This is how justice appears to work in Washington, D.C.

The jury had one job: to weigh the presented evidence and apply the law to the case – not to judge whether or not the case should have been brought.

After the verdict, the jury forewoman, who declined to give her name, spoke to the media.

I don’t think it should have been prosecuted.”

“There are bigger things that affect the nation than a possible lie to the FBI.”

“It was the government’s job to prove it, and they succeeded in some ways and not in others.”

“We broke it down, and it did not pan out in the government’s favor.”

“Politics was not a factor.”

Jury Nullification

sussmannA jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness.

Jury nullification is a discretionary act, and is not a legally sanctioned function of the jury.  It is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case.  The jury does not have a right to nullification, and counsel is not permitted to present the concept of jury nullification to the jury.  However, jury verdicts of acquittal are unassailable even where the verdict is inconsistent with the weight of the evidence and instruction of the law.

See U.S. v. Thomas, 116 F.3d 606 (2d Cir. 1997).

Michael Sussmann

Michael A. Sussmann (born 1964) is an American former federal prosecutor and a former partner at the law firm Perkins Coie, who focused on privacy and cybersecurity law. Sussmann represented the Democratic National Committee (DNC) and retained CrowdStrike to examine its servers after two Russian hacker groups penetrated DNC networks and stole information during the 2016 U.S. elections.

The Trump administration appointed John Durham as special counsel to investigate the origins of the FBI probe into links between Trump associates and Russian officials. Durham spent three years on the investigation and, in 2021, brought a single charge of making false statements against Sussmann, accusing him of having lied to the FBI in one meeting in 2016, with no witnesses. Sussman pleaded not guilty. After a jury trial in May 2022, Sussman was unanimously acquitted.

Just thinking out loud…

Considering that Special Counsel John Durham knew, before the trial, of the judge’s conflict of interests, and after voir dire, the apparent bias of several jury members and yet did nothing, suggests a decision matrix.

(1)  Special Counsel John Durham is part of the swamp and seeks to perform damage control and delay any accountability beyond the statute of limitations, typically five or seven years.

(2)  Special Counsel John Durham didn’t care about the conflicts and was willing to risk or even court jury nullification.

(3)  Special Counsel John Durham didn’t care about the Sussmann case because it was a vehicle to: one, demonstrate the corruption within the Washington, D.C. judicial environment to bolster future change of venue requests or judge recusals; two, enter sworn testimony and documentary evidence as part of an adjudicated trial for future use, and three, use the admitted evidence and testimony to further a broader case involving a criminal conspiracy to defraud the United States.

But could there be additional charges?

I want to consider the possibility that Special Counsel John Durham is playing the long game. However, I have found that my unjustified regard for former FBI Director James Comey, Robert Mueller, and various intelligence chiefs was misplaced over the years. So, I do not have more than “hope” that Special Counsel John Durham will do the right thing on behalf of America and its Constitution.

We are so screwed.

-- steve

“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS