticize it. Democratic leaders in Congress should begin an investigation into Ginni Thomas’s activities and announce that they intend to speak to her husband as well. President Biden should tell the press that he supports that investigation and hopes to see answers. Rank-and-file Democrats should make a stink about potential corruption on the court whenever they have the opportunity. Impeachment should be on the table.This probably won’t win votes. It could, however, capture the attention of the media and even put Republicans on the defensive. It is true that politics are unpredictable and that there’s no way to say exactly how a given choice will play out in the real world. But if the much maligned (and politically successful) investigations into Benghazi and Hillary Clinton’s emails are any indication, real pressure might turn additional revelations into genuine liabilities for the Republican Party.The easiest thing for Democrats to do, of course, is nothing — to steer away from open conflict and leave the controversy (and the questions) to the select committee. But if Democrats choose instead to act like a political party should, they would do well to remember that if the tables were turned, their opponents would not hesitate to use every argument, and every tool, at their disposal.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Sussmann Acquittal Raises Question: What Is Durham Actually Trying to Do?

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      Supporters of the Trump-era prosecutor are lauding his work as a success in unearthing politically charged information, even though his first case to go to trial ended in failure.WASHINGTON — Even before 12 jurors voted to acquit Michael Sussmann of lying to the F.B.I. in a rebuke of the Trump-era special counsel, John H. Durham, supporters of Donald J. Trump were already laying the groundwork to declare that the prosecutor won despite losing in court.What really mattered, they essentially claimed, was that Mr. Durham had succeeded in exposing how Hillary Clinton framed Mr. Trump for the “Russia collusion hoax,” an argument that ricocheted across the right-wing news media.Indeed, Mr. Durham did show that associates of the 2016 Clinton campaign — a victim of Russian hacking — wanted reporters to write about the allegations that played a role in the case, an obscure theory about the possibility of a covert communications channel between Mr. Trump and Russia. But most news outlets were skeptical, and the F.B.I. swiftly discounted the matter.Still, that Mr. Durham’s cheerleaders have embraced this explanation for Mr. Durham’s actions is striking. Stephen Gillers, a New York University professor of legal ethics, said the case was “incredibly weak” and he doubted a prosecutor pursuing normal law enforcement goals would have brought it.“The case wasn’t a nothing-burger, but it was very thin, and it’s hard to understand why it was brought other than to support Trump’s allegation that the Clinton campaign falsely alleged a Trump-Russia connection,” he said. “That motive is unacceptable. The government’s only legitimate goal in bringing this case was conviction.”A spokesman for Mr. Durham did not respond to a request for comment. But in a pretrial filing in the Sussmann case in April, the Durham team denied any suggestion it was “a political actor when, in fact, nothing could be further from the truth.”When Attorney General William P. Barr assigned Mr. Durham in May 2019 to investigate the Russia investigation, he did not have a reputation for pursuing iffy cases or for using law enforcement power to publicize politically fraught information.A longtime career prosecutor before becoming a United States attorney under Mr. Trump, Mr. Durham was best known for investigating the C.I.A.’s post-Sept. 11 torture of detainees. He had brought no charges, then fought a Freedom of Information Act lawsuit to avoid disclosing his findings and witness interview records.Mr. Barr’s assignment was likely to be the last major act in Mr. Durham’s career. It portended difficulties.For starters, he appeared largely redundant: Michael E. Horowitz, the Justice Department’s independent inspector general, was already scrutinizing the origins of the investigation into possible ties between Mr. Trump’s campaign and Russia.Mr. Durham seemed to begin by searching for signs of political bias among F.B.I. officials Mr. Horowitz had already scrutinized and by hunting for wrongdoing among intelligence agencies outside Mr. Horowitz’s jurisdiction. No charges resulted.In December 2019, Mr. Horowitz issued his report uncovering serious flaws with certain wiretap applications but debunking Trump supporters’ baseless theory that the overall investigation was a “deep state” conspiracy. The F.B.I. officials had sufficient legal basis to open it, he found.In a break with his earlier silence toward his investigative work, Mr. Durham issued a statement disagreeing that there was an adequate basis for the investigation and suggesting that he had access to more information. He has yet to disclose what that is.Mr. Horowitz also uncovered that an F.B.I. lawyer had doctored an email used in preparation for wiretap applications, referring the matter for prosecution. While Mr. Durham’s team had not developed the case, it negotiated a plea agreement that resulted in no prison time. That is its only conviction to date.Mr. Trump and his supporters expressed frustration that Mr. Durham failed to charge any deep state conspiracy before the 2020 election.But Mr. Durham’s reputation with Trump supporters began to reverse course last fall, when he charged Mr. Sussmann in connection with telling the F.B.I. about the suspected covert communications channel, involving a server for Russia’s Alfa Bank.Soon after, he indicted a researcher for the Steele dossier — a discredited compendium of rumors about Trump-Russia links compiled for an opposition research firm funded by Democrats — for lying to the F.B.I. about some sources.John H. Durham’s court filings have become fodder for the conservative news media.Samuel Corum for The New York TimesIn both cases, Mr. Durham festooned the narrow charges with copious information, heavy with insinuations that there had been a conspiracy to trick people into thinking Mr. Trump colluded with Russia — not by “deep state” officials, but