Topline
Special Counsel John Durham opened a criminal investigation into potential financial crimes involving former President Donald Trump at former Attorney General William Barr’s request, the New York Times reported Thursday, part of Durham’s years-long investigation into the FBI’s Russia probe.
Then-President Donald Trump makes a statement with Attorney General William Barr at the White House … [+]
Key Facts
Durham has been investigating the FBI’s probe into Russian interference in the 2016 election since May 2019, after Trump and his allies attacked that investigation as a “witch hunt” that shouldn’t have been opened in the first place.
While working on that investigation, Durham and Barr were given a “potentially explosive tip linking Mr. Trump to certain suspected financial crimes” by Italian officials, the Times reports, which did not “fall squarely” into the investigation’s purview of the FBI Russia probe.
It’s unclear what exactly the details of that potential crime are, but the Times reports the allegations were “too serious and credible to ignore,” and Barr directed Durham to investigate the claims as part of his existing probe, giving him power to take steps like issuing subpoenas and convening a grand jury.
The investigation never resulted in any charges against Trump or anyone else, and it’s still unclear what the scope of it was, the Times notes.
Reports emerged in October 2019 that the Durham investigation had opened a criminal inquiry—including by the Times—but the assumption was that it involved potential wrongdoing in the Russia investigation itself, and Barr never clarified that the allegations being investigated actually instead involved Trump.
Trump’s office has not yet responded to a request for comment.
Key Background
The FBI’s investigation into whether Trump’s 2016 campaign colluded with Russia, which was ultimately led by special prosecutor Robert Mueller, has long been a target of Trump and his allies. While the probe did not result in any charges against Trump or his campaign staff, it didn’t rule out that he committed crimes either, with the report noting, “While this report does not conclude that the President committed a crime, it also does not exonerate him.” Durham was appointed months later to examine the investigation, and his years-long probe has so far only resulted in a handful of charges, none of which have involved major corruption. Durham indicted two people for making false statements or lying to federal investigators, both of whom were acquitted. Durham also negotiated a plea deal with a former FBI lawyer indicted for falsifying a document, which did not result in any prison time. The probe had cost U.S. taxpayers at least $6.5 million as of the end of 2022, according to the Justice Department.
What We Don’t Know
What Durham’s final findings in his investigation will be, though the Times report suggests they’re unlikely to be explosive. According to the Times, the probe has not “uncover[ed] anything like the deep state plot” that Trump and his allies alleged was at the heart of the FBI’s Russia investigation, and Durham let a grand jury he convened as part of the probe expire in September without bringing any further charges. Durham is in the final stages of his investigation and is still working on his final report, the Times reports, which had previously been slated to be completed by the end of 2022. It will then be up to Attorney General Merrick Garland to determine whether it should be made public.
Tangent
The Times investigation reports the Durham investigation was subject to prosecutorial issues itself, after it took aim at the initial Russia probe for similar missteps. Durham sought an order to seize private emails from Leonard Bernardo, a vice president at George Soros’ Open Society Foundations, based on memos that were distrusted by the intelligence community and may have been “deliberately seeded” with misinformation by Russia, the Times reports. Some of his aides also resigned over disputes over prosecutorial ethics, the Times reports, and prosecutors working for him repeatedly pushed back on his decisions to bring charges in the investigation, believing the basis for doing so was too flimsy.
Further Reading
Barr Pressed Durham to Find Flaws in the Russia Investigation. It Didn’t Go Well. (New York Times)
Justice Dept. Is Said to Open Criminal Inquiry Into Its Own Russia Investigation (New York Times)
Durham Inquiry Appears to Wind Down as Grand Jury Expires (New York Times)
Durham’s probe of Russia investigation has cost taxpayers at least $6.5 million (Washington Post)
Source: https://www.forbes.com/sites/alisondurkee/2023/01/26/trumps-own-appointees-reportedly-opened-criminal-investigation-into-him-as-part-of-durham-russia-probe/