This was revealed in Jan. 25 court filings from special counsel John Durham, who’s investigating the origins of the Russia probe that cast a shadow over the presidency of Donald Trump. According to Durham, Sussmann worked with a group of individuals to devise allegations regarding a purported secret communications channel between the Trump Organization and Russia’s Alfa Bank.
Durham said on Jan. 25 that the “government also maintains an active, ongoing criminal investigation of the defendant’s conduct and other matters.” His filing was made in response to objections by defense attorneys about the timeliness of him providing discovery materials.
With the trial set for May 16, U.S. District Judge Christopher Cooper ordered the government on Dec. 14, 2021, to provide all unclassified discovery to Sussmann by Jan. 28 and all classified material by Feb. 11. Durham told the judge in his filing that his office is working hard to make those dates.
“Nevertheless, because of more than two dozen broad and detailed written discovery requests ... the Government also continues to collect, process, and review certain discrete and limited categories of materials that may yield further discoverable information,” the filing reads. “Accordingly, while the Government has complied diligently with its discovery obligations, it respectfully requests permission from the Court to produce any residual discovery materials resulting from its ongoing reviews by March 18.”
Durham said the defense counsel is fine with a delay in receiving all material by Feb. 11—as opposed to getting the unclassified records early. But the defendant objected to receiving the material by late March.
The special counsel attached in his filing an email from defense counsel Michael Bosworth, laying out the defense’s position on the matter.
“Receiving ... potentially tens of thousands of documents six weeks before trial, two weeks before the exhibit deadline, and less than a week before motions in limine are due would impose an unreasonable burden on Mr. Sussmann’s defense,” Bosworth wrote on Jan. 21.
“Consenting to such an extension would hamper our ability to appropriately review those materials and prepare for trial, or potentially force us to move back the trial date, when Mr. Sussmann is entitled to a speedy trial and has repeatedly emphasized his desire for a quick resolution of this matter.”
Noting the defense’s objections, Durham asked Cooper to nevertheless grant him a time extension on discovery. He said his staff has been working to produce hundreds of thousands of pages of materials.
“In particular, the Government to date has produced more than approximately 133,000 pages of materials in classified and unclassified discovery,” the filing reads. “The Government expects to produce approximately 492,285 additional pages of materials later this week.”
The end of Durham’s filing reiterates his request for an extension to March 18.
“The Government also will consent to the filing by the defense of any additional or supplemental motions that are based on, or prompted by, the Government’s residual discovery,” the filing reads. “Finally, and as it has done throughout the discovery process, the Government will update the defense (and the Court as appropriate) regarding its progress on all of the above discovery issues.”
