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The Durham Fiasco Is a Warning of What’s to Come

  

Category:  Op/Ed

Via:  hallux  •  last year  •  21 comments

By:   Michelle Goldberg - NYT

The Durham Fiasco Is a Warning of What’s to Come

S E E D E D   C O N T E N T



Thank goodness Speaker Kevin McCarthy has created a House subcommittee on the weaponization of the federal government!

Last week, The New York Times reported on an   outrageous example   of such weaponization, the flagrant use of federal law enforcement powers to target an administration’s political enemies. I’m talking, of course, about the John Durham special counsel investigation, which was meant to root out the ostensibly corrupt origins of Robert Mueller’s Russia investigation, and quickly came to embody the sins that Donald Trump and his allies projected onto the F.B.I.

Trump’s circle insisted, falsely, that the Mueller inquiry was a hit job that employed Russian disinformation — via the Steele dossier — to frame Trump, all part of a plot cooked up by the Hillary Clinton campaign. Durham seems to have bought into this Trumpist conspiracy theory, and to help prove it, he tried to employ what appears to be Russian disinformation to go after the Clinton camp. More specifically, he used dubious Russian intelligence memos, which analysts believed were seeded with falsehoods, to try to convince a court to give him access to the emails of a former aide to George Soros, which he believed would show Clinton-related wrongdoing.



Astonishingly, The Times found that while Trump’s attorney general Bill Barr and Durham were in Europe looking for evidence to discredit the Russia investigation, Italian officials gave them a “potentially explosive tip” linking Trump to “certain suspected financial crimes.” Rather than assign a new prosecutor to look into those suspected crimes, Barr folded the matter into Durham’s inquiry, giving Durham criminal prosecution powers for the first time.




Then the attorney general sat back while the media inferred that the criminal investigation must mean Durham had found evidence of malfeasance connected to Russiagate. Barr, usually shameless in his public spinning of the news, quietly let an investigation into Trump be used to cast aspersions on Trump’s perceived enemies. (The fate of that inquiry remains a mystery.)




This squalid episode is a note-perfect example of how Republican scandal-mongering operates. The right ascribes to its adversaries, whether in the Democratic Party or the putative deep state, monstrous corruption and elaborate conspiracies. Then, in the name of fighting back, it mimics the tactics it has accused its foes of using.

Look, for example, at the behavior that gave rise to Trump’s first impeachment. Trump falsely claimed that Joe Biden, as vice president, used the threat of withholding American loan guarantees to blackmail the Ukrainian government into doing his personal bidding. Hoping to get Ukraine’s president, Volodymyr Zelensky, to substantiate his lies, Trump tried to use the threat of withholding American aid to … blackmail the Ukrainian government into doing his personal bidding. The symmetry between accusations and counter-accusations, in turn, fosters a widespread cynicism about ever finding the truth.

It’s important to keep this in mind because we’re about to see a lot more of it. Now that they control the House, Republicans have prioritized investigating their political opponents. McCarthy has stacked the Oversight Committee, central to the House’s investigative apparatus, with flame-throwing fantasists, including Marjorie Taylor Greene, Paul Gosar and Lauren Boebert. Further, as Politico reported in a “ field guide ” to the coming Republican inquiries, McCarthy has urged Republicans to treat every committee like the Oversight Committee, meaning all investigations, all the time.



There are going to be investigations into Hunter Biden, and investigations into the origins of the pandemic. There will likely be scrutiny of the F.B.I.’s search of Mar-a-Lago and Biden’s handling of classified documents. And, as my colleague David Firestone on the editorial board   put it   over the weekend, “Republicans in the House are launching a new snipe hunt” for proof that the F.B.I. and other intelligence agencies were “weaponized” against conservatives.

These all promise to be congressional equivalents of the Durham inquiry. Certainly, most if not all congressional investigations are politically motivated, but there is nevertheless a difference between inquiries predicated on something real, and those, like the many investigations in the Benghazi attack, meant to troll for dirt and reify Fox News phantasms. House Democrats examined Trump’s interference  with the C.D.C. during the acute stage of the pandemic. House Republicans plan to  look into  what the Republican congressman Jim Banks termed the military’s “dangerous” Covid vaccine mandates. There might be an equivalence in the form of these two undertakings, but not in their empirical basis.

