Special Prosecutor John Durham wants to use Hillary Clinton’s tweet accusing Trump of having a secret line of communication with Russian Alfa Bank as evidence in Michael Sussmann’s trial next month.

Hillary Clinton’s 2016 campaign lawyer Michael Sussmann’s motion to dismiss Durham’s case was denied by a federal judge last week.++

Sussmann was indicted last September for lying to the FBI.

According to the indictment, Sussmann falsely told James Baker he wasn’t doing work “for any client” when he asked for a meeting with the FBI where he presented bogus evidence the Trump Tower was secretly communicating with Kremlin-tied Alfa Bank.

Hillary Clinton fired off a tweet claiming Trump Tower was secretly communicating with Russian Alfa Bank.

The defamatory tweet is still on Twitter.

Sussmann doesn’t want Durham to use Hillary Clinton’s tweet in next month’s trial, however the special prosecutor wants it to be admitted as evidence.

The Washington Examiner reported:

The Democratic cybersecurity lawyer charged with concealing his work for the Clinton campaign from the FBI doesn’t want special counsel John Durham to be able to use Hillary Clinton’s tweet touting the Trump-Russia collusion claims he was pushing as evidence at trial.

Michael Sussmann was indicted in September for allegedly concealing his clients — Clinton’s 2016 presidential campaign and “Tech Executive-1,” known to be former Neustar executive Rodney Joffe — from FBI general counsel James Baker in September 2016 when he pushed since-debunked claims of a secret backchannel between the Trump Organization and Russia’s Alfa-Bank. Sussmann has pleaded not guilty.

Durham told the federal court last week he wanted an October 2016 tweet from the Clinton campaign promoting the Alfa-Bank claims to be admitted as evidence at the May trial.

The special counsel argued the tweet is not inadmissible hearsay “because it is not being offered for its truth” — emphasizing that the prosecutors actually believe its claims were false. Durham said he instead wanted to present the tweet to “show the existence of the defendant’s attorney-client relationship with the Clinton Campaign, which is directly relevant to the false statement charge.”