Hopped Away: Networks Dodge ‘Massive’ Revelations in Durham Probe

ABC, CBS, and NBC did not cover their most popular morning and evening shows last week.There are two significant and new happenings In Special Counsel John Durham’s investigation into the origins of the Trump-Russia probe as not only did a judge deny indicted former Clinton attorney Michael Sussmann’s motion to dismiss, but a new Durham filing alleged Trump-Russia ties were “not plausible” and “user created” on Trump servers.

The string of bad news for Team Clinton began on Wednesday when Obama-appointed Judge Christopher Cooper denied Sussmann’s motion to dismiss the charge against him for having lied to the FBI about his motivations in alerting the feds in 2016 about supposed ties between then-candidate Donald Trump and Moscow-based Alfa Bank.

Fox & Friends FirstWe had 49 seconds Thursday to talk about the topic division over identical news briefs, Ashley Strohmier

An Obama appointed judge is denying former Clinton campaign lawyer Michael Sussmann’s request to dismiss the case against him by Special Counsel John Durham. Sussmann, who is being accused of lying to an FBI agent about his motivations in sharing information regarding Donald Trump’s possible connections to a Russian bank with him back in 2016, was charged. Sussmann is due to stand trial on May 16th. He could face up to five year imprisonment.

The Federalist’s Margot Cleveland Thursday, Cooper “shredded Sussmann’s argument that his ‘tip’ to the FBI was not material,”But “left open the possibility that Durham’s…case may never reach a jury” (click “expand”):

Wednesday’s opinion denying the Motion to Dismiss, shredded several of Sussmann’s arguments, most significantly his assertion “that the materiality of his statement must be assessed only in relation to the FBI’s decision to commence an investigation.” Sussmann had attempted to avoid criminal liability by claiming that because the FBI would have investigated his “tip” no matter what he had told Baker about his clients (or lack of clients), the lie was immaterial.

The court rejected that argument in Wednesday’s opinion, finding it “an overly narrow conception of the applicable statute.” Instead, the court held that controlling circuit precedent establishes that a lie may be material if it “influence[s] the later trajectory of the investigation.”

(….)

The court then considered the question of whether Sussmann’s alleged lie to Baker — that he was not representing any client in bringing the Alfa Bank evidence to the FBI — “was in fact capable of influencing either the commencement or the later conduct of the FBI’s investigation.” In addressing this issue, the court summarized Sussmann and the Special Counsel’s respective positions, and, calling the question “hotly disputed,” concluded it could not resolve the dispute prior to trial.

While the trial court denied Sussmann’s Motion to Dismiss, Judge Cooper nonetheless left open the possibility that Durham’s Section 1001 case may never reach a jury[.]

(….)

These possibilities are unlikely, though, because the parties’ respective arguments make clear that sufficient evidence exists to support a jury verdict.

Later on Fox News, Sussmann’s legal blow fetched 24 seconds from co-host Bill Hemmer on Thursday’s America’s Newsroom and a 10-second nod on Friday’s Special Report.

In a second Durham court filing, Friday’s second event was reported. It was mentioned in an allegation on Saturday’s late Friday/early Sunday edition. Fox News @ Night, Fox & Friends SundayWe had an in-depth story about the main takeaways.

Alexandria Hoff is the correspondent and explained to us how Durham will be able to prove his point. “the CIA concluded that the allegations made prior to the 2016 election involving Donald Trump and a Russian bank were untrue and unsupported.”

Hoff added, quoting from the filing itself and how it tied into February’s bombshell that Team Trump had indeed been surveilled and insnared in a Democratic Party plot (click “expand”):

Durham argued that data necessary — that the data presented is necessary and that the government expects to present evidence that the FBI and, more so, the CIA concluded that the allegations made prior to the 2016 election involving Donald Trump and a Russian bank were untrue and unsupported.

He explained in a filing that while the FBI did not reach what’s called the ultimate conclusion, “agency two,” which is the CIA, “concluded in early 2017 that the Russian Bank-1 data and Russian Phone Provider-1 data was not ‘technically plausible,’ did not ‘withstand technical scrutiny,’ ‘contained gaps,’ ‘conflicting with [itself],’ and was ‘user generated and not machine/tool generated.’ The Special Counsel’s office has not reached a definitive conclusion in this regard.”

In February Durham disclosed that the government was going to prove that Trump Tower’s health care provider and the Office of the Presidenent used internet data in order to fabricate a narrative.

Following Hoff’s report, co-host Will Cain said while it’s “a legal filing” and thus a “not yet…proven allegation,” it was still “huge” Value and quality “pay[ing] attention to.”

Rachel Campos Duffy, co-host of the show, was compelled to declare it twice. “massive” Cain to reply it’s worth covering because “no one else will” and “it will be suppressed.”

Two hours later, the filing appeared twice Sunday Morning Futures and then twice on Monday’s Fox & Friends FirstOnce upon a time Fox & FriendsCraig Jarrett’s full segment, followed by a segment that is part of the segment. America’s Newsroom.

Jason Chaffetz, a former congressman (R-UT), called it that on the last broadcast. “very significant” given how “difficult” it’s been for even congressional committees to obtain “CIA documents, so the idea that the prosecutor has CIA documents not only is it significant for the one he found, but he’s signaling to the other side, ‘if you don’t think I’m going to trial, you have another thing coming[.]’”

For some examples of things they covered instead, Sunday’s Good Morning America on ABC had a brief on cross-dressing singer Harry Styles setting records for new downloads following a performance at Cochella, Monday’s CBS Mornings worshipped artist Janelle Monáe as she claimed Governor Greg Abbott (R-TX) was erasing LGBT people, and NBC’s TodayOn Saturday, I decided to share the shocking news that walking outside is good for your health.