by associates of Mrs. Clinton’s 2016 campaign.This narrative was not the original hope of Trump supporters, but has nevertheless provided them with new material to continue relitigating the events of 2016 and the Russia investigation.Mr. Durham’s court filings have become fodder for the conservative news media to express outrage about purported wrongdoing to Mr. Trump, typically conflating the Alfa Bank and Steele dossier matters with the official investigation.When Mrs. Clinton’s campaign manager, Robby Mook, testified at the trial that she approved efforts to get reporters to write about Alfa Bank, The Wall Street Journal ran an editorial headlined “Hillary Clinton Did It,” subtitled “Her 2016 campaign manager says she approved a plan to plant a false Russia claim with a reporter.”The piece offered no basis for implying that Mrs. Clinton believed the allegations were false. It also inaccurately stated the campaign had “created” the allegations, and made no mention of the most important news if the charge was what mattered: The campaign neither authorized nor wanted Mr. Sussmann to go to the F.B.I., he testified, undermining Mr. Durham’s narrative that Mr. Sussmann represented the campaign at a key meeting.Some of the most explosive Durham filings themselves have proved to be misleading or tangential to the case.The indictment of Mr. Sussmann selectively quoted from emails among the researchers who developed the Alfa Bank suspicions, fostering an impression that they did not believe their own analysis. But the full emails included passages in which the researchers expressed enthusiastic belief in their final handiwork.Moreover, the material seemed extraneous to a mere false-statement indictment because Mr. Sussmann was not part of those conversations. Indeed, the judge ruled nearly all that evidence inadmissible at the trial.In a pretrial filing in February, prosecutors added a few ambiguous sentences about separate concerns the researchers developed regarding data suggesting that Russian smartphones had been connecting to sensitive networks, including Trump Tower and the White House.Singling those out, the conservative news media erupted in a furor, inaccurately informing readers that Mr. Durham had evidence that the Clinton campaign paid to spy on the network of the Trump White House.Mr. Durham’s filing had not actually said that. The campaign did not pay the cybersecurity researchers, and the White House network data they had sifted for signs of possible Russian infiltration came from Barack Obama’s presidency. Mr. Durham disavowed responsibility for “misinterpreted facts.”Whatever his motives, Mr. Durham’s investigation has demonstrably functioned as a kind of fun-house mirror image of aspects of the work of Robert S. Mueller III, the special counsel in the Russia investigation.Some liberal commentators once seemed to routinely suggest that developments in Mr. Mueller’s investigation meant the walls were closing in on Mr. Trump. But while Mr. Mueller’s March 2019 report detailed “numerous links between the Russian government and the Trump campaign,” he charged no Trump associate with conspiring with Russia.Similarly, pro-Trump commentators have repeatedly stoked expectations that Mr. Durham would soon charge some of Mr. Trump’s perceived enemies with a conspiracy to do him wrong. But after more than three years, he has offered only insinuations.There are limits to any equivalence. The F.B.I., as Mr. Horowitz indicated, had a sound factual basis to open the Russia investigation; Mr. Barr’s mandate to Mr. Durham appears to have been to investigate a series of conspiracy theories.Mr. Mueller’s team also charged or obtained guilty pleas from about three dozen people and companies and wrote a lengthy report in less time than Mr. Durham has taken to develop only two indicted cases, the first of which just ended in failure. After the verdict on Tuesday, the jury forewoman told reporters the case should not have been prosecuted.But on the night of the acquittal, Sean Hannity of Fox News said Mr. Sussmann was “just a small player in this whole case,” and dismissed the verdict as nothing more than political bias among a jury pool drawn from a heavily Democratic district.The trial, he assured his millions of viewers, was just a “preview of coming attractions.” More

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      Michael Sussmann Is Acquitted in Case Brought by Trump-Era Prosecutor

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      The Democratic-linked lawyer was accused of lying to the F.B.I. about his clients when he passed on a tip about possible connections between Donald J. Trump and Russia.WASHINGTON — Michael Sussmann, a prominent cybersecurity lawyer with ties to Hillary Clinton’s presidential campaign, was acquitted on Tuesday of lying to the F.B.I. in 2016 when he shared a tip about possible connections between Donald J. Trump and Russia.The verdict was a significant blow to the special counsel, John H. Durham, who was appointed by the Trump administration three years ago to scour the Trump-Russia investigation for any wrongdoing.But Mr. Durham has yet to fulfill expectations from Mr. Trump and his supporters that he would uncover and prosecute a “deep state” conspiracy against the former president. Instead, he has developed only two cases that led to charges: the one against Mr. Sussmann and another against a researcher for the so-called Steele dossier, whose trial is set for later this year.Both consist of simple charges of making false statements, rather than a more sweeping charge like conspiracy to defraud the government. And both involve thin or dubious allegations about Mr. Trump’s purported ties to Russia that were put forward not by government officials, but by outside investigators.The case against Mr. Sussmann centered on odd internet data that cybersecurity researchers discovered in 2016 after it became public that Russia had hacked Democrats and Mr. Trump had encouraged the country to target Mrs. Clinton’s emails.The researchers said the data might reflect a covert communications channel using servers for the Trump Organization and Alfa Bank, which has ties to the Kremlin. The F.B.I. briefly looked at the suspicions and dismissed them.On Sept. 19, 2016, Mr. Sussmann brought those suspicions to a senior F.B.I. official. In charging Mr. Sussmann with a felony, prosecutors contended that he falsely told the official that he was not there on behalf of any client, concealing that he was working for both Mrs. Clinton’s campaign and a technology executive who had given him the tip.Mr. Durham and prosecutors used court filings and trial testimony to describe how Mr. Sussmann, while working for a Democratic-linked law firm and logging his time to the Clinton campaign, had been trying to get reporters to write about the Alfa Bank suspicions.But trying to persuade reporters to write about such suspicions is not a crime. Mr. Sussmann’s guilt or innocence turned on a narrow issue: whether he made a false statement to the senior F.B.I. official at the 2016 meeting by saying he was sharing those suspicions on his own.Mr. Durham used the Sussmann case to put forward a larger conspiracy: that there was a joint enterprise to essentially frame Mr. Trump for collusion with Russia by getting the F.B.I. to investigate the suspicions so reporters would write about it. The scheme, Mr. Durham implied, involved the Clinton campaign; its opposition research firm, Fusion GPS; Mr. Sussmann; and the cybersecurity expert who had brought the odd data and analysis to him.That insinuation thrilled Mr. Trump’s supporters, who have embraced his claim that the Russia investigation was a “hoax” and have sought to conflate the official inquiry with sometimes dubious accusations. In reality, the Alfa Bank matter was a sideshow: The F.B.I. had already opened its inquiry on other grounds before Mr. Sussmann passed on the tip; the final report by the special counsel, Robert S. Mueller III, made no mention of the Alfa Bank suspicions.But the case Mr. Durham and his team used to float their broad insinuations was thin: one count of making a false statement in a meeting with no other witnesses. In a rebuke to Mr. Durham; the lead lawyer on the trial team, Andrew DeFilippis; and his colleagues, the 12 jurors voted unanimously to find Mr. Sussmann not guilty.Some supporters of Mr. Trump had been bracing for that outcome. They pointed to the District of Columbia’s reputation as a heavily Democratic area and suggested that a jury might be politically biased against a Trump-era prosecutor trying to convict a defendant who was working for the Clinton campaign.The judge had told the jurors that they were not to account for their political views when deciding the facts. The jury forewoman, who did not give her name, told reporters afterward that “politics were not a factor” and that she thought bringing the case had been unwise.Mr. Durham expressed disappointment in the verdict but said he respected the decision by the jury, which deliberated for about six hours.“I also want to recognize and thank the investigators and the prosecution team for their dedicated efforts in seeking truth and justice in this case,” he said in a statement.Outside the courthouse, Mr. Sussmann read a brief statement to reporters, praising the jury, his defense team and those who supported him during what had been a difficult year.“I told the truth to the F.B.I., and the jury clearly recognized that with their unanimous verdict today,” he said, adding, “Despite being falsely accused, I am relieved that justice ultimately prevailed in this case.”During the trial, the defense had argued that Mr. Sussmann brought the matter to the F.B.I. only when he thought The New York Times was on the verge of writing an article about the matter, so that the bureau would not be caught flat-footed.Officials for the Clinton campaign testified that they had not told or authorized Mr. Sussmann to go to the F.B.I. Doing so was against their interests because they did not trust the bureau, and it could slow down the publication of any article, they said.James Baker, as the F.B.I.’s general counsel in 2016, met with Mr. Sussmann that September. Mr. Baker testified that he had asked Eric Lichtblau, then a reporter at The Times working on the Alfa Bank matter, to slow down so the bureau could have time to investigate it.Mr. Sussmann’s defense team offered the jurors many potential paths to acquittal, contending that the prosecution had yet to prove multiple necessary elements beyond a reasonable doubt.His lawyers attacked as doubtful whether Mr. Sussmann actually uttered the words that he had no client at his meeting with the F.B.I. in September.That issue was complicated after a text message came to light in which Mr. Sussmann, arranging for the meeting a day earlier, indicated that he was reaching out on his own. But it was what, if anything, he said at the meeting itself that was at issue.Mr. Baker testified that he was “100 percent” certain that Mr. Sussmann repeated those words to his face. But defense lawyers pointed out that he had recalled the meeting differently on many other occasions.The defense team also argued that Mr. Sussmann was in fact not there on behalf of any client, even though he had clients with an interest in the topic. And they questioned whether it mattered, since the F.B.I. knew he represented the Democratic National Committee and the Clinton campaign on other issues, and agents would have investigated the allegations regardless.Midmorning, the jury asked to see a trial exhibit meant to bolster the defense’s argument that Mr. Sussmann did not consider himself to be representing the Clinton campaign. It was a record of taxi rides Mr. Sussmann expensed for the Sept. 19 meeting at F.B.I. headquarters.He logged those rides to the firm rather than to the Clinton campaign or to the technology executive, Rodney Joffe, who had worked with the data scientists who developed the suspicions and brought them to Mr. Sussmann. Prosecutors asserted that Mr. Joffe was his other hidden client in the meeting.During the trial, prosecutors had made much of how Mr. Sussmann logged extensive hours on the Alfa Bank matter to the Clinton campaign in law firm billing records — including phone calls and meetings with reporters and with his partner at the time, Marc Elias, the general counsel of the Clinton campaign.Defense lawyers acknowledged that the Clinton campaign had been Mr. Sussmann’s client for the purpose of trying to persuade reporters to write about the matter, but argued that he was not working for anyone when he brought the same materials to the F.B.I.In a statement, Sean Berkowitz and Michael Bosworth, two of Mr. Sussmann’s defense lawyers, criticized Mr. Durham for bringing the indictment.“Michael Sussmann should never have been charged in the first place,” they said. “This is a case of extraordinary prosecutorial overreach. And we believe that today’s verdict sends an unmistakable message to anyone who cares to listen: Politics is no substitute for evidence, and politics has no place in our system of justice.” More

