Durham special counsel investigation

Opening letter of the Durham Report, delivered to Attorney General Merrick Garland

The Durham special counsel investigation began in 2019 when the U.S. Justice Department designated federal prosecutor John Durham to review the origins of an FBI investigation into Russian interference in the 2016 United States elections. Durham was given authority to examine the government's collection of intelligence about interactions between the 2016 presidential campaign of Donald Trump and Russians, and to review government documents and request voluntary witness statements.[1] In December 2020, Attorney General William Barr announced that he had elevated Durham's status and authority by appointing him as a special counsel, allowing him to continue the investigation after the end of the Trump presidency.

Durham's investigation was predicated on false claims by President Trump and his allies beginning in 2017 that the Russia investigation, code-named Crossfire Hurricane, was motivated by a conspiracy by U.S. intelligence or law enforcement agencies.[2] The investigation had found many questionable links between Trump associates and Russian officials and spies and led to the Mueller investigation. The president said the probe was part of a deep state plot and a "hoax" or "witch hunt" that was initiated by his political enemies.

Justice Department Inspector General Michael Horowitz contradicted those claims by testifying to Congress that the FBI showed no political bias motivating its investigation into Trump and his possible connections with Russia.[3][4][5] After Horowitz's testimony and release of the Inspector General report on the Crossfire Hurricane investigation, Barr and Durham, according to The New York Times, looked for a reason to accuse the presidential campaign of Hillary Clinton of trying to create suspicions that the Trump campaign had colluded with Russia.[2] Barr's and Durham's attempts to defend Trump were inspired by a right-wing conspiracy theory asserting it was actually the Clinton campaign that colluded with Russia to harm Trump.[6] The New York Times reported that concerns were raised that their efforts were a politicization of the Justice Department to pursue political enemies of the president.[7]

After three-and-a-half-years, Durham indicted three men. One was an FBI lawyer who pleaded guilty to altering an email that was included in a June 2017 application for a surveillance warrant on a former Trump campaign aide; he was sentenced to probation. The other two men were tried and acquitted. In both trials, Durham alleged the defendants had deceived the FBI but did not allege the FBI acted improperly toward Trump.[8][9] According to conservative lawyer Andrew C. McCarthy, the alleged deception was "only about the identity or status of people from whom they were getting information, not about the information itself."[10]

On May 15, 2023, Durham's final 306-page unclassified report was publicly released.[11][12] Durham said there was inadequate predication to open a full investigation and that only an assessment or preliminary investigation should have been launched.[13] The report concluded the FBI had showed confirmation bias and a "lack of analytical rigor" toward the information they received, especially information the FBI received from politically affiliated persons and entities..[14][15][16][17][18] The report extensively discusses "Clinton Plan intelligence" stolen from Russian intelligence that alleged the Clinton campaign was involved in a plot against Trump, though Durham acknowledged it might be fabricated.[19][20] Durham recommended that the FBI create "a position for an FBI agent or lawyer to provide oversight of politically sensitive investigations."[21]

  1. ^ Savage, Charlie; Goldman, Adam; Fandos, Nicholas (May 14, 2019). "Scrutiny of Russia Investigation Is Said to Be a Review, Not a Criminal Inquiry". The New York Times. Retrieved May 17, 2019.
  2. ^ a b Cite error: The named reference Savage_Goldman_Benner_1/26/2023 was invoked but never defined (see the help page).
  3. ^ "Read the full text: Justice Department watchdog report into origins of Russia probe". NBC News. December 9, 2019. Archived from the original on December 9, 2019. Retrieved December 9, 2019.
  4. ^ Barrett, Devlin (December 9, 2019). "Inspector general report says FBI had 'authorized purpose' to investigate Trump campaign's Russia ties but finds some wrongdoing". The Washington Post. Archived from the original on December 9, 2019. Retrieved January 30, 2023.
  5. ^ Breuninger, Kevin (December 9, 2019). "Justice Department watchdog finds Trump-Russia probe was not tainted by political bias". CNBC. Archived from the original on December 9, 2019. Retrieved January 30, 2023.
  6. ^ Cite error: The named reference Kessler_2/9/2018 was invoked but never defined (see the help page).
  7. ^ Cite error: The named reference Benner_Goldman_10/24/2019 was invoked but never defined (see the help page).
  8. ^ Cohen, Marshall (October 18, 2022). "Primary source for Trump-Russia dossier acquitted, handing special counsel Durham another trial loss". CNN.
  9. ^ Cite error: The named reference Rizzo_10/18/2022 was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference McCarthy_12/11/2021 was invoked but never defined (see the help page).
  11. ^ The Editorial Board (May 16, 2023). "Opinion: Durham's investigation reveals nothing except a broken process". The Washington Post. Archived from the original on May 16, 2023. Retrieved May 17, 2023.
  12. ^ Cite error: The named reference SLN-20230516 was invoked but never defined (see the help page).
  13. ^ Cite error: The named reference Cohen_et_al_5/15/2023 was invoked but never defined (see the help page).
  14. ^ Savage, Charlie; Thrush, Glenn; Goldman, Adam; Benner, Katie (May 15, 2023). "Durham Finds Fault With F.B.I. Over Russia Inquiry". The New York Times. Retrieved May 26, 2023.
  15. ^ Thomas, Pierre; Mallin, Alexander; Levine, Mike; Faulders, Katherine; Date, Jack (May 15, 2023). "After 4-year probe, Durham report slams FBI for actions in 2016 Russia investigation". ABC News. Retrieved June 22, 2023.
  16. ^ Cite error: The named reference Savage_Goldman_5/17/2023 was invoked but never defined (see the help page).
  17. ^ Cite error: The named reference NYT-20230516jw was invoked but never defined (see the help page).
  18. ^ Cite error: The named reference Lowell_5/15/2023 was invoked but never defined (see the help page).
  19. ^ Cite error: The named reference Friedman_5/25/2023 was invoked but never defined (see the help page).
  20. ^ Perez, Evan (May 15, 2023). "Durham interviewed Hillary Clinton on alleged plan to tie Trump to Russia, found no 'provable criminal offense'". CNN.
  21. ^ Cite error: The named reference Barrett_Stein_5/15/2023 was invoked but never defined (see the help page).