Durham Report Uncovers “Crime of the Century”, or Does It?

After a four year investigation into the origins of the FBI’s probe into ties between Donald Trump’s 2016 presidential campaign and Russia, special counsel John Durham issued his report earlier this month. Donald Trump and his allies would have you believe that the report uncovered the “crime of the century”, the existence of a “deep state” out to get him, and an FBI weaponized against him.  This is not what the report indicated. The Durham report revealed very little that hadn’t previously been reported in prior investigations and in the press.

The Durham report should be the last word on the Trump-Russia probe, but it won’t be. Donald Trump will use the report as proof that he is the victim of a deep state conspiracy, and use it throughout his 2024 presidential campaign as a shield against all pending accusations against him. Therefore, the subject deserves just a little more of our time before we relegate it to the trash heap of yesterday’s news.  

Time Line of Events in Trump-Russia Probe:  A review of the time line of events may help to make some sense of the Durham report.
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July 31, 2016​: The FBI began an investigation, code named “Crossfire Hurricane”, into possible links between the Trump 2016 presidential campaign and Russian officials, and to possible Russian meddling in the presidential election.  This investigation would be taken over by the Mueller investigation in May of 2017.

May 9, 2017: President Trump fired FBI Director James Comey.
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May 17, 2017-May 29, 2019: Special Counsel Robert Mueller was appointed to investigate Russian interference in the 2016 presidential election, links between the Trump campaign and Russian officials, and possible obstruction of justice arising from the firing of FBI Director Comey.   

March 22, 2019: The Mueller report was issued.  The main findings of the report are as follows:

• Russian interference in the 2016 presidential election was illegal and occurred in sweeping and systemic fashion.
• There was no evidence that members of the Trump campaign conspired or coordinated with the Russian government in its U.S. election interference activities.
• Several people connected to the Trump campaign made false statements and obstructed investigations.
• The investigation did not conclude that President Trump committed a crime, but it did not exonerate him. Since Mueller had no authority to indict or prosecute a sitting president, he left it to Congress to decide whether Trump obstructed justice and to take action accordingly.

May 2019: Attorney General William Barr appointed U.S. Attorney John Durham to lead a probe into the origins of the FBI's Crossfire Hurricane investigation and the Mueller special counsel investigation.

December 8, 2019: Michael Horowitz, the Inspector General of the Department of Justice, issued a report on the findings of his investigation, started in early 2018, into how the FBI came to investigate the Trump campaign’s possible links to Russia. In his report, Horowitz concluded that the FBI had a legitimate purpose in opening its investigation known as Crossfire Hurricane, and that there was no evidence that political bias or improper motivation influenced the decisions to open investigations into some of Trump’s campaign advisors.

But the Horowitz report was critical of how the FBI handled the applications for surveillance under the Foreign Intelligence Surveillance Act, targeting Trump campaign aide Carter Page. The report outlined “serious performance failures” requiring major changes. Horowitz also called for greater oversight before the FBI opens a politically sensitive investigation.
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Attorney General Barr and U.S. Attorney John Durham disagreed with Horowitz’s conclusion that the FBI was justified in opening the Crossfire Hurricane investigation. Barr urged Durham to continue his investigation into possible FBI missteps during the Trump-Russia investigation. According to Barr’s memoir, as the 2020 election neared, Donald Trump was angry that no charges were leveled against the FBI. 

October 19, 2020:  Attorney General William Barr Attorney appointed John Durham as a special counsel to provide him and his team the assurance that their investigation could continue regardless of the outcome of the 2020 presidential election.
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Durham Report: Issued on May 15, 2023, the 316-page Durham report was the conclusion of a 4 year investigation set in motion by Donald Trump’s Attorney General, William Barr. Pressured to do so by Donald Trump, Barr hoped to prove that the FBI’s investigation into possible collusion between Trump’s 2016 campaign and Russia was nothing more than a political witch hunt. But the report failed to do so, and provided no new revelations that hadn’t been previously reported by Robert Mueller and Michael Horowitz.

​The Durham report is highly critical of the FBI’s behavior, finding that the bureau acted too hastily and relied on raw and unconfirmed intelligence when it opened the Trump-Russia investigation. But the report does not recommend any new charges against any law enforcement officials or changes to FBI guidelines and policy.  Durham claims no political bias on the part of the FBI. He rightly points out certain individuals within the FBI who showed personal bias against Trump, but he could find no institutional bias. It seems to me that the Durham investigation was politically motivated, and a tool to help Donald Trump’s reelection chances.  

FBI’s Impact on 2016 Presidential Campaign: On July 10, 2015 the FBI opened a criminal investigation into Hillary Clinton’s handling of classified information while she was Secretary of State. As you may remember, this centered around the use of a personal server to store her government emails.
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On July 5, 2016 FBI Director James Comey issued a public statement indicating that the investigation was being closed with no recommendations for charges against Hillary Clinton. Then in late September of 2016, the FBI discovered a trove of emails from Hillary Clinton on the laptop of Anthony Weiner, the husband of Clinton aide Huma Abedin.
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On October 28, 2016 Director Comey informed Congress (and the world) of the existence of the newly found emails and that the investigation into Clinton would be reopened. It was highly unusual and consequential for the FBI to make this information known less than ten days before a presidential election. 

On November 6, 2016 Director Comey informed Congress that a review of the recently discovered Clinton emails provided no relevant information and the case would be closed. But with early voting underway in most states, the damage had already been done. The rest is history.
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Throughout most of the 2016 presidential campaign Hillary Clinton had the black cloud of “email-gate” hanging over her head. At the same time the American public had no idea that the FBI was investigating the Trump campaign for possible ties to Russia.  With all of Trump’s claims of a witch hunt, he fared much better at the hands of the FBI than did Hillary Clinton.

The 2024 presidential election is heating up, Donald Trump’s legal problems are mounting, and you have more important things to think about. So, you can be forgiven if you have forgotten all about the 2016 Trump-Russia investigation conducted by the FBI. The Durham report has brought the subject back front and center, and Donald Trump will use it to spin a narrative of “victimhood” throughout his campaign. Trump and his allies will continue to beat the drum of deep state conspiracies against him. But don’t buy it.

Let’s hope that no more public funds are spent on useless investigations that attempt to rewrite history and weave false narratives. Now go out and enjoy the summer months before things really get crazy.
 

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Thanks,
Armchair American