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      Prosecutors and Defense Duel in Closing Arguments of Sussmann Trial

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      A verdict is expected as early as Tuesday in the case brought by a Trump-era special counsel against a lawyer with ties to Hillary Clinton’s 2016 presidential campaign.WASHINGTON — Prosecutors and a defense lawyer put forward starkly opposing views on Friday in closing arguments for the politically charged trial of Michael Sussmann, a cybersecurity lawyer with ties to Hillary Clinton’s 2016 presidential campaign.The case against Mr. Sussmann involves a narrow charge — an accusation of lying to the F.B.I. in a 2016 meeting — but is freighted with partisan overtones. It is also a test of the special counsel who brought it, John H. Durham, because it is his first case to go to trial since he was appointed three years ago to scour the Trump-Russia investigation for any wrongdoing.Two prosecutors told a jury that there was no doubt that Mr. Sussmann had lied to the F.B.I. to conceal his clients — including the Clinton campaign — at the September 2016 meeting, which focused on suspicious data that cybersecurity experts said suggested the possibility of a covert communications channel between Russia and someone close to Donald J. Trump.“It wasn’t about national security,” said one of the prosecutors, Jonathan Algor. “It was about promoting opposition research against the opposition candidate — Donald Trump.”But a defense lawyer, Sean M. Berkowitz, portrayed the case as riddled with uncertainties — including about what Mr. Sussmann actually said, whether it was false and whether it mattered if he was there on behalf of clients since the F.B.I. would have investigated the tip regardless. Each was a path to find reasonable doubt and vote to acquit, he said.“Mr. Sussmann’s liberty is at stake,” he said. “The time for political conspiracy theories is over. The time to talk about the evidence is now.”A verdict is expected as early as Tuesday.The case centers on odd internet data that cybersecurity researchers discovered in 2016 after it became public that Russia had hacked Democrats and Mr. Trump encouraged the country to hack Mrs. Clinton’s emails. The researchers said the data might reflect a covert communications channel using servers for the Trump Organization and Alfa Bank, a Kremlin-linked bank.The researchers began working with Rodney Joffe, a technology executive who was an expert in the type of internet data they were scrutinizing. Mr. Joffe brought the suspicions to Mr. Sussmann, who at the time represented the Democratic National Committee on matters related to Russia’s hacking of its emails. A partner at Mr. Sussmann’s law firm, Marc Elias, was the Clinton campaign’s general counsel.Mr. Sussmann and Mr. Joffe tried to get reporters — including Eric Lichtblau, then of The New York Times — to write about the matter, arguments in the trial showed. Mr. Sussmann continued to inform Mr. Elias about those efforts and discussed the matter with an opposition research firm the Clinton campaign had hired through Mr. Elias called Fusion GPS; the firm drafted a paper about Alfa Bank’s Kremlin ties that Mr. Sussmann later gave the F.B.I.Mr. Sussmann logged those efforts in law firm billing records as time spent working for the Clinton campaign, Mr. Durham discovered.On Sept. 18, 2016, soon after receiving an email claiming that Mr. Trump was upset about a Russia-related article that was soon to be published, Mr. Sussmann texted James A. Baker, the F.B.I.’s general counsel, and asked for a meeting the next day. He indicated that he was coming not on behalf of any client, but to help the F.B.I.The case is John H. Durham’s first to go to trial since he was appointed three years ago to scour the Trump-Russia investigation for any wrongdoing.Julia Nikhinson/ReutersMr. Durham’s team has accused Mr. Sussmann of making the same claim when he met the next day with Mr. Baker. In reality, prosecutors argue, Mr. Sussmann was concealing two of his clients — Mr. Joffe and the Clinton campaign.Mr. Algor told the jury on Friday that the effort was a conspiracy to engineer an “October surprise,” meaning a game-changing revelation late in a campaign, by getting the F.B.I. to open an investigation so reporters would write about it.The F.B.I. — which had already opened its investigation scrutinizing possible ties between associates of Mr. Trump and Russia on other grounds — briefly looked at the Alfa Bank suspicions and quickly dismissed them.In late October, Slate published an article about the matter, but it did not mention any F.B.I. investigation. That same day, The Times published an article co-written by Mr. Lichtblau that mentioned the Alfa Bank suspicions but reported that the F.B.I. had so far found no conclusive or direct link between Mr. Trump and the Russian government.The closing arguments focused on whether Mr. Sussmann repeated what he had said in his text message to Mr. Baker at their meeting the next day — a crucial technicality, because he is charged only for what he purportedly said at the meeting itself.Mr. Algor and another prosecutor, Andrew DeFilippis, told the jury that the evidence left no doubt that Mr. Sussmann repeated to Mr. Baker’s face that he was not there on behalf of any client.But Mr. Berkowitz pointed to Mr. Baker’s varying recollections of that meeting. And he noted that Mr. Durham had been investigating Mr. Baker for an unrelated offense but did not charge him, insinuating that the witness had an incentive to remember what the prosecutor wanted to hear: “It’s no wonder he delivered on the stand.”The F.B.I. headquarters in Washington. Two prosecutors told a jury that there was no doubt that Mr. Sussmann had lied to the bureau.Stefani Reynolds for The New York TimesMr. Berkowitz also argued that it was true that