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The jury came back with a ruling on the Sussman case, they found him not guilty even though the evidence shows he is guilty. Durham knew this was going to happen, but he needed the evidence under oath to move forward with the other indictments, he had to sacrifice Sussman to go after the big game. How do you set the stage (board), think chess. This move was necessary, this is a marathon and it has to be done right. Sussman was a foot soldier, but the information and the admission under oath was more important.