The case against former Perkins Coie partner Michael Sussmann, indicted last week on a charge of making a false statement, has flaws that could be difficult to overcome at trial, according to former federal prosecutors.

Those prosecutors said they doubt Special Counsel John Durham’s team will be able to prove to a jury both elements required in a false statement case: that Sussmann, a cybersecurity and privacy attorney, lied to a top FBI lawyer during a meeting about purported Trump ties to Russia and, if so, that his lie was substantial enough to have potentially affected the bureau’s investigation.

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