Mr. Sussmann was not there on behalf of any client. While Mr. Sussmann had two clients with an interest in Alfa Bank, the defense lawyer said, Mr. Sussmann was not advocating that the F.B.I. take some step on their behalf — or any step at all.Countering that idea, prosecutors emphasized that on Sept. 13, Mr. Sussmann purchased thumb drives at Staples that he later expensed to the Clinton campaign; at the Sept. 19 meeting, he gave thumb drives to the F.B.I. Mr. DeFilippis called that “damning evidence.”Mr. Berkowitz mocked that evidence — a Staples receipt, he noted — saying it was a time when Mr. Sussmann was doing all kinds of work for the campaign. He also emphasized that Mr. Sussmann had not expensed to the campaign his taxi rides for the F.B.I. meeting, nor had he logged an “F.B.I. meeting” in billing records, as was his practice for such meetings.And Mr. Berkowitz cited testimony by Mr. Elias and Mrs. Clinton’s campaign manager, Robby Mook, that they did not direct or authorize Mr. Sussmann to go to the F.B.I. and did not see that step as in the interest of the campaign. They testified that they had just wanted The Times to publish an article; Mr. Baker testified that the F.B.I. asked Mr. Lichtblau to hold off on publishing anything so it could investigate first. More

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      Defense Team for Democratic-Linked Lawyer Won’t Call Ex-Times Reporter to Testify

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      Lawyers had argued that the reporter, Eric Lichtblau, should testify about his communications with their client, Michael Sussmann, who is accused of lying to the F.B.I.WASHINGTON — The defense team for Michael Sussmann, a lawyer with ties to Hillary Clinton’s presidential campaign, has dropped its plans to call a former New York Times reporter to testify in a trial that centers on Mr. Sussmann’s motives in meeting with the F.B.I. in 2016.Testimony in the case has underlined the role the news media played during the bare-knuckle fight between Mrs. Clinton and Donald J. Trump in the 2016 presidential election, particularly as suspicions about Mr. Trump’s possible ties to Russia grew.Mr. Sussmann’s lawyers had argued that the former Times reporter, Eric Lichtblau, should testify about his communications with Mr. Sussmann over odd internet data that cybersecurity researchers said could be covert communications between the Trump Organization and Alfa Bank, a Kremlin-affiliated bank.A special counsel, John H. Durham, has accused Mr. Sussmann of lying to the F.B.I. about his reason for meeting with a top bureau official at the time, James Baker, to convey that information, by saying he was not there on behalf of any client. Prosecutors contend he was in fact representing the Clinton campaign and a technology executive who worked with the researchers.Defense lawyers have argued that Mr. Sussmann represented the campaign in efforts to get reporters to write articles about the Alfa Bank suspicions, but not when he approached the F.B.I. about the data and his belief that a news article about it would soon be published.In his testimony last week, Mr. Baker said that the prospect of an imminent article led him to fear that the F.B.I. would not have time to investigate the possibility of a secret channel before the participants read the news and shut it down. But a week later, when he asked Mr. Lichtblau to delay, he said the reporter indicated that an article was not yet ready to publish.The Times published an article that mentioned the Alfa Bank matter about six weeks later, but it said the F.B.I. “ultimately concluded that there could be an innocuous explanation.”Prosecutors have insinuated that Mr. Sussmann sought to prompt an F.B.I. investigation so reporters would write articles about it, while defense lawyers have argued that he went to the bureau only when he believed an article was imminent.“The defense’s theory is that the story was going to come out, or was likely to come out, or was close to coming out; and Mr. Sussmann wanted to give a heads-up,” Sean Berkowitz, Mr. Sussmann’s lawyer, told the court on Monday.Mr. Lichtblau’s testimony could have shed light on what he told Mr. Sussmann regarding how soon an article might be published before he sought the F.B.I. meeting.Mr. Lichtblau apparently consented to testify as a defense witness about the narrow topic of his interactions with Mr. Sussmann. But a dispute arose over whether prosecutors could ask him about other sources during cross-examination.Late Tuesday, Mr. Sussman’s defense team withdrew its subpoena for Mr. Lichtblau’s testimony without stating a reason. A lawyer for Mr. Lichtblau declined to comment.The Sussmann trial, which began on May 16, is the first case to be developed by Mr. Durham, a special counsel appointed during the Trump administration by Attorney General William P. Barr to examine the origins of the F.B.I.’s investigation into ties between Mr. Trump and Russia.But the Alfa Bank matter was tangential to the official investigation. Trial testimony has shown that F.B.I. agents swiftly dismissed the suspicions as implausible.Mr. Durham’s prosecutors have accused Mr. Sussmann of trying to persuade the F.B.I. to investigate Mr. Trump over his ties with Russia, to facilitate negative coverage about Mrs. Clinton’s rival and disseminate unsubstantiated claims before the election.At the trial on Wednesday, prosecutors wrapped up their case by introducing a stack of written documents, including records from Mr. Sussmann’s law firm that showed he billed many hours on the Alfa Bank matter to the Clinton campaign.Defense lawyers sought to raise doubts. They emphasized that Mr. Sussmann’s billing of several hours on apparent Alfa Bank matters the day of the F.B.I. meeting did not mention the F.B.I. or a meeting, as was his habit for other such meetings. They also pointed out that he when he expensed taxis for the meeting, he charged them to the firm, not any client. More

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      America’s Doug Mastriano Problem

