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'{{short description|American federal prosecutor}} {{Other people}} {{Use mdy dates|date=October 2019}}{{Use American English|date=May 2022}} {{Infobox officeholder | name = John Durham | image = John H. Durham.jpg | office = [[Special Counsel]] for the [[United States Department of Justice]] | appointer = [[William Barr]] | term_start = October 19, 2020 | term_end = | predecessor = ''Position established'' | successor = | office1 = [[United States Attorney]] for the [[United States District Court for the District of Connecticut|District of Connecticut]] | president1 = [[Donald Trump]]<br/>[[Joe Biden]] | term_start1 = February 22, 2018 | term_end1 = February 28, 2021<br/>Acting: October 28, 2017 – February 22, 2018 | predecessor1 = [[Deirdre M. Daly]] | successor1 = Leonard C. Boyle (acting) | term_start2 = Acting: January 20, 1997 | term_end2 = June 30, 1998 | president2 = [[Bill Clinton]] | predecessor2 = [[Christopher F. Droney]]<ref>{{Cite web|url=https://www.justice.gov/usao-ct/office|title=About the Office|date=March 18, 2015|website=justice.gov}}</ref> | successor2 = [[Stephen C. Robinson]] | birth_name = John Henry Durham | birth_date = {{birth date and age|1950|03|16}} | birth_place = [[Boston]], [[Massachusetts]], U.S. | death_date = | death_place = |awards = [[File:Attorney_General_Award_for_Exceptional_Service.png|50px]]<br/>Attorney General's Award for Exceptional Service<br/>[[File:Attorney_General’s_Award_for_Distinguished_Service.png|50px]]<br/>Attorney General's Award for Distinguished Service | party = [[Republican Party (United States)|Republican]]<ref>{{Cite web|url=https://www.courant.com/news/connecticut/hc-us-attorney-20171020-story.html|title=John Durham Named Interim U.S. Attorney; Presidential Nomination Expected|first=Edmund H.|last=Mahony |date=October 27, 2017 |website=[[Hartford Courant]] |access-date=October 24, 2019 }}</ref> | education = [[Colgate University]] ([[Bachelor of Arts|BA]])<br/>[[University of Connecticut School of Law]] ([[Juris Doctor|JD]]) }} '''John Henry Durham''' (born March 16, 1950)<ref name=lewis /><ref>{{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/Durham%20Senate%20Questionnaire%20(final%20public).pdf|title=Committee Questionnaire}}</ref><ref>{{cite book |last=Ford |first=Lois Mitchell |date=1979 |title=Descendants of David Mitchell of Burnton, Laurencekirk, Kincardineshire, Scotland}}</ref> is an American fuckwit who served as the [[United States Attorney]] for the [[United States District Court for the District of Connecticut|District of Connecticut]] (D.C.) from 2018 to 2021. By April 2019, he had been assigned to investigate the origins of the [[Federal Bureau of Investigation]] (FBI) [[Crossfire Hurricane (FBI investigation)|investigation]] into [[Russian interference in the 2016 U.S. elections]], and in October 2020 he was appointed [[special counsel]] for the [[United States Department of Justice|Department of Justice]] on that matter, a position he still holds his cock between his legs for. He previously served as an assistant U.S. attorney in various positions in D.C. for 35 years.<ref name="resign"/> He is known for his role as special prosecutor in [[2005 CIA interrogation videotapes destruction|the 2005 destruction of interrogation tapes]] created by the [[Central Intelligence Agency]] (CIA), during which he decided not to file any criminal charges related to the destruction of tapes of torture at a CIA facility.<ref name=lewis /> By April 2019, [[United States Attorney General|U.S. Attorney General]] [[William Barr]] had tasked Durham with overseeing a review of the origins of the Russia investigation and to determine if intelligence collection involving the Trump campaign was "lawful and appropriate".<ref name="review" /><ref>{{Cite news|last=Balsamo|first=Michael|date=May 14, 2019|title=AP source: Barr launches new look at origins of Russia probe|work=Associated Press|url=https://apnews.com/75e5c4efd5c74e6e9aa1ba0237a0e651?|access-date=2022-02-14}}</ref> Barr disclosed in December 2020 that he had elevated Durham's status to [[Special prosecutor|special]] retard in October, ensuring that his investigation could continue after the [[Trump administration]] ended.<ref>{{Cite web|url=https://www.seattletimes.com/nation-world/nation/barr-appoints-special-counsel-in-russia-probe-investigation/ |title=Barr appoints special counsel in Russia probe investigation |work=The Seattle Times |date=December 1, 2020 |access-date=September 9, 2021 |first1=Eric |last1=Tucker |first2=Michael |last2=Balsamo }}</ref><ref>{{cite news |url=https://apnews.com/article/donald-trump-connecticut-russia-william-barr-john-durham-54aa1bb2a6ae53116b4088f40b8ad654 |work=[[Associated Press]] |title=Durham remains special counsel overseeing Trump-Russia probe |first=Michael |last=Balsamo |date=February 27, 2021 |access-date=9 September 2021 }}</ref> == Early life and education == Durham was born in [[Boston]], [[Massachusetts]]. He earned a Bachelor of Arts degree from [[Colgate University]] in 1972 and a [[Juris Doctor]] from the [[University of Connecticut School of Law]] in 1975.<ref name="time">{{cite magazine|last=James|first=Randy|date=August 26, 2009|title=CIA Abuse Investigator John Durham|magazine=[[Time (magazine)|Time]]|url=http://content.time.com/time/nation/article/0,8599,1918738,00.html|access-date=July 10, 2017}}</ref><ref name=lewis>{{cite news |last=Lewis |first=Neil A. |author-link=Neil Lewis (journalist) |date=January 13, 2008 |title=Prosecutor Who Unraveled Corruption in Boston Turns to C.I.A. Tape Case |url=https://www.nytimes.com/2008/01/13/us/13durham.html?mcubz=0 |work=[[The New York Times]] |access-date=July 10, 2017 }}</ref> After graduation, he was a [[AmeriCorps VISTA|VISTA volunteer]] for two years (1975–1977) on the [[Crow Indian Reservation]] in Montana.<ref name="bio" /> == Career == === Connecticut state government === After Durham's volunteer work, he became a state prosecutor in Connecticut. From 1977 to 1978, he served as a Deputy Assistant State's Attorney in the Office of the Chief State's Attorney. From 1978 to 1982, Durham served as an Assistant State's Attorney in the New Haven State's Attorney's Office.