UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : Criminal Case No. 21-582 (CRC) : MICHAEL A. SUSSMANN, : : Defendant. : GOVERNMENT S MOTION TO INQUIRE INTO POTENTIAL CONFLICTS OF INTEREST 1. The UNITED STATES of America, by and through its attorney, Special Counsel John H. Durham, respectfully moves this COURT to inquire into potential conflicts of interest arising from the representation of the defendant by his current counsel, Latham & Watkins LLP ( Latham ). The Government has discussed these matters with the defense and believes that any potential conflicts likely could be addressed with a knowing and voluntary waiver by the defendant upon consultation with conflict-free counsel as appropriate. The Government believes that any such waiver should be put on the record prior to trial.

statement to the FBI, in violation of Title 18, United States Code, Section 1001 (the “Indictment”). As set forth in the Indictment, on Sept. 19, 2016 – less than two months before the 2016 U.S. Presidential election – the defendant, a lawyer at a large international law firm (“Law Firm-1”) that

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