So far, the prosecutor has secured one guilty plea from a former FBI lawyer. Trump and his allies hope Durham will uncover evidence that there was a "coup" to undermine his campaign and administration but got frustrated last month when it became clear there would not be any major indictments or a report before the election.
Former President Donald Trump has suggested that Durham's investigation will uncover a vast conspiracy to use the FBI and DOJ against his 2016 campaign and lead to criminal charges against senior Obama administration officials. So far, the Durham probe has fallen significantly short of Trump's expectations.
In October, when it became clear the probe was dragging on, Mr. Barr appointed Mr. Durham as special counsel so he could continue his work into the Biden administration. Mr. Durham now works for Attorney General Merrick Garland, though the Justice Department declined to say if the pair have discussed the probe.
The only hoax is the charge contained in this indictment. Special Counsel John Durham was tasked with investigating the origins of the FBI’s Russia investigation. He now appears to have ended his work not with a bang, but with a whimper.
Horowitz released his report Monday saying his investigators found no intentional misconduct or political bias surrounding efforts to launch that 2016 probe and to seek a highly controversial Foreign Intelligence Surveillance Act (FISA) warrant to monitor former Trump campaign adviser Carter Page in the early months of the investigation. Still, it found that there were "significant concerns with how certain aspects of the investigation were conducted and supervised."
Horowitz in September submitted a draft of the report to Barr and the FBI so they could identify any classified information. But it had not been publicly released until now. The release comes as Washington has been consumed with an impeachment inquiry into President Trump.
Barr said the FISA report shows a “clear abuse” of the surveillance process.
As Horowitz has conducted his review of DOJ actions during the Russia probe, Durham, the U.S. attorney for Connecticut, has also been conducting a wider inquiry into alleged misconduct and alleged improper government surveillance on the Trump campaign during the 2016 presidential election.
Former Special Counsel Robert Mueller acknowledged in his report that investigators did not find evidence of a conspiracy between Trump’s campaign and the Russians in 2016 – which the FBI probed extensively. Barr said the FISA report shows a “clear abuse” of the surveillance process.
Fox News reported in October that Durham's ongoing probe has transitioned into a full-fledged criminal investigation.
The release comes as Washington has been consumed with an impeachment inquiry into President Trump. The House Judiciary Committee is holding the inquiry ’s latest hearing Monday, days after House Speaker Nancy Pelosi said Democrats are moving forward with plans to bring articles of impeachment against the president over his dealings with Ukraine.
Any pressure on prosecutors to stop their investigative work, Turley wrote, "may force the issue on the need for a new special counsel if criminal conduct is further revealed by indictments or filings.".
Durham was appointed by Attorney General William Barr more than a year and a half ago to investigate misconduct by federal law enforcement, intelligence officials, and others related to the FBI's inquiry into links between President Trump's campaign and Russia.
Here, the indictment alleges that Sussmann’s statement that he was not acting on behalf of any client was material because if the FBI had known that Sussmann was providing the information on behalf of the Clinton campaign, it would have treated the information differently. But this allegation is refuted by its own witness. In his 2018 congressional testimony, Baker was asked whether it would have mattered if Sussmann had told him he was there on behalf of the Clinton Campaign. He said it wouldn’t, a devastating admission for Durham’s case.
Mueller found that the Trump campaign shared polling data with a Russia intelligence officer, met with Russians to obtain dirt on Clinton, and coordinated messaging around the disclosure of stolen email messages. With this indictment, Trump can now say that it was Clinton who brought information to the FBI about links to Russia in the first place and yet again claim the Mueller investigation was a hoax.
Claiming materiality here is particularly galling in light of DOJ’s treatment of former national security advisor Michael Flynn. Flynn was charged by special counsel Robert Mueller with making false statements when he lied to the FBI about his conversations with the Russian ambassador in late 2016. The U.S. Attorney’s Office in the District of Columbia under former Attorney General William Barr filed a motion to dismiss the indictment on the grounds that Flynn’s statement was not material. While materiality generally has a fairly low bar, the different standard that Durham — who Barr appointed — is holding Sussmann now suggests that he is being treated unfairly.
So even if Sussmann misrepresented what motivated him to bring the information to the FBI that day, Baker knew that Sussmann was aligned with Clinton. If the FBI was going to treat information from Clinton’s camp with skepticism, Sussmann had provided all of the information necessary for the FBI to form that suspicion. For this reason, his allegedly false statement is, at worst, the equivalent of the ten-minute mile, not material to the matter at issue.
What’s more, Sussmann worked at the Perkins Coie law firm , whose representation of the Clinton campaign was publicly known. And based on the assistant director’s notes, it appears that Sussmann did tell Baker that he “represents DNC, Clinton Foundation, etc.”
Another clue about why this case is being filed is the amount of detail contained in the 27-page indictment.
First, Sussmann maintains that he did not make the statement. Many defendants deny misconduct, but this time it may work. In most false statement cases, the precise language of the statement at issue is memorialized in some way — the transcript of testimony under oath, a written submission, or a recorded oral statement. If not, the federal agency will usually provide two or more witnesses who personally heard the statement. Here, it appears that the whole case is built on the testimony of one witness, Baker. And in a he said, he said faceoff, the ties goes to the defendant.
Once hopeful conservatives believed Mr. Durham would ride into town and aggressively expose malfeasance by Obama-era FBI and Justice Department officials. They expected his probe would shed light on whether FBI officials knowingly misled a court when it obtained permission to wiretap former Trump adviser, Carter Page.
In October, when it became clear the probe was dragging on, Mr. Barr appointed Mr. Durham as special counsel so he could continue his work through the Biden administration.
Over a similar length of time as the Durham probe, Mr. Mueller filed criminal charges against 34 individuals, including seven Trump associates. His work resulted in 12 others referred for criminal prosecution.
In the end, Clinesmith was sentenced to 12 months probation and 400 hours of jail time.
Former President Trump gushed “I am so proud” when then-Attorney General William P. Barr tapped John Durham to look for widespread wrongdoing by FBI officials in the early stages of its Russia-collusion probe.
Trump and other conservatives mock the investigation that has practically disappeared without an utterance from Mr. Durham or any sign that he has uncovered anything.
The prosecution did not stray beyond the actions of Clinesmith, whose wrongdoing had been uncovered a year earlier by Justice Department Inspector General Michael E. Horowitz. Mr. Durham did not allege Clinesmith’s actions were linked to a deeper conspiracy against Mr. Trump.