It remains to be seen whether our political media is up for the task of making these distinctions. The coverage of Trump and Biden’s respective retention of classified documents offers little cause for optimism. Again and again, journalists and pundits have noted that, while the two cases are very different, there are   seeming   similarities, and those similarities are good for Trump. This is something of a self-fulfilling prophecy, since by speculating about political narratives, you help create them.

“John Durham has already won,” said the   headline   of a Politico article from last year, noting his success in perpetuating the right’s fevered counter-history of Russiagate. Of course he didn’t win; he would go on to lose both cases arising from his investigation as well as the honorable reputation he had before he started it. What he did manage to do, however, was spread a lot of confusion and waste a lot of time. Now the Republican House picks up where he left off.






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Hallux
Professor Principal
1  seeder  Hallux    last year

Yay, political trench warfare wherein the fans of slinging mud will not be agile enough to duck. Using your opponent's tactics is indicative of a serious lack of imagination. The USA, like Wilde's Remarkable Rocket, is sinking deeper into the mud and her real enemies, both internal and external, will applaud every move. Pogo had something astute to say about this ...

 
 
 
Sean Treacy
Professor Principal
2  Sean Treacy    last year

This article's premise bears no relation to reality.  It's describing some alternate reality that exists only in the fever dreams of left wing conspiracy theorists. 

 
 
 
Hallux
Professor Principal
2.1  seeder  Hallux  replied to  Sean Treacy @2    last year

Obviously it does not chime with your scenario, I would not have expected you to take it any other way ... your bucket of whitewash is so deep it's shallow.

 
 
 
Sean Treacy
Professor Principal
2.1.1  Sean Treacy  replied to  Hallux @2.1    last year
The New York Times reported on an outrageous example of such weaponization, the flagrant use of federal law enforcement powers to target an administration’s political enemies. I’m talking, of course, about the John Durham special counsel investigatio

This is literally crazy talk.  Durham targeted Trump's enemies by investigating Trump!  The horror! Durham followed the evidence where it took him even though it could hurt Trump.   Investigating Trump is exactly what a pro Trump prosecutor with an agenda would do. 

A flagrant use of federal law enforcement powers to target enemies looks like this:

 
 
 
Hallux
Professor Principal
2.1.2  seeder  Hallux  replied to  Sean Treacy @2.1.1    last year

@!@

 
 
 
Ender
Professor Principal
2.1.3  Ender  replied to  Sean Treacy @2.1.1    last year

Hahaha   Some jackass assaults someone else and that is abuse of power?

 
 
 
Ronin2
Professor Quiet
2.2  Ronin2  replied to  Sean Treacy @2    last year

They seem to forget. Durham had no criminal indictments against Trump or his associates. He brought two against people involved with the Steele Dossier; and one for falsifying FISA data.

.

Maybe Clinesmith should have held out for a jury trial like the other two did? Might have lucked out with a Democrat appointed judge; and jury comprised entirely of DC Democrats like the other two. 

As many as three Hillary Clinton donors — including one who also supported US Rep. Alexandria Ocasio-Cortez — are among the prospective jurors for former Clinton campaign lawyer Michael Sussmann’s trial .

Special counsel John Durham’s team objected to putting one Clinton contributor on the panel after the man said he would “strive for impartiality as best I can.”

But the prosecution was overruled by Washington, DC, federal Judge Christopher Cooper, who said the man — who works in public policy for Amazon and appeared to be in his 40s —  “expressed a high degree of confidence” that he could be impartial.

Cooper, nominated by former President Barack Obama, also said Durham’s prosecutors could use one of its peremptory challenges to strike him from the panel for the trial, the first to result from his three-year probe into the government’s investigations of purported ties between former President Donald Trump and Russia.

Judges can only remove people from a jury pool if questioning reveals they’re not suited for service, including being biased in favor of one side or the other.

Durham sat behind his team in the courtroom’s well, taking notes during the jury selection process.

In 2016, DC voters favored Clinton over Trump, 90.9% to 4.1%, and Democrats in the nation’s capital now outnumber Republicans, 76.5% to 5.4%, according to an April 30 tally posted online by the local Board of Elections.

Another Clinton supporter, a former bartender who appeared to be in her 20s, said she’d also donated to progressive firebrand Ocasio-Cortez (D-The Bronx, Queens) but was put on the panel after a Sussmann defense lawyer told her that neither Clinton nor former President Donald Trump were on trial and asked if she could be impartial.

