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Judge Cooper has denied the request by prosecutors to remove Juror #5 from the panel because her daughter and Sussmann's daughter are on the same crew team. #SussmannTrial
#SussmannTrial Day 4: Proceedings in former #Clinton attorney Michael Sussmann’s trial are set to begin Thursday at 9 a.m. in the E. Barnett Prettyman US District Courthouse in Washington DC where they ended Wednesday with former FBI general counsel James Baker on the stand.

Judge Cooper has denied the motion for mistrial but has agreed to strike Elias' "nonresponsive" testimony. Berkowitz said Sussmann has not decided yet if he will testify in the trial.

#SussmannTrialCourt is in brief recess with Baker still on the stand describing his meeting with Sussmann on Sept. 19, 2016, after arranging it the night before in a text to his personal phone regarding something "time-sensitive (and sensitive)." #SussmannTrial

Sussmann already had an FBI security badge that allowed him access to FBI HQ. Baker said he “had a vibrant national security practice that had contact with the FBI a lot.” #SussmannTrial

In that Sunday night text before the Monday afternoon meeting at FBI HQ, Sussmann told Baker he was "not representing any clients" and wanted to convey information to "help the bureau." #SussmannTrial

Baker said he agreed immediately to meet with Sussmann. “First of all, I know Michael and had high regard for him. I thought it seems urgent, I think I should try to meet with him as soon as possible." #SussmannTrial

Baker: Sussman made the statement right at the beginning. “It was part of his introduction to the meeting, ‘I’m not here on behalf of any particular client.’ I’m 100 percent confident that he said that.” #SussmanTrial

Baker: "Michael started to explain why he was there, He said he was not appearing ... on behalf of any particular client and that he had information of concern regarding a surreptitious communication channel between Alfa Bank and some servers in the United States." #SussmannTrial

Judge Cooper has denied the request by prosecutors to remove Juror #5 from the panel because her daughter and Sussmann's daughter are on the same crew team. #SussmannTrial
Court has recessed for lunch. Baker will return to the stand at 1:45ish. DeFilippis said he still needs an hour to finish before the defense begins cross-examine, meaning former FBI officials Bill Priestap, Trisha Anderson may not make the stand today. #SussmannTrial

Priestap's been a focus of DeFilippis-Baker exchange. After Sussmann meeting, Baker called counterintelligence officlal “because it involved Russia and this bank had links to the Kremlin. That seemed to me, on its face, to be a potential national security threat.” #SussmannTrial

When Baker met Priestap after Sussmann meeting, “I repeated that Michael said he was not there to represent a client.” He wanted Sussmann regarded as a “confidential human source” so “Bill would know who Michael was and take Michael as seriously as I did, too.” #SussmannTrial

DeFilippis is querying Baker about the relationship they sustained in ensuing years after their Sept. 19, 2016 meeting, including Sussmann lobbying for his Perkins Coie law firm to hire Baker. #SussmannTrial

There are reams of their texts entered as evidence, including a July 2019 lunch. "I think we probably talked about the Alfa Bank in general and the articles that were continuing to come out. I don’t think we specifically talked about the meeting of Sept. 19, 2016." #SussmannTrial

More than four hours later, Berkowitz begins cross-examining Baker. "Are you aware how many times you've been interviewed" by the prosecution? Baker said no. "Ten times," Berkowitz said. #SussmannTrial

Berkowitz cross-examing Baker about varied responses in Congressional interviews, in unauthorized disclosure of classified information probe (not charged), and in this case. A blur of emails, texts bouncing between 2016-20. Difficult to keep track of which is what. #SussmannTrial

Berkowitz: “If Mr Sussmann came to you and gave you a heads-up about a New York Times article about potential links to Russia, you would have wanted (agents) in the room, right?” Baker: “I would have wanted him to come to the FBI ... and have an agent with me ..." #SusssmannTrial
Cooper has returned to the bench for a "continuation of our charge conference."There is a discussion about reminding the jury to disregard "political views, political leanings, political affiliations." #SussmannTrial

Good luck with that, prosecutor Michael Keilty told Cooper since "This could be termed a politically charged case" but he agrees with emphasizing that in jury instructions. #SussmanTrial