How will the government prove part of its case against Danchenko? Keilty lays it out:
1). Danchenko’s e-mails “The defendant's very own words will show that there was never a call to say nothing of a meeting in New York which Millian supposedly skipped out on.”
2). “The defendant's own phone records will make it abundantly clear to you that he never received a call from somebody he claimed to believe was Sergei Millian.”
Being a false statement case, the Special Counsel must prove that the lies were material. The Special Counsel provides insight into how it will meet that burden:
— “You will learn that lies can cause the FBI to wield their powers too aggressively, and you will also learn that lies can cause the FBI to not act aggressively enough. And you will see examples of both -- both of those situations here in this trial.”
— If Danchenko had been truthful, the FBI would have been under an obligation to correct its own misrepresentations to the FISA court.
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Part 2 of the transcript coming soon…
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