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(WASHINGTON) — A lawyer whose firm represented Hillary Clinton’s campaign during the 2016 presidential election was indicted Thursday by special counsel John Durham on a single charge of making a false statement to the FBI.

Michael Sussmann, an attorney for the Perkins Coie law firm who previously represented the Democratic National Committee following the hacking of its servers by Russia during the 2016 campaign, is accused of lying “about the capacity in which he was providing allegations to the FBI” when he met with a top lawyer from the bureau in September 2016 and provided him information about potential ties between a Russian bank and computer servers in the Trump Organization.

“Specifically, SUSSMANN state falsely that he was not doing his work on the aforementioned allegations “for any client,” which led the FBI General Counsel (James A. Baker) to understand that SUSSMANN was acting as a good citizen merely passing along information, not as a paid advocate or political operative,” prosecutors write in the indictment.

They allege instead that Sussmamn intentionally misled the FBI general counsel because he was acting at the time on behalf of an unnamed tech executive, an “U.S. internet company” and Hillary Clinton’s Presidential Campaign.

Prior to his indictment Thursday, Sussmann’s attorneys provided a statement to ABC News maintaining his innocence.

“Mr. Sussmann has committed no crime,” attorneys Sean Berkowitz and Michael Bosworth of the law firm Latham and Watkins said. “Any prosecution here would be baseless, unprecedented, and an unwarranted deviation from the apolitical and principled way in which the Department of Justice is supposed to do its work.”

“We are confident that if Mr. Sussmann is charged, he will prevail at trial and vindicate his good name,” they added.

Durham was appointed by former Attorney General William Barr in May 2019 to investigate allegations of misconduct by members of the FBI and the intelligence community in their investigation of potential ties between Russia and former President Donald Trump’s 2016 campaign for the presidency. Before his resignation, Barr appointed Durham as special counsel extending his tenure into the Biden administration.

While Durham’s probe has long since lapsed the total duration of former special counsel Robert Mueller’s investigation, prior to Thursday he had yielded only one indictment against a lower-level FBI lawyer who admitted to doctoring an email used in seeking surveillance against a former aide to Trump’s campaign. That lawyer, Kevin Clinesmith, was sentenced to probation earlier this year.

Durham has been tasked with creating a report outlining his findings, though it will be up to Attorney General Merrick Garland to determine whether to make those findings public. Garland has said publicly he has no intention of interfering in Durham’s work.

The indictment alleges Sussmann began in 2016 working with a U.S. tech executive and other cyber researchers in coordination with the Clinton campaign to assemble “white papers” on a potential communications channel between the Trump Organization and Russian-owned Alfa Bank. Sussmann later provided Baker with the documents in a Sept. 19, 2016 meeting where he is alleged to have made the false statement about who he was acting on behalf of at the time.

The connections were later examined by the FBI, but not substantiated.

In a 2017 deposition with House lawmakers, Sussmann said that he requested the meeting on behalf of a client who was a cybersecurity expert that held data he said showed ties between Alfa Bank and the Trump Organization. According to a source familiar with the matter, his legal team denied in meetings with Durham’s team that his meeting with Baker was coordinated or on behalf of members of Clinton’s campaign.

The meeting between Sussman and Baker occurred more than a month after the FBI’s “Crossfire Hurricane” investigation — looking into whether people associated with the Trump campaign were coordinating, wittingly or unwittingly, with the Russian government’s efforts to interfere with the 2016 campaign — was opened on July 31.

Days earlier, on July 27, 2016, then-candidate Trump said publicly at a campaign event, “Russia, if you’re listening, I hope you’re able to find the more than 30,000 emails that are missing.” This was an apparent reference to Clinton emails that had been stored on a private server during the time she had served as secretary of state.

In the spring of 2016, Russian military intelligence had hacked into the computer networks of the Democratic Congressional Campaign Committee and the Democratic National Committee. Emails and documents stolen by the Russians had already been leaked in June and July of 2016 and Trump continued to encourage more leaks as they continued throughout the campaign.

The New York Times, which first reported news of Durham’s plans to seek an indictment against Sussmann, also reported that Garland has declined to overrule Durham’s decision.

Sussmann’s legal team has communicated to Durham’s team that they believe his case will fall apart under scrutiny for several different reasons, a source said. They have noted that Sussmann’s alleged statement to Baker was made nearly five years ago and in a private meeting with no witnesses. And they argue the statements identified by Durham are immaterial in that they likely had no significant impact on any actual investigation being conducted by the FBI at the time.

In the indictment, however, prosecutors contend the statement was material “because, among other reasons, Sussmann’s false statement misled the FBI general counsel and other FBI personnel concerning the political nature of his work and deprived the FBI of information that might have permitted it more fully to assess and uncover the origins of the relevant data and technical analysis, including the identities and motivations of Sussmann’s clients.”

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(WASHINGTON) — Customs and Border Protection encountered over 200,000 attempted crossings in August, fewer than the two-decade high seen in July, but still far more than in past years.

While the Biden administration has asked for patience, some Republican lawmakers are sounding the alarm over what they consider a continuing crisis.