<ref name=bio>{{cite web |title=John H. Durham Sworn in as United States Attorney |url=https://www.justice.gov/usao-ct/pr/john-h-durham-sworn-united-states-attorney |publisher=United States Department of Justice |access-date=June 17, 2019|date=February 22, 2018 }}</ref> === Federal government === Following those five years as a state prosecutor, Durham became a federal prosecutor, joining the [[United States Attorney|U.S. Attorney's Office]] for the District of Connecticut.<ref name=time /> From 1982 to 1989, he served as an attorney and then supervisor in the New Haven Field Office of the Boston Strike Force in the Justice Department's Organized Crime and Racketeering Section. From 1989 to 1994, he served as Chief of the Office's Criminal Division. From 1994 to 2008, he served as the Deputy U.S. Attorney, and served as the U.S. Attorney in an acting and interim capacity in 1997 and 1998.<ref name=bio/><ref>{{cite news |last1=McBride |first1=Jessica |title=John H. Durham: 5 Fast Facts You Need to Know |url=https://heavy.com/news/2019/05/john-h-durham/ |access-date=June 17, 2019 |publisher=Heavy.com |date=May 14, 2019}}</ref> In December 2000, Durham revealed secret [[Federal Bureau of Investigation]] (FBI) documents that convinced a judge to vacate the 1968 murder convictions of [[Enrico Tameleo]], Joseph Salvati, [[Patriarca crime family#Past members|Peter J. Limone]] and Louis Greco because they had been framed by the agency. In 2007, the documents helped Salvati, Limone, and the families of the two other men, who had died in prison, win a $101.7 million civil judgment against the government.<ref name=Murphy>{{cite news |url=http://www.boston.com/news/local/articles/2008/01/07/us_prosecutors_tenacity_is_rewarded/ |title=US prosecutor's tenacity is rewarded |first=Shelley |last=Murphy |website=[[Boston.com]] |date=January 7, 2008}} {{subscription required}}</ref> In 2008, Durham led an inquiry into allegations that FBI agents and [[Boston Police]] had ties with the [[mafia]].<ref>{{cite web|last=Politi|first=Daniel|date=January 3, 2008|title=The Jump Off|url=http://www.slate.com/id/2181253/|access-date=2022-02-14|website=Slate}}</ref> He also led a series of high-profile prosecutions in [[Connecticut]] against the [[New England Mafia]] and corrupt politicians, including former [[Connecticut governor|governor]] [[John G. Rowland]].<ref name=Murphy/> From 2008 to 2012, Durham served as the acting U.S. Attorney for the [[United States District Court for the Eastern District of Virginia|Eastern District of Virginia]].<ref name=bio/> On November 1, 2017, he was nominated by President [[Donald Trump]] to serve as [[United States Attorney|U.S. Attorney]] for Connecticut.<ref name=courant>{{cite news |last=Mahony |first=Edmund H. |date=November 1, 2017 |title=President Trump Nominates John Durham To Be U.S. Attorney |url=http://www.courant.com/news/connecticut/hc-trump-nominates-durham-20171101-story.html |work=[[Hartford Courant]] |access-date=November 1, 2017}}</ref> On February 16, 2018, his nomination was confirmed by [[voice vote]] of the Senate. He was sworn in on February 22, 2018.<ref name=bio/> Attorney General [[William Barr]] secretly appointed Durham Special Counsel on October 19, 2020.<ref name="special">{{cite news |last=Savage |first=Charlie |url=https://www.nytimes.com/2020/12/01/us/politics/john-durham-special-counsel-russia-investigation.html |title=Barr Makes Durham a Special Counsel in a Bid to Entrench Scrutiny of the Russia Inquiry |work=[[The New York Times]] |date=December 1, 2020 |access-date=June 11, 2021}}</ref> Durham resigned as U.S. Attorney effective February 28, 2021.<ref name="resign">{{cite news |url=https://www.nbcconnecticut.com/news/local/u-s-attorney-for-connecticut-john-durham-resigns/2432294/ |title= U.S. Attorney For Connecticut John Durham Resigns |work=NBC Connecticut |date=February 26, 2021 |access-date=June 11, 2021}}</ref> He was one of 56 remaining Trump-appointed U.S. Attorneys President [[Joe Biden]] asked to resign in February 2021.<ref name="mb">{{Cite web |last=Balsamo |first=Michael |date=2021-04-28 |title=Justice Dept. seeks resignations of Trump-era US attorneys |url=https://apnews.com/article/donald-trump-politics-biden-cabinet-b48026fe9d00fe9b046ba8087bec1262 |access-date=2022-05-31 |website=[[Associated Press]] |language=en}}</ref> He remains Special Counsel as of September 2021.<ref name="mb"/> === Appointments as special investigator === ==== Whitey Bulger case ==== Amid allegations that FBI [[informant]]s [[James "Whitey" Bulger]] and [[Stephen "The Rifleman" Flemmi]] had corrupted their handlers, [[US Attorney General]] [[Janet Reno]] named Durham [[special prosecutor]] in 1999. He oversaw a task force of FBI agents brought in from other offices to investigate the [[Boston]] office's handling of informants.<ref name=Murphy/> In 2002, Durham helped secure the conviction of retired FBI agent [[John J. Connolly Jr.]], who was sentenced to 10 years in prison on federal [[racketeering]] charges for protecting Bulger and Flemmi from prosecution and warning Bulger to flee just before the gangster's 1995 indictment.<ref name=Murphy/> Durham's task force also gathered evidence against retired FBI agent [[H. Paul Rico]] who was indicted in [[Oklahoma]] on state charges that he helped Bulger and Flemmi kill a [[Tulsa]] businessman in 1981. Rico died in 2004 before the case went to trial.<ref name=Murphy/> ==== CIA interrogation tapes destruction ==== In 2008, Durham was appointed by Attorney General [[Michael Mukasey]] to investigate [[2005 CIA interrogation videotapes destruction|the destruction of CIA videotapes]] of detainee interrogations.<ref>{{cite news| url=http://www.huffingtonpost.com/2009/08/24/holder-to-appoint-special_n_267385.html | work=Huffington Post | first=Lila | last=Shapiro | title='Inhumane' CIA Terror Tactics Spur Criminal Probe | date=August 24, 2009 }}</ref><ref>{{cite news |url=https://www.reuters.com/article/us-security-cia-idUSWAT00861320080102 |first=Randall |last=Mikkelsen |title=U.S. launches criminal probe into CIA tapes |work=[[Reuters]] |date=January 2, 2008 |access-date=August 30, 2021 |url-status=live }}</ref><ref>{{cite news |url=http://www.seattlepi.com/national/1152ap_cia_videotapes.html |title=Veteran prosecutor takes over CIA probe |first=Matt |last=Apuzzo |publisher=Seattle Post-Intelligencer |date=January 3, 2008}}</ref> On November 8, 2010, Durham closed the investigation without recommending any criminal charges be filed.