Michael Sussmann

Humankind, said T.S. Eliot, cannot bear very much reality. A case in point was the chyron that Fox News posted briefly on June 13. That was the day that Donald Trump was arraigned in Miami. The news story featured a split screen. On the left was Joe Biden speaking at an event in Washington for the secretary-general of NATO. On the right was Donald Trump addressing supporters in New Jersey. Underneath ran the unspeakable truth: “Wannabe dictator speaks at the White House after having his political rival arrested.” That fresh-breeze-of-truth window was open for a total of twenty-seven seconds. Then it was slammed shut. But that was long enough. Our Guardians on the internet erupted in fury. Fox issued a public apology and canned the veteran producer responsible on the spot.

In May, when a federal jury acquitted former Hillary Clinton campaign lawyer Michael Sussmann of one count of lying to the FBI, the cadre of politicians, pundits and activists that comprise what they consider a “resistance” to Donald Trump’s presidency were brimming with indignation at the insult of its having gone to trial at all. The Sussmann prosecution was the first case from special counsel John Durham to go to trial. Durham was appointed in 2019 to investigate the FBI’s investigation of the Trump campaign’s connections to Russia. And it took only a few hours for the jury to rule against him.

Democracies cannot survive without public trust. Citizens must be confident that their elected officials represent their interests, at least in broad terms, and are not corrupt, self-dealing con men. They must believe the courts dispense justice fairly and equally, that there’s not one set of rules for insiders and another for everyone else. They understand that complex societies require bureaucracies and that bureaucracies are inherently non-democratic, but they want the bureaucracies’ rules and procedures to be subject to laws, passed by elected officials, overseen by them, and applied evenly. For transparency, they depend on newspapers and television and, in recent years, on websites and social media.

Michael Sussmann, a senior lawyer for Hillary Clinton’s 2016 campaign, is currently on trial for lying to the FBI. The allegation is straightforward. As the election approached, Sussmann texted his old friend and fellow attorney, James Baker, requesting a brief, urgent meeting. Baker was the FBI’s top lawyer and Sussmann was a partner at Clinton’s election-law firm. They were friends from their days together at the Department of Justice and continued to know each other socially. According to the indictment, Sussmann told Baker he was coming solely to help the Bureau and not on behalf of any client.