The 208,887 of apprehensions in August were fewer than in July, when 212,672 people were encountered crossing the border — eclipsing every year since 2000. But last year, CBP made 50,014 apprehensions, just a fraction of this August’s number. In 2019, there were 62,707 apprehensions and the number was even smaller — 46,719 — in 2018.

According to the data released by CBP on Wednesday, 25% of the crossings were made by people who had already been encountered — leaving 156,641 unique encounters last month.

The number of unaccompanied minors has remained steady since July, at nearly 19,000 each month. In August, more than 1,400 unaccompanied children a day, on average, were in CBP custody — up 100 from July.

CBP says fentanyl seizures rose 34%, along with a 36% increase in pounds of cocaine seized from July to August. Fentanyl seizures are also up 50% so far this year, with more than 10,000 pounds confiscated, according to the data.

Secretary of Homeland Security Alejandro Mayorkas on Monday downplayed the numbers.

“Once again, we have a plan and we’re executing it. The situation doesn’t change with a flick of a switch, it requires a tremendous amount of work,” he said during a fireside chat with ABC News at the Homeland Security Enterprise Forum.

But ranking member on the Senate Homeland and Governmental Affairs Committee, Sen. Rob Portman, R-Ohio, was not so optimistic.

“Once again, CBP operational statistics show that we are seeing the worst unlawful migration crisis in more than twenty years,” Portman said in a statement on Wednesday night. “The Border Patrol has now made more than a million apprehensions of unlawful migrants since President Biden took office. CBP reported more than 208,000 total encounters at the border in August, quadrupling the number from last August.”

Former President Donald Trump’s Acting Homeland Security Secretary Chad Wolf warned that Border Patrol agents will soon reach their breaking point if crossings continue at the current rate.

“President Biden’s failed border-security policies are simply unsustainable. The men and women of federal law enforcement cannot continue to deal with these crisis-level numbers. They are already overwhelmed and overburdened. The breakdown is coming,” Wolf said in a statement

The administration, however, has framed the drop in encounters since July as a sign things are moving in the right direction.

“The men and women at CBP continue to step up to meet the demands of high numbers of encounters at our southern border. CBP recorded 2 percent fewer encounters in August than July,” Acting CBP Commissioner Troy Miller said in a release. “The vast majority of single adults encountered in August, along with a substantial share of families, continued to be expelled under the CDC’s Title 42 authority.”

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(WASHINGTON) — Following months of negotiations, House Democrats advanced critical legislation late Wednesday that will help President Joe Biden deliver on a massive $3.5 trillion human infrastructure package filled with social and progressive priorities.

Thirteen House committees spent countless hours over the week marking up legislation to meet a self-imposed Sep. 15 deadline. The bill language passed by the committees will now be drafted into a final bill that is expected to be married with the Senate’s version of the bill in the coming weeks.

The negotiations this week were not without drama, as Democrats are dealing with growing disagreements on policy between progressives and moderates in the House, as well as skeptical holdouts Democratic Sens. Joe Manchin and Kyrsten Sinema who have concerns with overall spending.

Manchin has previously called for a “strategic pause” in moving forward with the reconciliation bill and has repeatedly said he does not support passing another multi-trillion dollar spending bill.

Biden on Wednesday held separate meetings with both Manchin and Sinema as a form of personal outreach.

“The president certainly believes there’ll be ongoing discussions,” White House press secretary Jen Psaki said Wednesday. “Not that there’s necessarily going to be a conclusion out of those today, but that was the primary focus and purpose of these meetings.”

The final bill will include significant new investments in health care, child care, higher education, workforce training, and paid family and medical leave which would include 12 weeks paid family and medical leave for most working Americans.

It will also include plans to permanently close the Medicaid coverage gap, expand Medicare by offering seniors access to hearing, dental and vision benefits; extend several tax credits; strengthen the Affordable Care Act, invest in maternal health, and provide additional investments in public health. It would also make major changes to immigration, climate, and tax laws.

Democrats intend to off-set the costs of the package by raising taxes on wealthy Americans, profitable corporations and investors.

The House Ways and Means Committee released a plan to raise the corporate tax rate to 26.5% for businesses earning more than $5 million in income. The corporate rate would be lowered to 18% for small businesses earning less than $400,000; all other businesses would continue to pay the current rate of 21%.

The legislation would also raise the top income tax rate to 39.6% from 37% for married couples who report taxable income of more than $450,000 and for individuals who report more than $400,000. The proposal also includes a 3% surcharge on individual income above 5% and increases the top tax rate for capital gains – the proceeds from selling an asset – to 25%, up from 20%.

It’s not clear how much revenue the tax increases could generate and whether they would fully offset the $3.5 trillion spending bill.

“I want to thank all thirteen committees given instructions in this process for reporting recommendations within their jurisdictions for the Build Back Better Act. I also want to express my gratitude and admiration for the hardworking committee staff who sacrificed sleep and, in many cases, time with their families this summer in order to make sure that this critical legislation reflects Democrats’ focus on helping Americans access opportunity and achieve real economic security. We will continue our work on this legislation in the coming days, as we take action to deliver on President Biden’s plan to Build Back Better,” House Majority Leader Steny Hoyer said in a statement late Wednesday.

