The defense team argued: “The single false statement charge brought against Mr. Sussmann surely does not flow from the gathering of data, the accuracy of that data, the accuracy of the conclusions based on that data, or any information Mr. Steele may have provided to the FBI.”
The lawyers argued Sussmann did not have “any awareness” that Steele was “separately providing information to the FBI.”
“The Special Counsel has not charged a substantive scheme to defraud the government, nor has he charged a conspiracy to defraud the government,” Sussmann's lawyers argued. “The manner in which the data was gathered, the objective strength and reliability of that data and/or conclusions drawn from the data, and the information that Christopher Steele separately provided to the FBI all have no bearing on the only crime the Special Counsel chose to charge.”
Sussmann’s lawyers said that during a phone conference last month, Durham indicated that “he intends to introduce evidence and argument pertaining to reports and information” that Steele provided to the FBI, adding that Durham “presumably” intends to call Steele as a witness.