Good morning from the E. Barrett Prettyman courthouse in Washington DC, where the Sussmann-Durham trial is set to resume. Yesterday the prosecution wrapped and defense witnesses began. As of last evening, defense had not decided whether Sussmann himself will take the stand./1
The defense will NOT be calling Sussmann to testify./2
Judge makes sure Sussmann knows he has a right to testify in his defense but doesn’t have to do so. Sussmann, stands up to affirm to the judge that after speaking with his lawyers, he has chosen not to testify./3
Some pre-jury cleanup. Judge strikes a few bits from record where witnesses suggested you’d have to ask Sussmann why he did something. Discussion of whether they can squeeze in closing args before 2:30 p.m. Friday when judge plans to leave town for for Mem Day wkend vacation./4
No more witnesses — after reading some lines into the record from Baker’s 302 about why he scheduled the quick meeting with Sussmann, the defense rests. Prosecution also rests. Judge telling jury schedule is accelerated but closing args will be first thing tomorrow. /5
Talking about jury instructions. Govt & defense agree the charged act has to be what he said on Sept. 19 – the face-to-face meeting with Baker – rather than ‘on or about’ which could encompass the Sept. 18 text. /6
So that is all very abrupt and anticlimactic for today. I am headed out to work on other things. Here’s a very different kind of story I was working on earlier this week when @adamgoldmanNYT was your live blogger; it just went up online. /7
https://www.nytimes.com/2022/05/26/us/emergency-orders-internet-president.html