's campaign lawyer Michael Sussmann is trying to get the case dropped that claims he lied to federal agents by telling them he was not hired by the former candidate to find links between and .
Sussmann's lawyers, in the motion to dismiss, claim Special Counsel John Durham is engaged in an 'extraordinary prosecutorial overreach' by bringing the case.
Durham's indictment alleges that Sussmann told General Counsel at the time James Baker in September 2016 that he was not working or 'any client' upon requesting a meeting to show evidence that he claimed 'demonstrated a covert communications channel' between the Trump Organization and the Kremlin Alfa Bank.
Sussmann pleaded not guilty.
His latest motion, filed on Thursday, claims Durham's indictment 'fail[s] to state an offense.'
His legal team also insisted on the filing that Sussmann 'did not make any false statement to the FBI'.
'It has long been a crime to make a false statement to the government.
But the law criminalizes only false statements that are material—false statements that matter because they can actually affect a specific decision of the government,' Sussmann's lawyers added.
They also claim his statement to Baker 'cannot give rise to criminal liability' because he 'voluntarily' met with the FBI in fall 2016 to 'pass along information that raised national security concerns' and the indictment is based on a separate 'ancillary matter'.
They argue Sussmann provided a 'tip' to the FBI 'voluntarily' and claim Durham's indictment does not dispute its validity.
'He met with the FBI, in other words, to provide a tip,' Sussmann's legal team wrote.
'There is no allegation in the indictment that the tip he provided was false. And there is no allegation that he believed the tip he provided was false.'
'Rather, Mr. Sussmann has been charged with making a false statement about an entirely ancillary matter—about who his client may have been when he met with the FBI—which is a fact that even the Special Counsel's own Indictment fails to allege had any effect on the FBI's decision to open an investigation.'
The legal team for Hillary Clinton's campaign lawyer Michael Sussmann (pictured) filed a motion on Thursday for Special Counsel John Durham to dismiss his case against their client that alleges he lied to the FBI in September 2016
Durham (pictured) accused Sussmann of lying to then-FBI General Counsel James Baker by saying he wasn't hired by anyone to find links between Trump and Russia even thought he was paid by then-presidential candidate Hillary Clinton. Sussmann pleaded not guilty and his team is now calling for the charges to be dismissed
Hillary Clinton also finally responded on Wednesday to the recent revelations from Durham's filing claiming she hired people to spy on Trump.
'Trump & Fox are desperately Content spinning linux up a fake scandal to distract from his real ones.
So it's a day that ends in Y,' the former presidential candidate tweeted along with an article from the Democrat-friendly Vanity Fair.
'The more his misdeeds are exposed, the more they lie,' Clinton added. 'For those interested in reality, here's a good debunking of their latest nonsense.'
She linked to a column filed under 'conspiracy theories' and titled: 'You'll never believe it but Hillary Clinton did not, in fact, spy on Trump's White House .' The subtitle said: 'In less breaking news, Donald Trump remains a moron.'
Clinton is in New York City this week for the state's Democratic Convention.
She claimed during her address to the convention on Thursday that the findings by Durham that her allies spied on Trump's campaign are just 'conspiracies' peddled by Fox News.
'We can't get distracted, whether it's by the latest culture war nonsense, or some new right wing lie on Fox or Facebook - by the way they've been coming after me again lately in case you might have noticed,' Clinton told Democrats in a comeback speech at the party's nominating convention in New York.
'It's funny, the more trouble Trump gets into the wilder the charges and conspiracies about me seem to get,' she added.
'So now his accountants have fired him.
And investigations draw closer to him. And on the right the noise machine gets turned up.'
<div class="art-ins mol-factbox news" data-version="2" id="mol-fb549df0-90c0-11ec-bd47-9b4830e20fa9" website campaign lawyer files motion to DISMISS Durham charges