“Yes, knowing that,” she said.

Another woman, who appeared to be in her 40s, said she likely donated to Clinton’s 2016 campaign but wasn’t entirely sure.

Although the woman told prosecutor Michael Keilty that she had “a strong preference of one candidate over the other” in the election, she insisted she could be impartial.

A prospective juror who works at an engineering firm and appeared to be in her 30s said that her husband worked for Clinton’s 2008 presidential campaign but was allowed to remain on the panel after saying it wouldn’t affect her ability to be impartial

Another prospective juror who works for the Sierra Club and appeared to be in her 30s was questioned by Keilty about saying on a pre-screening questionnaire that she thought the criminal justice system was racist and “the police should be defunded.”

A treasure trove of looney toon leftists that the judge allowed; and in some instances forced onto the jury. Outcome was predetermined from the start. But just in case.....

A federal judge has turned down a request from Special Counsel John Durham for a ruling that a lawyer facing trial on a false statement charge was part of a wide-ranging “joint venture” involving Hillary Clinton’s presidential campaign, Democratic operatives, private investigation firm Fusion GPS and various technology researchers.

The decision issued Saturday afternoon by U.S. District Court Judge Christopher Cooper limits evidence and testimony prosecutors can offer against attorney Michael Sussmann at a jury trial set to get underway later this month.

The ruling spares the Clinton campaign and the Democratic National Committee the potential embarrassment of a federal judge finding they were part of a coordinated effort to level since-discredited allegations that candidate Donald Trump or his allies maintained a data link from Trump Tower to Russia’s Alfa Bank. The Clinton campaign disseminated that claim amid a broader effort to call out Trump’s ties to Russia at a time when U.S. intelligence agencies had revealed efforts by the Russian government to interfere in the 2016 election.

Durham has charged Sussmann — whose firm at the time, Perkins Coie, represented the Clinton camp and Democratic National Committee — with lying to the FBI in September 2016, when he approached the bureau’s top lawyer James Baker with what he described as evidence of links between Trump Tower and Alfa Bank.

Prosecutors say Sussmann presented his tip to Baker as simply a good-faith attempt to protect national security, when he was actually acting on behalf of the campaign and tech researchers he represented. Cooper said that permitting prosecutors to lay out evidence of such a broad, political conspiracy would amount to a “time-consuming and largely unnecessary mini-trial,” considering Durham has not charged Sussmann with conspiracy but only with a “narrow” false statement to the FBI.

Nothing like stacking the deck to ensure the outcome of a trial.

Two tier justice system working at it's finest.

 
 
 
evilone
Professor Guide
3  evilone    last year

I'm certain the GOP won't go overboard and hang the the more moderate conservatives in swing districts out to dry. McCarthy will reign in those overzealous members like Large Marge Green. The Speaker has complete control of his members! Hahahaha. Fucking clown shoes...

It won't happen, but it would be funny if Biden pulled the rug from under these committees by proclaiming he will retire from politics after this term is done. It wouldn't stop the "investigations" but it would take all the fun out any perceived gotcha's the GOP might latch onto concerning Uncle Joe.

 
 
 
Greg Jones
Professor Participates
4  Greg Jones    last year

The facts that led to the baseless and fraudulent Mueller investigation solid and are well documented.

The leftist turds can deny and deflect all day long, but that doesn't alter the truth.

For having committed no wrongs and having nothing to hide, the progressives sure seem to be worried about upcoming investigations.

 
 
 
Hallux
Professor Principal
4.1  seeder  Hallux  replied to  Greg Jones @4    last year
the progressives sure seem to be worried about upcoming investigations.

This one likes a circus and as with Benghazi that is what it will be.

 
 
 
evilone
Professor Guide
4.2  evilone  replied to  Greg Jones @4    last year
The facts that led to the baseless and fraudulent Mueller investigation solid and are well documented.

There were 34 individuals and 3 companies indicted that resulted in 8 guilty pleas, and a conviction at trial from the Mueller investigation. The Durham investigation resulted in 3 indictments with one guilty plea and no convictions in trial.

 
 
 
Jeremy Retired in NC
Professor Expert
4.2.1  Jeremy Retired in NC  replied to  evilone @4.2    last year
There were 34 individuals and 3 companies indicted that resulted in 8 guilty pleas, and a conviction at trial from the Mueller investigation

And not a single one of them are for what Mueller was to be investigating.  But then again, it looks to be that you are just fine with how this all come about (i.e. lies to, well, EVERYBODY up to and including FISA Judges).