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      If the Ohio Senate primary two weeks ago provided some clarity about the ideological divisions in the Republican Party, Tuesday’s primaries often seemed more like a showcase for the distinctive personalities that populate a Trumpified G.O.P.The Pennsylvania Senate race gave us an especially vivid mix: As of this writing, the Celebrity Doctor and the Hedge Fund Guy Pretending to Be a MAGA True Believer may be headed for a recount, after the Would-Be Media Personality With the Inspiring Back Story and the Unfortunate Twitter Feed faded back into the pack. In the governor’s race, Republican voters chose to nominate Doug Mastriano, a.k.a. the QAnon Dad. In North Carolina, they ended — for now — the political career of Representative Madison Cawthorn, the Obviously Suffering Grifter.On substance, as opposed to personality, though, the night’s stakes were relatively simple: Can Republicans prevent their party from becoming the party of constitutional crisis, with leaders tacitly committed to turning the next close presidential election into a legal-judicial-political train wreck?This is a distinctive version of a familiar political problem. Whenever a destabilizing populist rebellion is unleashed inside a democratic polity, there are generally two ways to bring back stability without some kind of crisis or rupture in the system.Sometimes the revolt can be quarantined within a minority coalition and defeated by a majority. This was the destiny, for instance, of William Jennings Bryan’s 1890s prairie-populist rebellion, which took over the Democratic Party but went down to multiple presidential defeats at the hands of the more establishmentarian Republicans. You can see a similar pattern, for now, in French politics, where the populism of Marine Le Pen keeps getting isolated and defeated by the widely disliked but grudgingly tolerated centrism of Emmanuel Macron.In the alternative path to stability, the party being reshaped by populism finds leaders who can absorb its energies, channel its grievances and claim its mantle — but also defeat or suppress its most extreme manifestations. This was arguably the path of New Deal liberalism in its relationship to Depression-era populism and radicalism: In the 1930s, Franklin Roosevelt was able to sustain support from voters who were also drawn to more demagogic characters, from Huey Long to Charles Coughlin. Two generations later, it was the path of Reaganite conservatism in its relationship to both George Wallace’s populism and the Goldwaterite New Right.The problem for America today is that neither stabilizing strategy is going particularly well. Part of the Never Trump movement has aspired to a Macron-style strategy, preaching establishment unity behind the Democratic Party. But the Democrats haven’t cooperated: They conspicuously failed to contain and defeat Trumpism in 2016, and there is no sign that the Biden-era variation on the party is equipped to hold on to the majority it won in 2020.Meanwhile, the Republican Party at the moment does have a provisional model for channeling but also restraining populism. Essentially it involves leaning into culture-war controversy and rhetorical pugilism to a degree that provokes constant liberal outrage and using that outrage to reassure populist voters that you’re on their side and they don’t need to throw you over for a conspiracy theorist or Jan. 6 marcher.This is the model, in different styles and contexts, of Glenn Youngkin and Ron DeSantis. In Tuesday’s primaries it worked for Idaho’s conservative incumbent governor, Brad Little, who easily defeated his own lieutenant governor’s much-further-right campaign. Next week the same approach seems likely to help Brian Kemp defeat David Perdue for the governor’s nomination in Georgia. And it offers the party’s only chance, most likely via a DeSantis candidacy, to defeat Donald Trump in 2024.Unfortunately this model works best when you have a trusted figure, a known quantity, delivering the “I’ll be your warrior, I’ll defeat the left” message. The Cawthorn race, in which the toxic congressman was unseated by a member of the North Carolina State Senate, shows that this figure doesn’t have to be an incumbent to succeed, especially if other statewide leaders provide unified support. But if you have neither unity nor a figure with statewide prominence or incumbency as your champion — no Kemp, no Little — then you can get results like Mastriano’s victory last night in Pennsylvania: a Republican nominee for governor who cannot be trusted to carry out his constitutional duties should the presidential election be close in 2024.So now the obligation returns to the Democrats. Mastriano certainly deserves to lose the general election, and probably he will. But throughout the whole Trumpian experience, the Democratic Party has consistently failed its own tests of responsibility: It has talked constantly about the threat to democracy while moving leftward to a degree that makes it difficult to impossible to hold the center, and it has repeatedly cheered on unfit Republican candidates on the theory that they will be easier to beat.This happened conspicuously with Trump himself, and more unforgivably it happened again with Mastriano: Pennsylvania Democrats sent out mailers boosting his candidacy and ran a big ad buy, more than twice Mastriano’s own TV spending, calling him “one of Donald Trump’s strongest supporters” — an “attack” line perfectly scripted to improve his primary support.Now they have him, as they had Trump in 2016. We’ll see if they can make the story end differently this time.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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      Prosecutors Add Details to Foreign Lobbying Charges Against Trump Ally

