OPINION: This article may contain commentary which reflects the author's opinion.
Special Counsel John Durham began his investigation several years ago into the origins of the probe into former President Donald Trump allegedly colluding with Russia during the 2016 election.
Durham’s probe, which began in April 2019, may finally be nearing an end.
Attorney General Merrick Garland said Tuesday that he has not received a final report from Durham and informed reporters to speak to the special counsel’s office about any questions pertaining to the probe.
“I haven’t received the report and any other questions I suggest you reach out to Mr. Durham,” Garland said Tuesday.
During testimony last month before the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, Garland hinted that he expects Durham’s investigation to be done in the near future.
“The rare update on Durham’s inquiry into potential misconduct in the Trump-Russia probe came during testimony before a Senate committee. Sen. John Kennedy (R-LA) asked Garland about why former Hillary Clinton campaign attorney Michael Sussmann, who was found not guilty of lying to the FBI in a blow to Durham’s investigation, apparently had a badge to get into the bureau’s headquarters in the run-up to the 2016 election,” The Daily Wire reported.
“On the particular question about Sussman, I think we’re going to have to wait until Mr. Durham finishes his report, which should be relatively soon,” the attorney general said.
“I certainly don’t in any way want to interfere with him,” he said. “And he’s the one who would know the answer to that. On the more general question, I can certainly ask my team to look into how lawyers have special badges.”
Democrats, however, are making moves of their own.
An Obama-era spokesman for the Department of Justice believes that Special Counsel John Durham should not get the final say over his own report. Matthew Miller — who served as the director of the Department of Justice’s public affairs office between 2009 and 2011 — said that Attorney General Merrick Garland, or another high-ranking official within the department, should review the report before it is shared with Americans.
“His cases are over. I think it’s clear that he’s not going to bring any more charges in this investigation, but one of the requirements for special counsels under the regulations is that they write a confidential report and submit it to the attorney general, and the attorney general then makes a decision whether to release that report to the public,” he said.
“I think Merrick Garland will be under a lot of pressure from Republicans to release that report, but I have to say, this circumstance is very different from the Mueller investigation, where, obviously, the attorney general, Bill Barr, did release that report,” the former spokesman said.
“But it does not have to be the last word. Lots of times in the past — there’s ample precedent for this — when reports like this have been written by the Justice Department, the leadership decides whether that actually reflects their view,” he said. “John Durham does not get to be the final arbiter of what the Justice Department believes, so it would be appropriate for Merrick Garland to either review it and come up with his conclusions or, maybe more appropriately, refer it to the senior career official.”
But it gets worse.
Senate Democrats are mulling action against Durham as he prepares to release an investigative report following his more than two-year probe into the origins of the false ‘Trump-Russia collusion’ narrative.
Democrats on the Senate Judiciary Committee were responding to a well-timed New York Times report over claiming that there were ethical concerns during the investigation that led to several staff departures. They included alleged concerns over former Attorney General William Barr’s involvement in the probe, as well as the decision to go to trial lacking sufficient evidence.
“These reports about abuses in Special Counsel Durham’s investigation — so outrageous that even his longtime colleagues quit in protest — are but one of many instances where former President Trump and his allies weaponized the Justice Department,” committee Chairman Dick Durbin (D-Ill.) noted in a statement.
“The Justice Department should work on behalf of the American people, not for the personal benefit of any president. As we wait for the results of ongoing internal reviews, the Senate Judiciary Committee will do its part and take a hard look at these repeated episodes, and the regulations and policies that enabled them, to ensure such abuses of power cannot happen again,” he said.
The DOJ previously suggested that when Durham finishes his investigation, his report will likely be made public.