<ref name=nyt9Dec2010 >{{cite news| title=No Criminal Charges Sought Over C.I.A. Tapes |url=https://www.nytimes.com/2010/11/10/world/10tapes.html | first1=Mark | last1=Mazzetti | first2=Charlie |last2=Savage | date=November 9, 2010 | access-date=October 14, 2011 | newspaper=New York Times }}</ref> Durham's final report remains secret but was the subject of an unsuccessful lawsuit under the [[Freedom of Information Act (United States)|Freedom of Information Act]] filed by ''[[The New York Times]]'' reporter [[Charlie Savage]].<ref>{{cite news|url=https://www.nytimes.com/2018/05/10/us/politics/gina-haspel-cia-testimony-torture.html|title=Gina Haspel's Testimony About C.I.A. Torture Raises New Questions|last=Savage|first=Charlie|date=May 10, 2018|work=The New York Times|access-date=June 22, 2018|quote=Mr. Rodriguez and Ms. Haspel were later investigated by John Durham, an assistant United States attorney. Mr. Durham ultimately recommended filing no charges over the tape destruction, but his report laying out his findings and reasoning is secret. (The New York Times lost a Freedom of Information Act lawsuit to make it public.)}}</ref> ==== Torture investigation ==== In August 2009, Attorney General [[Eric Holder]] appointed Durham to lead the Justice Department's investigation of the legality of CIA's use of so-called "[[enhanced interrogation techniques]]" in the torture of detainees.<ref>{{cite news| url=https://www.washingtonpost.com/wp-dyn/content/article/2009/08/24/AR2009082401743.html?hpid=topnews | newspaper=The Washington Post | title=Holder Hires Prosecutor to Look Into Alleged CIA Interrogation Abuses | first=Carrie | last=Johnson | date=August 25, 2009 | access-date=May 6, 2010 }}</ref> Durham's mandate was to look at only those interrogations that had gone "beyond the officially sanctioned guidelines", with Attorney General Holder saying interrogators who had acted in "good faith" based on the guidance found in the [[Torture Memos]] issued by the Bush Justice Department were not to be prosecuted.<ref>{{cite news |first=Adam |last=Serwer |url=https://www.motherjones.com/politics/2012/08/durham-torture-cia-obama-holder |title=Investigation of Bush-era Torture Concludes With No Charges |work=[[Mother Jones (magazine)|Mother Jones]] |date=August 31, 2012 |access-date=May 14, 2019}}</ref> Later in 2009, [[University of Toledo]] law professor Benjamin G. Davis attended a conference where former officials of the Bush administration had told conference participants shocking stories, and accounts of illegality on the part of more senior Bush officials.<ref name="TheJurist2009-09-25">{{cite news|url=https://www.jurist.org/commentary/2009/09/torture-tales-calling-john-durham/ |title=Torture Tales: Calling John Durham|first=Benjamin G. |last=Davis|date=September 25, 2009|access-date=September 27, 2009|archive-url=https://web.archive.org/web/20090924192603/http://jurist.law.pitt.edu/forumy/2009/09/torture-tales-calling-john-durham.php|archive-date=September 24, 2009|url-status=live |publisher=[[JURIST]] }}</ref> Davis wrote an appeal to former Bush officials to take their accounts of illegality directly to Durham. A criminal investigation into the deaths of two detainees, [[Gul Rahman]] in Afghanistan and [[Death of Manadel al-Jamadi|Manadel al-Jamadi]] in Iraq, was opened in 2011. It was closed in 2012 with no charges filed.<ref>{{Cite news|url=https://www.nytimes.com/2012/08/31/us/holder-rules-out-prosecutions-in-cia-interrogations.html|title=Holder Rules Out Prosecutions in C.I.A. Interrogations|last=Shane|first=Scott|date=August 30, 2012|work=[[The New York Times]]|access-date=May 18, 2019|language=en-US|issn=0362-4331}}</ref><ref>{{Cite web|url=https://www.justice.gov/opa/pr/statement-attorney-general-eric-holder-closure-investigation-interrogation-certain-detainees|title=Statement of Attorney General Eric Holder on Closure of Investigation into the Interrogation of Certain Detainees|date=August 30, 2012|website=justice.gov|language=en|access-date=May 18, 2019}}</ref> === Special counsel to review origins of Trump-Russia investigation === Beginning in 2017, Trump and his allies alleged that the FBI investigation (known as [[Crossfire Hurricane (FBI investigation)|Crossfire Hurricane]]) of possible contacts between his associates and Russian officials (which led to the [[Mueller investigation]]) was a "hoax" or "witch hunt" that was baselessly initiated by his political enemies. In April 2019, Attorney General [[William Barr]] announced that he had launched a review of the origins of the FBI's investigation into [[Russian interference in the 2016 United States elections]]<ref>{{cite web|last=Johnson|first=Kevin|date=May 14, 2019|title=Attorney General taps top Connecticut federal prosecutor for review of Trump-Russia inquiry|url=https://www.usatoday.com/story/news/politics/2019/05/13/attorney-general-barr-john-durham-us-attorney-connecticut-review-trump-russia-investigation-origin/1195462001/|url-status=live|access-date=May 17, 2019|website=[[USA Today]]}}</ref><ref name="origins">{{cite news|url=https://www.nytimes.com/2019/05/13/us/politics/russia-investigation-justice-department-review.html|title=Barr Assigns U.S. Attorney in Connecticut to Review Origins of Russia Inquiry|last1=Goldman|first1=Adam|date=May 13, 2019|newspaper=[[The New York Times]]|access-date=May 14, 2019|last2=Savage|first2=Charlie|last3=Schmidt|first3=Michael S.}}</ref> and it was reported in May that he had assigned Durham to lead it several weeks earlier.<ref name="review"/> Durham was given the authority "to broadly examin[e] the government's collection of intelligence involving the Trump campaign's interactions with Russians," reviewing government documents and requesting voluntary witness statements.<ref name="review">{{cite news|last1=Savage|first1=Charlie|last2=Goldman|first2=Adam|last3=Fandos|first3=Nicholas|url=https://www.nytimes.com/2019/05/14/us/politics/russia-investigation-review.html|title=Scrutiny of Russia Investigation Is Said to Be a Review, Not a Criminal Inquiry|newspaper=[[The New York Times]]|date=May 14, 2019|access-date=May 17, 2019}}</ref> In December 2020, Barr revealed to Congress that he had secretly appointed Durham special counsel on October 19.<ref name="special"/> He stayed on in this capacity after he resigned as U.S. Attorney.