ANDY MCCARTHY: He’s confident that the case is going in his direction. And it’s odd to say that under circumstances when the proof is overwhelming that the statement was false. But there’s a difference between the statement being false and the FBI being fooled by it. And I think the statement at this point is better understood as a kind of a cover story so that the FBI could take information or feel comfortable taking information that was obviously political opposition research. So what the Sussmann defense has been able to show is the government has big trouble trying to prove the materiality of the false statement, which is an essential element of it, because the FBI really wasn’t fooled and because they went to great lengths to conceal the fact that they had accepted information from a partizan political source.
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