The glaring omission in John Durham’s four-year investigation
Story by Elizabeth Stauffer, Washington Examiner, 6/27/23
At the end of a four-year investigation, special counsel John Durham determined the FBI should never have opened Crossfire Hurricane, its spurious counterintelligence investigation into then-candidate Donald Trump’s presidential campaign. He concluded that the investigation, opened on July 31, 2016, was begun for purely political reasons.
The Durham report states that on Aug. 3, 2016, then-President Barack Obama and his national security team were briefed by then-CIA Director John Brennan on the Hillary Clinton campaign’s plan to use a bogus dossier to deflect from the growing scandal around her use of a private server as secretary of state. Briefing attendees included then-Vice President Joe Biden, then-Attorney General Loretta Lynch, and then-FBI Director James Comey.
Moreover, a month later, Brennan repeated this information to Comey and then-Deputy Assistant Director of Counterintelligence Peter Strzok in a CIA investigative referral.
In a just world, this information should have ended the FBI’s investigation. Yet rather than sharing this intelligence with the agents working on the case, Comey and Strzok kept this information to themselves and allowed the charade to continue. And unbelievably, following Trump’s decision to fire Comey, then-acting Attorney General Rod Rosenstein escalated the inquiry to a special counsel investigation that overshadowed the first two years of his presidency.
Durham’s May 12 report concluded what most of us knew all along: There was no legal basis for the investigation or the Mueller inquiry that followed. According to Durham, the Department of Justice and the FBI had “failed to uphold their important mission of strict fidelity to the law.”
Yet no one was held responsible for the hoax that had preoccupied the nation for nearly three years. Why weren’t Clinton, Obama, Comey, Strzok, and all the others who were “in on it” held to account for what was a serious abuse of power? They weren’t even questioned by investigators.
Durham had the authority to subpoena these people. Why didn’t he use it? The report doesn’t say.
Nor did Durham offer a satisfactory explanation during his testimony before the House Judiciary Committee last week.
Calling the findings “sobering,” he told lawmakers, “The problems identified in the report are not susceptible to overnight fixes.” He said, “They cannot be addressed solely by enhancing training or additional policy requirements. Rather, what is required is accountability, both in terms of the standards through which our law enforcement personnel hold themselves and in the consequences they face for violation of laws and policies of relevance.”
Durham added that if ignored, “these issues could result in significant national security risks and further erode the public’s faith and confidence in our justice system.”
Rep. Matt Gaetz (R-FL) let loose on the special counsel in his trademark fashion, accusing him of being part of the “cover-up.” He said, “Your report seems to be less an indictment of the FBI and more an inoculation. … When you are part of the cover-up, Mr. Durham, you make our jobs harder.”
Durham replied, “I was away from my family for four years essentially doing this investigation — in my view, it’s a sincere effort. … We pursued the facts as best we could with the facts we had.”
In a May 24 letter to Durham, Sens. Ron Johnson (R-WI) and Chuck Grassley (R-IA) questioned why those most responsible for the unwarranted investigation were not subpoenaed. The senators noted that according to the final report, “Several high-level former government officials directly involved in Crossfire Hurricane either declined or partially declined to cooperate with your investigation.”
The letter highlighted references in the report to key figures involved in the hoax and their refusals to cooperate, including:
James Comey declined to be interviewed.
Andrew McCabe, through his counsel, did not agree to be interviewed by your office even after your office ‘offered to narrow the scope of subjects to be asked about.’
Peter Strzok agreed to provide information to your office ‘concerning matters related to the FBI’s Alfa Bank investigation, but otherwise declined to be interviewed by [your office] on matters related to his role in the Crossfire Hurricane investigation.’
…
Glenn Simpson, of Fusion GPS, declined to be interviewed.
The senators pointed out that over 22 months, the Mueller team had “issued more than 2,800 subpoenas and executed nearly 500 search warrants,” while over four years, the Durham team “served more than 190 subpoenas under the auspices of grand juries” and “executed seven search warrants.” They noted, “It seems odd that individuals would be allowed to avoid fully cooperating with your office, particularly given your authority to compel testimony and records.”
Johnson and Grassley concluded with a request for “detailed information” on any people who refused to cooperate with the investigation and asked Durham to “provide the information no later than May 30, 2023.” It’s unclear if the special counsel responded.
While the Durham report exonerated Trump, it failed to zero in on the massive conspiracy among high-ranking Obama administration officials, including the president himself, who aided and abetted Clinton’s despicable plan to tie Trump to the Kremlin.
It defies belief that these people were able to escape scrutiny by the special counsel team.