<ref name="mb"/> The U.S. Justice Department's first official expenditure report for the special investigation showed that it had spent $1.5 million from Oct 19, 2020, to March 31, 2021; Durham was not required to report expenditures made before being designated special counsel.<ref>{{cite news |last=Strohm |first=Chris |url=https://www.bloomberg.com/news/articles/2021-05-28/special-counsel-spends-1-5-million-in-probe-of-russia-inquiry |title=Special Counsel Spends $1.5 Million in Probe of Russia Inquiry |work=[[Bloomberg News]] |date=May 28, 2021 |access-date=June 11, 2021}}</ref> As of November 2021 Durham had secured single-count indictments against two Americans for making a false statement, and a five-count false statement indictment against a Russian national.<ref>{{Cite web|url=https://www.npr.org/2021/01/29/962140325/ex-fbi-lawyer-sentenced-to-probation-for-actions-during-russia-investigation |title=Ex-FBI Lawyer Sentenced To Probation For Actions During Russia Investigation|first=Ryan|last=Lucas|date=January 29, 2021 |work=[[NPR]] |access-date=November 6, 2021 }}</ref><ref name="polantz">{{Cite web|url=https://www.cnn.com/2021/09/17/politics/michael-sussmann/index.html|title=Michael Sussmann, lawyer charged in Durham probe, pleads not guilty|first=Katelyn |last=Polantz |website=[[CNN]] |access-date=November 6, 2021 |date=September 17, 2021 }}</ref><ref name="cohen"/> ==== Investigation into origins of FBI investigation "Crossfire Hurricane"==== {{main|Russia investigation origins counter-narrative#Durham inquiry}} On October 24, 2019, it was reported that what had been a review of the Russia investigation was now a criminal probe into the matter. The Justice Department could now utilize subpoena power for both witness testimony and documents. Durham also had at his disposal the power to convene a grand jury and file criminal charges, if needed.<ref>{{Cite news |first=Jerry |last=Dunleavy |url=https://www.washingtonexaminer.com/news/john-durham-opens-criminal-inquiry-in-dojs-investigation-of-the-investigators|title=John Durham opens criminal inquiry in DOJ's investigation of the investigators|date=2019-10-25|website=Washington Examiner|language=en|access-date=2019-10-25}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2019/10/24/us/politics/john-durham-criminal-investigation.html|title=Justice Dept. Is Said to Open Criminal Inquiry Into Its Own Russia Investigation|last1=Benner|first1=Katie|date=2019-10-24|work=The New York Times|access-date=2019-10-25|last2=Goldman|first2=Adam|language=en-US|issn=0362-4331}}</ref> ''The New York Times'' reported on November 22 that the Justice Department inspector general had made a criminal referral to Durham regarding Kevin Clinesmith, an FBI attorney who had altered an email during the process of acquiring a wiretap warrant renewal on [[Carter Page]], and that referral appeared to be at least part of the reason Durham's investigation was elevated to criminal status.<ref>{{Cite news|url=https://www.nytimes.com/2019/11/22/us/politics/russia-investigation-inspector-general-report.html|title=Russia Inquiry Review Is Said to Criticize F.B.I. but Rebuff Claims of Biased Acts|first1=Adam|last1=Goldman|first2=Charlie|last2=Savage|date=November 22, 2019|newspaper=The New York Times}}</ref> On August 14, 2020, Clinesmith pleaded guilty to a felony violation of altering an email used to maintain Foreign Intelligence Surveillance Act (FISA) warrants. He changed an email to falsely add a claim that Page was "not a source" for the CIA, to a statement by the CIA liaison that Carter Page had a prior operational relationship with the CIA from 2008 to 2013.<ref>{{cite news |last=Kalmbacher |first=Colin |url=https://lawandcrime.com/high-profile/heres-what-we-know-about-fbi-attorney-2-kevin-clinesmith-the-first-person-charged-in-durham-probe/ |title=Here's What We Know About 'FBI Attorney 2' Kevin Clinesmith, the First Person Charged in Durham Probe |work=[[Law & Crime]] |date=August 14, 2020 |access-date=August 30, 2021 }}</ref><ref>{{Cite web |url=https://www.cnn.com/2020/08/14/politics/fbi-russia-clinesmith/index.html |access-date=9 September 2021 |date=August 14, 2020 |title=Former FBI lawyer set to plead guilty to altering email during Russia investigation |first1=Katelyn |last1=Polantz |first2=David |last2=Shortell |website=CNN}}</ref> The Page warrants began in October 2016, months after the FBI's Crossfire Hurricane investigation was opened, so Clinesmith's action and indictment were unrelated to the original basis of Durham's investigation into the origins of the FBI investigation.<ref>{{Cite web|url=https://www.cnn.com/2018/07/21/politics/fbi-carter-page-surveillance-warrant/index.html|title=FBI releases Carter Page surveillance warrant documents &#124; CNN Politics|first=By Jeremy Herb and David|last=Shortell|date=July 21, 2018|website=CNN}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2019/05/13/us/politics/russia-investigation-justice-department-review.html|title=Barr Assigns U.S. Attorney in Connecticut to Review Origins of Russia Inquiry|first1=Adam|last1=Goldman|first2=Charlie|last2=Savage|first3=Michael S.|last3=Schmidt|newspaper=The New York Times|date=May 14, 2019}}</ref> The day Justice Department inspector general [[Michael E. Horowitz|Michael Horowitz]] released his report on the 2016 FBI Crossfire Hurricane investigation, which found the investigation was properly predicated and debunked a number of conspiracy theories regarding its origins,<ref>{{cite news |author1=David Shortell, Evan Perez, Marshall Cohen and Katelyn Polantz |title=Inspector general: Start of FBI Russia probe was justified and unbiased but investigation had significant errors |url=https://edition.cnn.com/2019/12/09/politics/ig-horowitz-report-russia-trump/index.html |access-date=December 8, 2020 |work=CNN |publisher=CNN |date=December 9, 2019 |archive-url=https://web.archive.org/web/20201122173604/https://edition.cnn.com/2019/12/09/politics/ig-horowitz-report-russia-trump/index.html |archive-date=November 22, 2020}}</ref><ref>{{cite news |last1=Berman |first1=Dan |title=Takeaways from the inspector general's report into the FBI's Russia investigation |url=https://edition.cnn.com/2019/12/09/politics/takeaways-doj-ig-report/index.html |access-date=December 8, 2020 |work=CNN |publisher=CNN |date=December 9, 2019 |archive-url=https://web.archive.org/web/20201112025625/https://edition.cnn.com/2019/12/09/politics/takeaways-doj-ig-report/index.html |archive-date=November 12, 2020}}</ref> Durham issued a statement saying, "we do not agree with some of the report’s conclusions as to predication and how the FBI case was opened."