 
 
 
evilone
Professor Guide
4.2.2  evilone  replied to  Jeremy Retired in NC @4.2.1    last year
And not a single one of them are for what Mueller was to be investigating.

Oh, right. I forgot. Flynn, Papadopoulos and company weren't really talking to Russians during the election. The Democrat AG that assigned Mueller should... oh wait that was another of Trump's own Republican stooges. Oh well never mind.

Seriously though, the FBI lawyer got caught fudging paperwork and he was punished for it. Many people warned about potential abuses of the FISA court when Congress (under Bush) set it up, but here we are.

 
 
 
Jeremy Retired in NC
Professor Expert
4.2.3  Jeremy Retired in NC  replied to  evilone @4.2.2    last year
Oh, right. I forgot.

Apparently you did.  If the DOJ hadn't lied to FISA courts none of it would have happened.  But, don't let that fact stop you from your spread of misinformation.

 
 
 
Sean Treacy
Professor Principal
4.2.4  Sean Treacy  replied to  evilone @4.2.2    last year
Flynn, Papadopoulos and company weren't really talking to Russians during the election.

They weren't.

Flynn talked to a Russians about not sanctioning Israel  after the election and Papadopulous got drunk and talked to an Australian diplomat. 

 
 
 
evilone
Professor Guide
4.2.5  evilone  replied to  Sean Treacy @4.2.4    last year
They weren't.

That's why Trump threw them under the bus and they both plead guilty.

 
 
 
evilone
Professor Guide
4.2.6  evilone  replied to  Jeremy Retired in NC @4.2.3    last year
But, don't let that fact stop you from your spread of misinformation.

When you actually have facts we'll talk. Hint - you won't get them from RT, Just The News, OAN or The Heritage Foundation. 

 
 
 
Jeremy Retired in NC
Professor Expert
4.2.7  Jeremy Retired in NC  replied to  evilone @4.2.6    last year
When you actually have facts we'll talk.

Lets see, you've been told twice in just this thread that you're wrong and you still persist.  That's some dedication to the false narrative.  But lets talk:

Hint - you won't get them from RT, Just The News, OAN or The Heritage Foundation. 

I suppose you expect me to use your bloggers like those on CNN and MSNBC.  I'll stick with the facts:

 
 
 
evilone
Professor Guide
4.2.8  evilone  replied to  Jeremy Retired in NC @4.2.7    last year
...you've been told twice in just this thread that you're wrong and you still persist. 

Yes you told me I was wrong in saying Flynn didn't speak to the Russians. FROM YOUR OWN LINK - 

During the interview, FLYNN falsely stated that he did not ask Russia's Ambassador to the United States ("Russian Ambassador") to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia. FLYNN also falsely stated that he did not remember a follow-up conversation in which the Russian Ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of FL YNN's request. In truth and in fact, however, FLYNN then and there knew that the following had occurred:

That seems to back up my point. What was your point again?

I'll stick with the facts

Flynn, Papadopoulos & Manafort, did, in fact, talk to Russian agents during the election. Flynn & Papadopoulos pled guilty for lying about it to the FBI - Manafort was convicted on 8 of 18 felony counts, including five counts of filing false tax returns, two counts of bank fraud, and one count of failing to disclose a foreign bank account while working for Russian oligarchs. At a later trial he pleaded guilty to conspiracy to defraud the United States and witness tampering.

These are undisputable public records, or facts. I don't give two shits about anything else you might think is relevant. 

 
 
 
Sean Treacy
Professor Principal
4.2.9  Sean Treacy  replied to  evilone @4.2.8    last year
ld me I was wrong in saying Flynn didn't speak to the Russians. FROM YOUR OWN LINK -

You claimed it was DURING the election. Read the link again.  The conversation occurred after the election and did not involve it. 

. Flynn & Papadopoulos pled guilty for lying about it to the FBI -

No they didn't. Stop making things up. 

of 18 felony counts, including five counts of filing false tax returns, two counts of bank fraud, and one count of failing to disclose a foreign bank account while working for Russian oligarchs. 

Manafort's crimes had nothing to do with the election.

Why can't you be honest about what crimes Mueller charged people with? It speaks volumes that you have to rely on half truths, misstatements and misleading summaries of what happened.   

 
 

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