Michael Sussmann announced on Thursday that he will not give his testimony in his trial, in which Special Counsel John Durham claims he lied to the FBI when he stated he was not bringing Trump-Russia charges to the agency on behalf of any client while representing the Clinton campaign, Fox News informed.
Sussmann confirmed to U.S. District Judge Christopher Cooper for the first time in the almost two-week-long trial that he will not take the stand in his defense, despite keeping the door open for testifying throughout the case.
The defense took the day off on Thursday.
On Friday, the government and defense are set to present their final arguments.
The defense filed a motion under seal this week requesting the judge to declare that if Sussmann had to testify, the government would be barred from questioning him during the cross-examination regarding materials supplied to the agency before any charges were filed.
The files in question were most likely supplied to urge the government to drop its case and Sussmann’s indictment.
Sussmann’s defense counsel, Sean Berkowitz, had stated that Cooper’s decision would determine whether or not Sussmann would testify.
Sussmann’s team, on the other hand, chose not to testify.
Cooper did not make a decision in open court on the motion on Thursday.
It’s not clear whether he made a decision on the motion.
Prior to closing statements on Friday morning, Cooper read the jury their instructions on Thursday.
Cooper clarified that the lawyers’ statements and arguments, as well as their questions, are not evidence, but rather intended to aid in their comprehension of the case.
Sussmann was accused “through an indictment,” according to Cooper, which is just “a legal manner of accusing one person of a crime.”
Cooper argued that the jury must think that the government established its case “beyond a reasonable doubt” in order to find the defendant guilty.
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