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      In an updated indictment, the Justice Department said Thomas Barrack sought money from the United Arab Emirates for an investment fund that would boost the Trump administration’s agenda.Thomas J. Barrack Jr., a businessman and longtime friend who acted as an informal adviser to former President Donald J. Trump, sought money from the United Arab Emirates in early 2017 for an investment fund that would seek both to boost Mr. Trump’s agenda and to benefit from his policies, federal prosecutors said in a court filing on Tuesday.Prosecutors cited the effort in a superseding indictment in a case in which they charged Mr. Barrack last July with acting as an unregistered agent for the United Arab Emirates, conspiring with the Emiratis to influence the Trump campaign and the White House, and lying to investigators.While the proposed fund’s “primary purpose” would be earning profits, it would “accomplish a secondary mandate to garner political credibility for its contributions to the policies” of the Trump administration, a top aide to Mr. Barrack wrote in the weeks after Mr. Trump’s election in November 2016 in a plan for the “U.A.E. Fund” quoted in the prosecutors’ filing. The fund would make money by “sourcing, financing, operationally improving and harvesting assets” in industries that would “benefit the most” from the Trump presidency, the plan said.The new indictment cited the proposed fund as evidence that Mr. Barrack sought to profit from his advocacy for the Emiratis with Mr. Trump and his circle. The indictment quoted emails and text messages from April 2017 stating that while traveling in the Middle East, Mr. Barrack could “pitch” the idea in a meeting with Sheikh Mohammed bin Zayed, the Emirati ruler, whose title then was the crown prince of Abu Dhabi.There is no evidence that the proposed pro-Trump venture ever materialized or that Mr. Barrack had the meeting with the crown prince. But the indictment noted that in the following months, Emirati sovereign wealth funds invested a total of $374 million in two deals sponsored by the giant real estate company Mr. Barrack led, now known as DigitalBridge Group and formerly known as Colony Capital.Alongside several other major funds, the Emiratis invested about $74 million in a deal to buy a Los Angeles office building and also invested about $300 million in an investment fund targeting digital communications infrastructure. The indictment noted that Mr. Barrack’s company had not raised any new capital from the United Arab Emirates in the seven years before Mr. Trump’s election, and that internal company records attributed the $300 million investment in the digital fund to “Barrack magic.”Through a spokesman, Mr. Barrack declined to comment. Lawyers for Mr. Barrack are expected to argue that the Emiratis invested in those deals on their financial merits and on the same terms as other big investors, not as payments for influence. Although he was a close friend, major fund-raiser and informal adviser to Mr. Trump, Mr. Barrack stayed in private business, where he was not subjected to government ethics rules, and he has relied heavily on Persian Gulf investors throughout his career.The new indictment included new details about what prosecutors portrayed as Mr. Barrack’s efforts under the direction of the Emirati ruler and his lieutenants to try to influence the Trump campaign and administration.In May 2016, during the presidential campaign, Mr. Barrack sent the Emiratis a copy of a speech that he said he had personally drafted for Mr. Trump and that praised Sheikh Mohammed by name.“They loved it so much! This is great,” responded an Emirati intermediary, Rashid al-Malik, who was indicted along with Mr. Barrack but has remained outside the United States.As the speech was revised, Mr. Barrack worked closely with campaign officials to ensure the remarks retained a favorable if less explicit reference to Persian Gulf allies. The Trump campaign manager, Paul Manafort, an old friend whom Mr. Barrack had recommended for the job, asked him in an email for “an insert that works for our friends” — referring to the Emiratis — and afterward a senior Emirati official gratefully emailed Mr. Barrack that “everybody here are very happy with the results.”During the Republican convention, the updated indictment said, Mr. Barrack again worked with Mr. Manafort to tailor certain passages of the Republican platform according to Emirati input. “Can be much more expansive than what we did in the speech,” Mr. Manafort wrote in an email to Mr. Barrack, “based on what you hear from your friends.”In November 2016, during the transition, Mr. Barrack then worked with several senior Emirati officials to arrange a phone call with President-elect Trump for Sheikh Mohammed, the indictment said. “It’s done, great call,” Mr. Malik wrote in thanks to Mr. Barrack’s aide.The Trump InvestigationsCard 1 of 8Numerous inquiries. More

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      Trump-Era Prosecutor’s Case Against Democratic-Linked Lawyer Goes to Trial

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      The first case developed by the special counsel, John Durham, involves a lawyer who is accused of lying when he shared a tip with the F.B.I. about possible links between Donald J. Trump and Russia.WASHINGTON — When the Trump administration assigned a prosecutor in 2019 to scour the Russia investigation for any wrongdoing, President Donald J. Trump stoked expectations among his supporters that the inquiry would find a “deep state” conspiracy against him.Three years later, the team led by the special counsel, John H. Durham, on Monday will open the first trial in a case their investigation developed, bringing before a jury the claims and counterclaims that surrounded the 2016 presidential campaign. But rather than showing wrongdoing by the F.B.I., it is a case that portrays the bureau as a victim.The trial centers on whether Michael Sussmann, a cybersecurity lawyer with ties to Democrats, lied to the F.B.I. in September 2016, when he relayed suspicions about possible cyberconnections between Mr. Trump and Russia. The F.B.I. looked into the matter, which involved a server for the Kremlin-linked Alfa Bank, and decided it was unsubstantiated.In setting up the meeting, Mr. Sussmann had told an F.B.I. official that he was not acting on behalf of any client. Prosecutors contend he concealed that a technology executive and the Hillary Clinton campaign were his clients to make the allegations seem more credible.The defense argues that Mr. Sussmann was not acting on their behalf at the meeting. The F.B.I. was aware that he had represented Democrats on matters related to Russia’s hacking of their servers, and subsequent communications made clear that he also had a client who had played a role in developing the data analysis concerning Alfa Bank, his lawyers say.While the charge against Mr. Sussmann is narrow, Mr. Durham has used it to release large amounts of information to insinuate that there was a broad conspiracy involving the Clinton campaign to essentially frame Mr. Trump for colluding with Russia.That insinuation also hangs over the other case Mr. Durham has developed, which is set to go to trial later this year. It accuses a researcher for the so-called Steele dossier — a since-discredited compendium of opposition research about purported links between Mr. Trump and Russia — of lying to the F.B.I. about some of his sources.Both cases have connections with the law firm Perkins Coie, where Mr. Sussmann worked then. One of his partners, Marc Elias, was the general counsel of the Clinton campaign and had commissioned opposition research that led to the Steele dossier.The Alfa Bank allegations and the Steele dossier were largely tangential to the official investigation into whether there was collusion between Russia and the Trump campaign. F.B.I. officials had opened that investigation on other grounds, and the special counsel who completed the inquiry, Robert S. Mueller III, did not rely on either in his final report.