Tale of two trials: How Sussmann is receiving every consideration denied to Flynn

The criminal trial of Clinton campaign lawyer Michael Sussmann began this week with a telling warning from prosecutors to the D.C. jury: “Whatever your political views might be, they cannot be brought to your decisions.” The opening statement by Deborah Brittain Shaw reflected the curious profile of the Sussmann case. Prosecutors ordinarily have a massive advantage with juries despite the presumption of innocence. When pleas are counted, federal prosecutors can report as high as 95 percent conviction rates. However, with Sussmann, prosecutors clearly have concerns over whether they, rather than the defendant, will get a fair trial.

Sussman’s trial for allegedly lying to the FBI is being heard in the same District of Columbia federal courthouse where former Trump national security adviser Michael Flynn and others faced the very same charge brought by another special counsel.  

The cases, however, could not be more different. 

Whereas Flynn’s prosecution was a no-holds-barred affair, Sussmann’s prosecution has been undermined by a series of unfavorable rulings by the court. Special prosecutor John Durham still may be able to eke out a conviction, but the difference in the treatment of Trump and Clinton associates is striking.