<ref>{{Cite news|url=https://www.nytimes.com/2019/12/09/us/politics/fbi-ig-report-russia-investigation.html|title=Report on F.B.I. Russia Inquiry Finds Serious Errors but Debunks Anti-Trump Plot|first1=Charlie|last1=Savage|first2=Adam|last2=Goldman|first3=Katie|last3=Benner|date=December 9, 2019|newspaper=The New York Times}}</ref><ref>{{Cite web|url=https://www.justice.gov/usao-ct/pr/statement-us-attorney-john-h-durham |access-date=August 30, 2021 |title=Statement of U.S. Attorney John H. Durham|date=December 9, 2019|website=justice.gov}}</ref> Many observers inside and outside the Justice Department, including the inspector general, expressed surprise that Durham would issue such a statement, as federal investigators typically do not publicly comment on their ongoing investigations.<ref>{{Cite news|url=https://www.washingtonpost.com/national-security/john-durham-has-a-stellar-reputation-for-investigating-corruption-some-fear-his-work-for-barr-could-tarnish-it/2019/12/15/c68aa568-1d10-11ea-8d58-5ac3600967a1_story.html |date=December 16, 2019 |first2=Devlin |last2=Barrett |title=John Durham has a stellar reputation for investigating corruption. Some fear his work for Barr could tarnish it.|first1=Matt|last1=Zapotosky|newspaper=Washington Post}}</ref><ref>{{cite news |last1=Williamson |first1=Elizabeth |title=Durham Surprises Even Allies With Statement on F.B.I.'s Trump Case |url=https://www.nytimes.com/2019/12/23/us/politics/john-durham-fbi-russia.html |access-date=20 November 2020 |work=The New York Times |date=23 December 2019}}</ref> Barr also released a statement challenging the findings of the report.<ref>{{Cite web|url=https://www.justice.gov/opa/pr/statement-attorney-general-william-p-barr-inspector-generals-report-review-four-fisa |access-date=August 30, 2021 |title=Statement by Attorney General William P. Barr on the Inspector General's Report of the Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation|date=December 9, 2019|website=justice.gov}}</ref> Horowitz later testified to the Senate that prior to release of the report he had asked Durham for any information he had that might change the report's findings, but "none of the discussions changed our findings."<ref>{{Cite web|url=https://www.politico.com/news/2019/12/11/horowitz-barr-trump-russia-probe-082448 |first1=Josh |last1=Gerstein |first2=Natasha |last2=Bertrand |title=Horowitz pushes back at Barr over basis for Trump-Russia probe|website=[[Politico]] |date=December 11, 2019 |access-date=August 30, 2021 }}</ref> ''The Washington Post'' reported that Durham could not provide evidence of any setup by American intelligence.<ref>{{Cite news|url=https://www.washingtonpost.com/national-security/barrs-handpicked-prosecutor-tells-inspector-general-he-cant-back-right-wing-theory-that-russia-case-was-us-intelligence-setup/2019/12/04/17e084dc-16a9-11ea-9110-3b34ce1d92b1_story.html |date=December 4, 2019 |title=Barr's handpicked prosecutor tells inspector general he can't back right-wing theory that Russia case was U.S. intelligence setup |first1=Matt |last1=Zapotosky |newspaper=The Washington Post}}</ref> ''The New York Times'' reported in December 2019 that Durham was examining the role of former CIA director [[John O. Brennan|John Brennan]] in assessing Russian interference in 2016, requesting emails, call logs and other documents. Brennan had been a vocal critic of Trump and a target of the president's accusations of improper activities toward him. ''The Times'' reported Durham was specifically examining Brennan's views of the [[Steele dossier]] and what he said about it to the FBI and other intelligence agencies. Brennan and former director of national intelligence [[James Clapper]] had testified to Congress that the CIA and other intelligence agencies did not rely on the dossier in preparing the January 2017 [[Assessing Russian Activities and Intentions in Recent US Elections|intelligence community assessment of Russian interference]], and allies of Brennan said he disagreed with the FBI view that the dossier should be given significant weight, as the CIA characterized it as "internet rumor."<ref>{{Cite news|url=https://www.nytimes.com/2019/12/19/us/politics/durham-john-brennan-cia.html|title=Durham Is Scrutinizing Ex-C.I.A. Director's Role in Russian Interference Findings|first1=Katie|last1=Benner|first2=Julian E.|last2=Barnes|date=December 19, 2019|newspaper=The New York Times}}</ref> The ''Times'' reported in February 2020 that Durham was examining whether intelligence community officials, and specifically Brennan, had concealed or manipulated evidence of Russian interference to achieve a desired result. FBI and NSA officials told Durham that his pursuit of this line of inquiry was due to his misunderstanding of how the intelligence community functions.<ref>{{cite news |last1=Savage |first1=Charlie |last2=Goldman |first2=Adam |last3=Barnes |first3=Julian E. |title=Justice Dept. Is Investigating C.I.A. Resistance to Sharing Russia Secrets |url=https://www.nytimes.com/2020/02/13/us/politics/durham-cia-russia.html |access-date=February 29, 2020 |work=The New York Times |date=February 13, 2020}}</ref> Durham interviewed Brennan for eight hours on August 21, 2020, after which a Brennan advisor said Durham told Brennan he was not a subject or target of a criminal investigation, but rather a witness to events.<ref>{{Cite web|url=https://apnews.com/article/politics-us-news-74a309ec17f81e4b85ccc817a6341dc1 |title=Ex-CIA chief Brennan interviewed in Russia probe review |first=Eric |last=Tucker |date=August 22, 2020 |work=[[Associated Press]] |access-date=August 30, 2021 }}</ref> ''The New York Times'' reported in September 2020 that Durham had also sought documents and interviews regarding how the FBI handled an investigation into the [[Clinton Foundation]].<ref>{{Cite web|url=https://www.nytimes.com/2020/09/24/us/politics/durham-clinton-foundation-investigation.html|title=In Politically Charged Inquiry, Durham Sought Details About Scrutiny of Clintons|first1=Adam|last1=Goldman|first2=William K.