(His report detailed “numerous links between the Russian government and the Trump campaign,” but he did not charge any Trump associate with a criminal conspiracy with Russia.)But supporters of Mr. Trump have rallied around Mr. Durham’s narrative, which resonates with Mr. Trump’s oft-repeated claim that the entire Russia investigation was a “hoax.”Defense lawyers for Mr. Sussmann have also rejected prosecutors’ broader insinuations about the constellation of events that led to his indictment, accusing the Durham team of fueling politicized conspiracy theories.Against that backdrop, much of the pretrial jostling has centered on how far afield prosecutors may roam from the core accusation. Judge Christopher Cooper of the Federal District Court for the District of Columbia, an Obama appointee, has imposed some limits on what Mr. Durham’s team may present to the jury.Through his court filings, Mr. Durham and his team have signaled that they suspect that the Alfa Bank data or analysis may have been faked, even though they were unable to prove it.But the judge barred Mr. Durham from presenting evidence or arguments along those lines, saying that unless there was proof Mr. Sussmann had reason to doubt the data when it was brought to him, there should not be “a time-consuming and largely unnecessary mini-trial to determine the existence and scope of an uncharged conspiracy.”Still, the judge has given prosecutors broader latitude to call witnesses associated with the Clinton campaign, including Mr. Elias and Robby Mook, the campaign manager.The Alfa Bank issue traces back to the spring of 2016, when it came to light that Russia had hacked Democrats.That summer, as suspicions escalated about Mr. Trump’s relationship with Moscow, a group of data scientists identified odd internet data that appeared to link servers for the Trump Organization to Alfa Bank.Working with Rodney Joffe, a technology executive and cybersecurity expert, they theorized that it might be a covert communications channel. Mr. Joffe, who was already a client of Mr. Sussmann’s, brought the matter to him, and Mr. Sussmann relayed those suspicions to reporters and the F.B.I. He also told Mr. Elias about it, and Clinton campaign officials were apparently aware that he was trying to get reporters to write about it.Seeking a meeting with the F.B.I. to share the material, Mr. Sussmann reached out to James A. Baker, then the agency’s top lawyer. Mr. Sussmann said in a text that he was not bringing it on behalf of any client and was motivated by a desire to help the bureau. Mr. Baker is expected to be a primary prosecution witness.But Mr. Durham’s team obtained law firm billing records showing that Mr. Sussmann had logged time working on the Alfa Bank suspicions to the Clinton campaign. The team argued that he lied because if the F.B.I. knew of the political connection, agents might have treated the matter differently.“The strategy, as the government will argue at trial, was to create news stories about this issue, about the Alfa Bank issue,” Andrew DeFilippis, a prosecutor for Mr. Durham, said at a recent hearing. “And second, it was to get law enforcement to investigate it; and perhaps third, your honor, to get the press to report on the fact that law enforcement was investigating it.”John H. Durham is the special counsel the Trump administration assigned in 2019 to scour the Russia investigation for any wrongdoing.Bob Child/Associated PressAt the same hearing, a defense lawyer, Sean Berkowitz, said that he would not contest that Mr. Sussmann represented the Clinton campaign in telling reporters about those allegations. But he suggested that the defense would contend that Mr. Sussmann did not believe he was taking the matter to the F.B.I. “on behalf” of the campaign or Mr. Joffe.Mr. Berkowitz noted that Mr. Sussmann had told Mr. Baker that he believed The New York Times planned to publish an article on the Alfa Bank suspicions, which was why he was reaching out.“We expect there to be testimony from the campaign that, while they were interested in an article on this coming out, going to the F.B.I. is something that was inconsistent with what they would have wanted before there was any press,” Mr. Berkowitz said. “And in fact, going to the F.B.I. killed the press story, which was inconsistent with what the campaign would have wanted.”Some details of that matter remain murky. Mr. Baker has testified that the F.B.I. tried to ask The Times “to slow down” on publishing. But news reports indicate that editors were not ready to run that article, which was being written by the reporter Eric Lichtblau, although the paper published one mentioning Alfa Bank six weeks later.Defense lawyers have also argued that even if Mr. Sussmann lied, it would have been immaterial because the F.B.I. would have still investigated the allegations. And they have suggested that despite his initial statement, Mr. Sussmann was open about having a client in subsequent communications. Notes of a March 2017 F.B.I. meeting with Mr. Baker show that the bureau understood he had one by then.The defense has also subpoenaed Mr. Lichtblau, who is no longer at The Times, to testify. A lawyer for Mr. Lichtblau has asked the judge to limit questioning to his discussions with Mr. Sussmann, avoiding other confidential sources and journalistic matters. Mr. Durham’s team is expected to object to any such constraint. More