An investigation into the origins of the FBI’s probe into ties between Russia and Donald Trump’s 2016 presidential campaign has finally been concluded, with the prosecutor leading the inquiry submitting a much-awaited report that found major flaws.
The report, the culmination of a four-year investigation into possible misconduct by US government officials, contained withering criticism for the FBI but few significant revelations.
A look at the investigation and the report:
Durham has spent decades as a Justice Department prosecutor, with past assignments including investigations into the FBI’s cosy relationship with mobsters in Boston and the CIA’s destruction of videotapes of its harsh interrogations of terrorism subjects.
He was appointed in 2019 to investigate potential misconduct by U.S. government officials as they examined Russian election interference in 2016 and whether there was any illegal coordination between the Kremlin and Trump’s presidential campaign.
WERE THERE PROBLEMS WITH THE RUSSIA INVESTIGATION?
Yes, and a Justice Department inspector general inquiry already identified many.
The watchdog report found that FBI applications for warrants to eavesdrop on a former Trump campaign aide, Carter Page, contained significant errors and omitted information that would likely have weakened or undermined the premise of the application.
The cumulative effect of those errors, the report said, was to make it “appear that the information supporting probable cause was stronger than was actually the case.”
WHAT CRIMINAL CASES DID HE BRING AND WHAT WAS THE OUTCOME?
Durham brought three prosecution during his tenure, but only one resulted in a conviction – and that was for a case referred to him by the Justice Department inspector general. None of the three undid core findings by Mueller that Russia had interfered with the 2016 election in sweeping fashion and that the Trump campaign had welcomed, rather than discouraged, the help.
A former FBI lawyer, Kevin Clinesmith, pleaded guilty in 2020 to altering an email related to the surveillance of ex-Trump campaign aide. He was given probation.
But two other cases, both involving alleged false statements to the FBI, resulted in acquittals by jury.
Michael Sussmann, a lawyer for the Hillary Clinton campaign, was found not guilty of lying to the FBI during a meeting in which he presented computer data information that he wanted the FBI to investigate. A different jury acquitted Igor Danchenko, a Russian-American analyst, of charges that he lied to the FBI about his role in the creation of a discredited dossier about Trump.
WHAT SPECIFICALLY DID DURHAM FIND?
Durham found that the FBI acted too hastily and relied on raw and unconfirmed intelligence when it opened the Trump-Russia investigation.
He said at the time the probe was opened, the FBI had no information about any actual contact between Trump associates and Russian intelligence officials.
He also claimed that FBI investigators fell prone to “confirmation bias,” repeatedly ignoring or rationalising away information that could have undercut the premise of their investigation, and he noted that the FBI failed to corroborate a single substantive allegation from a dossier of research that it relied on during the course of the probe.
“An objective and honest assessment of these strands of information should have caused the FBI to question not only the predication for Crossfire Hurricane, but also to reflect on whether the FBI was being manipulated for political or other purposes,” the report said, using the FBI’s code name for the Trump-Russia probe. “Unfortunately, it did not.”
The FBI pointed out that it had long ago made dozens of corrective actions. Had those measures been in place in 2016, it says, the errors at the centre of the report could have been prevented.
It didn’t take long for Republicans in Congress to react. Republican Jim Jordan, who chairs the House Judiciary Committee, said he had invited Durham to testify on Capitol Hill next week. Trump, too, sought to seize on the report, saying it showed how the American public had been “scammed.”
Though the FBI says it’s already taken some steps, Durham did say it’s possible more reform could be needed.
Australian Associated Press