|last2=Rashbaum|first3=Nicole|last3=Hong|date=September 24, 2020|work=The New York Times }}</ref> The FBI had investigated the Foundation and other matters related to Hillary Clinton, but had found no basis for prosecution, nor did [[John W. Huber|John Huber]], a U.S. attorney appointed by Trump's first attorney general [[Jeff Sessions]], after a two-year investigation ending in January 2020.<ref>{{cite news |title=Justice Dept. winds down Clinton-related inquiry once championed by Trump. It found nothing of consequence. |url=https://www.washingtonpost.com/national-security/justice-dept-winds-down-clinton-related-inquiry-once-championed-by-trump-it-found-nothing-of-consequence/2020/01/09/ca83932e-32f9-11ea-a053-dc6d944ba776_story.html|author1=Devlin Barrett|author2=Matt Zapotowski|newspaper=The Washington Post |date=January 9, 2020}}</ref><ref>{{Cite web|url=https://www.deseret.com/utah/2020/6/4/21280396/president-donald-trump-john-huber-hillary-clinton-jeff-sessions-investigation-doj-us-attorney|title=Trump calls Utah U.S. attorney 'garbage disposal unit' for ending Clinton probe|first=Dennis|last=Romboy|date=June 4, 2020|website=Deseret News}}</ref> On November 2, 2020, the day before the presidential election, ''New York'' magazine reported that: {{quote| According to two sources familiar with the probe, there has been no evidence found, after 18 months of investigation, to support Barr’s claims that Trump was targeted by politically biased Obama officials to prevent his election. (The probe remains ongoing.) In fact, the sources said, the Durham investigation has so far uncovered no evidence of any wrongdoing by Biden or Barack Obama, or that they were even involved with the Russia investigation.<ref name="Waas_11/2/2020">{{cite web | last=Waas | first=Murray | title=How Trump and Barr's October Surprise Went Bust | website=[[New York (magazine)|New York]] | date=November 2, 2020 | url=https://nymag.com/intelligencer/2020/11/durham-investigation-how-trumps-october-surprise-went-bust.html | access-date=November 4, 2020}}</ref>}} ==== Prosecution of Michael Sussmann ==== On September 16, 2021, Durham indicted [[Michael Sussmann]], a partner for the law firm [[Perkins Coie]], alleging he falsely told FBI general counsel [[James A. Baker (government attorney)|James Baker]] during a September 2016 meeting that he was not representing a client for their discussion. Durham alleged Sussmann was actually representing "a U.S. Technology Industry Executive, a U.S. Internet Company and the Hillary Clinton Presidential Campaign." Sussmann focuses on privacy and cybersecurity law and had approached Baker to discuss what he and others believed to be suspicious communications between computer servers at the Russian [[Alfa-Bank]] and [[the Trump Organization]]. Sussmann had represented the [[Democratic National Committee]] regarding the [[Democratic National Committee cyber attacks|Russian hacking of its computer network]]. Sussmann's attorneys have denied he was representing the Clinton campaign. Perkins Coie represented the Clinton presidential campaign, and one of its partners, [[Marc Elias]], commissioned [[Fusion GPS]] to conduct [[opposition research]] on Trump, which led to the production of the Steele dossier. Sussmann, a former federal prosecutor, characterized the allegations against him as politically motivated and pleaded not guilty the day after his indictment.<ref>{{Cite web|url=https://www.nbcnews.com/politics/justice-department/special-counsel-appointed-trump-doj-may-indict-democratic-lawyer-sussmann-n1279353 |access-date=November 6, 2021 |title=Special counsel named by Trump DOJ charges Democratic lawyer with false statement|author1=Ken Dilanian |author2=Tom Winter|date=September 16, 2021|website=NBC News}}</ref><ref name="auto"/><ref name="polantz"/> As with the charge against Clinesmith, the charge against Sussmann was unrelated to the FBI investigation into [[links between Trump associates and Russian officials]], which began in July 2016. Rather than asserting the FBI engaged in wrongdoing, as long alleged by Trump and resulting in Durham's investigation, the Sussmann indictment portrays the bureau as a victim of wrongdoing.<ref>{{cite news |last1=Savage |first1=Charlie |title=Trump-Era Prosecutor’s Case Against Democratic-Linked Lawyer Goes to Trial |url=https://www.nytimes.com/2022/05/15/us/politics/michael-sussmann-trial-trump-russia.html |work=The New York Times |date=May 15, 2022}}</ref> During a 2018 congressional deposition, Baker stated, "I don’t remember [Sussmann] specifically saying that he was acting on behalf of a particular client," though the Durham investigation found handwritten notes taken by assistant director of the [[FBI Counterintelligence Division]] [[Bill Priestap]] which paraphrase Baker telling him after the meeting that Sussmann "said not doing this for any client." The notes also say "Represents DNC, Clinton Foundation, etc.," though they did not say Sussmann told Baker this during the meeting; Baker had also said during his deposition that he was generally familiar with Sussmann's work, as they were friends. The Priestap notes constitute [[hearsay]] and it was not clear if they would be admissible in court as evidence under the [[Hearsay in United States law|hearsay rule]].<ref name="auto">{{Cite news|url=https://www.nytimes.com/2021/09/15/us/politics/durham-michael-sussmann-trump-russia.html|title=Durham Is Said to Seek Indictment of Lawyer at Firm With Democratic Ties |first1=Charlie |last1=Savage |first2=Adam |last2=Goldman |first3=Michael S. |last3=Schmidt |first4=William K. |last4=Rashbaum |work=[[The New York Times]] |date=September 14, 2021 |access-date=October 1, 2021}}</ref><ref>{{Cite web|url=https://www.lawfareblog.com/special-counsels-weird-prosecution-michael-sussmann |access-date=November 6, 2021 |title=On the Special Counsel's Weird Prosecution of Michael Sussmann|date=September 20, 2021|work=Lawfare|first=Benjamin |last=Wittes |authorlink=Benjamin Wittes}}</ref> ''The New York Times'' reported Durham had records showing Sussmann had billed the Clinton campaign for certain hours he spent working on the Alfa-Bank matter. His attorneys said he did so because he needed to demonstrate internally that he was engaged in billable work, though the work involved consulting with Elias, and the campaign paid a flat monthly fee to Perkins Coie but was not actually charged for those billed hours.