Michael Sussmann appears to be getting nervous.
Most people, myself included, expected a quick dismissal of the case because of an Obama-appointed judge sitting on the bench.
While he has clearly cut Sussmann some breaks, he is not completely caving.
Case in point, when Sussmann’s attorneys asked for a mistrial, the judge denied the motion.
Sussman is charged with lying to the FBI, a count that was more or less proven by attorney Marc Elias when he took the stand this week.
Sussmann’s attorneys asked Judge Christopher Cooper for a mistrial claiming that Elias had poisoned the jury against him.
Cooper responded, “I’m going to deny the motion for a mistrial to the extent one has been made.”
Uhm, is that not the job of the prosecution to secure testimony that does prove the guilt of the defendant, so I have no idea what formal grounds they expected this motion to be successful.
However, Cooper did hand Sussmann a possible hung jury by allowing a woman to remain on the jury who has a child that plays high school sports with Sussmann’s child.
If Durham does lose this case, he will have a few bullets to fire at the judge’s bias impacting the decision.
I mean, we have Hillary campaign donors and the mother of a child that plays sports with Sussman’s kid… how is that even possible?
Source: New York Post