House committee chairs are expected to brief Democrats on their portions of the spending bill on Friday. The House is set to return from a six-week recess on Monday.

“This package, coupled with the bipartisan infrastructure plan, represents our firm belief that it’s not just the roads that get you to work that require funding, basic supports like child care and paid leave are also essential features of society worthy of investment. As the broader negotiations continue, I must emphasize that now is not the time to settle for less. The American people are looking to us as members of the Democratic Party to push ourselves and set the highest possible standards for what’s possible. Twelve weeks of universal paid family and medical leave, guaranteed access to child care, strong proposals to combat climate change, and responsibly funding our priorities are just some of the measures that must remain in this package and become law,” said House Ways and Means Chairman Richard E. Neal in a statement.

But serious issues remain.

A trio of moderate House Democrats came out against the drug pricing plan in Democrats’ sprawling agenda as it made its way through the House.

Reps. Kathleen Rice, Scott Peters, and Kurt Schrader on Wednesday opposed language in the House Energy and Commerce Committee that would give the federal government a greater role in negotiating drug prices. Another key House panel endorsed the drug pricing plan later Wednesday evening, but leadership may not yet have the votes to pass it as part of a larger bill.

It’s another bump in the road for leadership that underscores the challenge facing the Biden White House and the Democrats’ narrow majority.

“Polling consistently shows immense bipartisan support for Democrats’ drug price negotiation legislation, including overwhelming majorities of Republicans and independents who are fed up with Big Pharma charging Americans so much more than they charge for the same medicines overseas. Delivering lower drug costs is a top priority of the American people and will remain a cornerstone of the Build Back Better Act as work continues between the House, Senate and White House on the final bill,” Henry Connolly, a spokesman for House Speaker Nancy Pelosi, said in a statement to ABC News.

Northeastern lawmakers are also hoping the final package repeals a cap on deductions for state and local taxes – SALT – imposed by Republicans in 2017. Rep. Tom Souzzi, D-NY, has made clear that without SALT, he’s a “no” on the overall reconciliation package.

“I have been consistent for six months: ‘No SALT, no deal’,” Suozzi said in a statement.

House Democrats have said they will pursue “meaningful” change to the $10,000 limit on the federal deduction for state and local taxes. However, repealing the cap on the write-off may primarily benefit wealthy households, opponents have said.

The measure has been a sticking point in negotiations among lawmakers in high tax states.

While Democrats don’t need GOP support to pass their $3.5 trillion spending bill, due to the reconciliation process which allows legislation to pass with a simple majority, they have to get votes from every Democratic senator and nearly every House member.

House Democrats plan to tweak their bill in the coming days ahead, but they are under a tight deadline to get agreement with the Senate so that a bill can clear both chambers. Their goal is to finish their work before Sept. 27 – when Pelosi has promised she will allow the House to begin considering a $1 trillion bipartisan infrastructure bill.

Pelosi has long vowed to hold on to that bipartisan bill until the much larger, $3.5 trillion “human” infrastructure bill filled with Democratic priorities is passed first.

ABC News’ Benjamin Siegel contributed to this report.

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(WASHINGTON) — Fencing outside the U.S. Capitol was reinstalled late Wednesday ahead of the “Justice for J6” rally this weekend.

The fencing erected after the Jan. 6 riot was removed in July.
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“Justice for J6” is being billed by organizers as a protest for defendants who are being detained by the government in connection to the January insurrection at the Capitol.

The fencing is just the latest security measure for a rally that has some in law enforcement on high alert.

Federal law enforcement agencies have become concerned that far-right extremists, including the Oath Keepers and Proud Boys could come to Washington for the protest.

U.S. Capitol Police is the leading agency for the event.

“We are closely monitoring Sept. 18 and we are planning accordingly,” said Capitol Police Chief Tom Manger. “After Jan. 6, we made department-wide changes to the way we gather and share intelligence internally and externally. I am confident the work we are doing now will make sure our officers have what they need to keep everyone safe.”

Every available Capitol Police officer will be working and the Washington Metropolitan Police Department said they are also “fully prepared” for the protest.

“As with all First Amendment demonstrations, MPD will be monitoring and assessing the activities and planning accordingly with our federal law enforcement partners,” an MPD spokesperson said in a statement to ABC News. “MPD will have an increased presence around the city where demonstrations will be taking place and will be prepared to make street closures for public safety.”

Additionally, the FBI Washington Field Office said they are working closely with state local and federal partners.

Javed Ali, a former national counterterrorism director on the National Security Council said agencies have cause for concern.

“While the government has not yet issued threat bulletins about specific and credible plots on that day, like 6 January there may be people who attend in a highly agitated mindset and then switch quickly to violent action with little-to-no warning,” Ali said.

Homeland Security Secretary Alejandro Mayorkas told reporters last week that information sharing is key to avoiding another incident like Jan. 6.

He said the Department of Homeland Security has increased information sharing efforts throughout the country.

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