<ref name="auto"/> In a December 2021 court filing, Sussmann's attorneys presented portions of two documents provided to them by Durham days earlier which they asserted undermined the indictment. One document was a summary of an interview Durham's investigators conducted with Baker in June 2020 in which he did not say that Sussmann told him he was not there on behalf of any client, but rather that Baker had assumed it and that the issue never came up. A second document was a June 2019 Justice Department inspector general interview with Baker in which he said the Sussmann meeting "related to strange interactions that some number of people that were his clients, who were, he described as I recall it, sort of cybersecurity experts, had found." ''The New York Times'' reported that the narrow charge against Sussmann was contained in a 27-page indictment that elaborated on activities of cybersecurity researchers who were not charged, including what their attorneys asserted were selected email excerpts that falsely portrayed them as not actually believing their claims. Trump and his supporters seized on that information to assert the Alfa-Bank matter was a hoax devised by Clinton supporters and so the Trump-Russia investigation had been unjustified. Sussmann's attorneys told the court that the new evidence "underscores the baseless and unprecedented nature of this indictment" and asked that his trial date be moved from July to May 2022.<ref>{{Cite news|url=https://www.nytimes.com/2021/12/06/us/politics/michael-sussmann-john-durham.html|title=Defendant in Case Brought by Durham Says New Evidence Undercuts Charge|first=Charlie|last=Savage|newspaper=The New York Times|date=December 7, 2021}}</ref> A Durham prosecutor later asserted that subsequent to his 2019 and 2020 interviews, Baker "affirmed and then re-affirmed his now-clear recollection of the defendant’s false statement" after refreshing his memory with contemporaneous or near-contemporaneous notes.<ref>{{Cite news|url=https://www.nytimes.com/2021/12/08/us/durham-sussmann-fbi-trump-russia.html|title=More Evidence Muddles Durham's Case on Lawyer's Meeting With F.B.I.|first=Charlie|last=Savage|newspaper=The New York Times|date=December 9, 2021}}</ref> In a February 2022 court motion related to Sussmann's prosecution, Durham alleged that Sussmann associate [[Rodney Joffe]] and his associates had "exploited" capabilities his company had through a pending cybersecurity contract with the [[Executive Office of the President]] (EOP) to [[DNS lookup|acquire]] nonpublic government [[Domain Name System]] (DNS) and other data traffic "for the purpose of gathering derogatory information about Donald Trump." Joffe was not charged and his attorney did not immediately comment.<ref>{{cite news |last1=Neidig |first1=Harper |title=Durham alleges cyber analysts 'exploited' access to Trump White House server |url=https://thehill.com/regulation/court-battles/594126-durham-alleges-cyber-analysts-exploited-access-to-trump-white-house |work=The Hill |date=February 14, 2022}}</ref> After Sussmann's September 2021 indictment, ''The New York Times'' reported that in addition to analyzing suspicious communications involving a Trump server, Sussmann and analysts he worked with became aware of data from a [[Yota|YotaPhone]] — a Russian-made smartphone rarely used in the United States — that had accessed networks serving the White House, Trump Tower and a Michigan hospital company, [[Spectrum Health]]. Like the Alfa-Bank server, a Spectrum Health server also communicated with the Trump Organization server. Sussmann notified CIA counterintelligence of the findings in February 2017, but it was not known if they were investigated.<ref>{{Cite news|url=https://www.nytimes.com/2021/10/01/us/politics/trump-alfa-bank-indictment.html|title=Trump Server Mystery Produces Fresh Conflict|first1=Charlie|last1=Savage|first2=Adam|last2=Goldman|newspaper=The New York Times|date=September 30, 2021}}</ref> Durham alleged in his February 2022 court motion that Sussmann had claimed his information "demonstrated that Trump and/or his associates were using supposedly rare, Russian-made wireless phones in the vicinity of the White House and other locations," but Durham said he found no evidence to support that. Sussmann's attorneys responded that Durham knew Sussmann had not made such a claim to the CIA.<ref>{{cite news |last1=Cohen |first1=Marshall |title=Unspooling the latest twists in special counsel John Durham's investigation |url=https://www.cnn.com/2022/02/16/politics/durham-allegations-explainer/index.html |publisher=CNN |date=February 16, 2022}}</ref> Durham alleged Sussmann's data showed a Russian phone provider connection involving the EOP "during the Obama administration and years before Trump took office." Attorneys for an analyst who examined the YotaPhone data said researchers were investigating [[malware]] in the White House; a spokesman for Joffe said his client had lawful access under a contract to [[DNS lookup|analyze White House DNS data]] for potential security threats. The spokesman asserted Joffe's work was in response to hacks of the EOP in 2015 and of the [[Democratic National Committee|DNC]] in 2016, as well as YotaPhone queries in proximity to the EOP and the Trump campaign, that raised "serious and legitimate national security concerns about Russian attempts to infiltrate the 2016 election" that was shared with the CIA. Durham asserted that Sussmann bringing his information to the CIA was part of a broader effort to raise the intelligence community's suspicions of Trump's connections to Russia shortly after he took office. Durham did not allege that any eavesdropping of Trump communications content occurred, nor did he assert the Clinton campaign was involved or that the alleged DNS monitoring activity was unlawful or occurred after Trump took office.<ref name="Polantz_Perez_2/14/2022">{{cite news |title=Special counsel Durham alleges Clinton campaign lawyer used data to raise suspicions about Trump |url=https://www.cnn.com/2022/02/14/politics/durham-sussmann-filing/index.html |agency=[[CNN]] |date=February 14, 2022|author1=Katelyn Polantz|author2=Evan Perez}}</ref><ref name="Savage_2/14/2022">{{cite news |last1=Savage |first1=Charlie |title=Court Filing Started a Furor in Right-Wing Outlets, but Their Narrative Is Off Track |url=https://www.nytimes.com/2022/02/14/us/politics/durham-sussmann-trump-russia.html |work=[[The New York Times]] |date=February 14, 2022}}</ref><ref name="auto1">{{cite news |title=Special counsel, Democratic lawyer clash over new allegations regarding data purported to tie Trump to Russia |url=https://abcnews.go.com/Politics/special-counsel-democratic-lawyer-clash-allegations-data-purported/story?id=82902283 |publisher=ABC News |date=February 15, 2022|author1=Alexander Mallin|author2=Jack Date}}</ref> Durham's filing triggered a furor among right-wing media outlets, including misinformation about what Durham had alleged, which was challenged by other outlets and lawyers for the involved parties.<ref name="Polantz_Perez_2/14/2022" /><ref name="Savage_2/14/2022" /><ref name="auto1"/><ref>{{cite news |last1=Bump |first1=Philip |title=Fox News’s Durham narrative survives the emergence of inconvenient details |url=https://www.washingtonpost.com/politics/2022/02/16/fox-newss-durham-narrative-survives-emergence-inconvenient-details/ |work=The Washington Post |date=February 16, 2022}}</ref> ''[[Fox News]]'' falsely reported that Durham claimed Hillary Clinton's campaign had paid a technology company to "infiltrate" White House and Trump Tower servers; that narrative actually came from Trump ally [[Kash Patel]].<ref>{{cite news |last1=Bump |first1=Philip |title=Why Trump is once again claiming that he was spied upon in 2016 |url=https://www.washingtonpost.com/politics/2022/02/14/why-trump-is-once-again-claiming-that-he-was-spied-upon-2016/ |work=The Washington Post |date=February 14, 2022}}</ref> The ''[[Washington Examiner]]'' claimed that this all meant there had been spying on Trump's White House office. [[Charlie Savage]] of ''The New York Times'' disputed these claims and explained that "Mr. Durham's filing never used the word 'infiltrate.' And it never claimed that Mr. Joffe's company was being paid by the Clinton campaign."<ref name="Savage_2/14/2022" /> Sussmann's attorneys asserted Durham's motion contained falsehoods "intended to further politicize this case, inflame media coverage, and taint the jury pool" as part of a pattern of Durham's behavior since Sussmann's indictment.<ref>{{cite news |last1=Tucker |first1=Eric |title=EXPLAINER: How the latest Trump-Russia filing generated buzz |url=https://apnews.com/article/europe-russia-donald-trump-campaigns-hillary-clinton-c9b5a084fcd3b3aa8f064592648b0463 |publisher=Associated Press |date=February 15, 2022}}</ref> Durham objected to a motion by Sussmann's attorneys to have the "factual background" section struck from Durham's motion, stating that "If third parties or members of the media have overstated, understated, or otherwise misinterpreted facts contained in the Government’s Motion, that does not in any way undermine the valid reasons for the Government’s inclusion of this information."<ref>{{cite news |last1=Savage |first1=Charlie |title=Durham Distances Himself From Furor in Right-Wing Media Over Filing |url=https://www.nytimes.com/2022/02/17/us/politics/durham-right-wing-media-trump.html |work=The New York Times |date=February 17, 2022}}</ref><ref>{{cite news |last1=Kessler |first1=Glenn |title=How the right embraced the false claim that Hillary Clinton ‘spied’ on President Donald Trump |url=https://www.washingtonpost.com/politics/2022/02/18/how-right-embraced-false-claim-clinton-spied-president-trump/ |work=The Washington Post |date=February 18, 2022}}</ref> Hillary Clinton responded to the right-wing media attacks by hinting at [[defamation]]: "It's funny the more trouble Trump gets into the wilder the charges and conspiracy theories about me seem to get. Fox leads the charge with accusations against me, counting on their audience to fall for it again. As an aside, they're getting awfully close to actual [[Malice (law)|malice]] in their attacks."<ref name="Griffiths_Lahut_Sonam_2/18/2022">{{cite web | last1=Griffiths | first1=Brent | last2=Lahut | first2=Jake | last3=Sheth | first3=Sonam | title=Hillary Clinton says Fox News is 'awfully close to actual malice' in their coverage of her | website=[[Business Insider]] | date=February 18, 2022 | url=https://www.businessinsider.in/politics/world/news/hillary-clinton-says-fox-news-is-awfully-close-to-actual-malice-in-their-coverage-of-her/articleshow/89651244.cms | access-date=February 23, 2022}}</ref><ref>{{Cite web |last=Johnson |first=Ted |date=2022-02-17 |title=Hillary Clinton On Fox News’ Amplification Of “Spying” Claims: “They’re Getting Awfully Close To Actual Malice In Their Attacks” |url=https://deadline.com/2022/02/hillary-clinton-fox-news-actual-malice-1234956245/ |access-date=2022-03-20 |website=[[Deadline Hollywood]] |language=en-US}}</ref> Sussmann's attorneys also explained that "Although the Special Counsel implies that in Mr. Sussmann's February 9, 2017 meeting, he provided Agency-2 with (Executive Office of the President) data from after Mr. Trump took office, the Special Counsel is well aware that the data provided to Agency-2 pertained only to the period of time before Mr. Trump took office, when Barack Obama was President,"<ref name="Polantz_Perez_2/14/2022" /> a time period (2015 and 2016) where much investigation of Russian hacks of Democratic Party and White House networks had occurred: "...cybersecurity researchers were 'deeply concerned' to find data suggesting Russian-made YotaPhones were in proximity to the Trump campaign and the White House, so 'prepared a report of their findings, which was subsequently shared with the C.I.A.'"<ref name="Savage_2/14/2022" /><ref name="MacGuill_2/22/2022">{{cite web | last=MacGuill | first=Dan | title=What Did John Durham's Latest Court Filing Say About Trump, Russia, and Clinton? | publisher=[[Snopes]] | date=February 22, 2022 | url=https://www.snopes.com/news/2022/02/22/john-durham-trump-clinton-spying/ | access-date=February 23, 2022}}</ref> During a March 2022 court hearing, presiding judge [[Christopher R. Cooper|Casey Cooper]] remarked that Durham's February motion relating to Joffe created a "dustup" that "strikes me as a sideshow in many respects," adding "I don't know why the information is in there." He said the motion, which was ostensibly about a potential [[conflict of interest]] matter, could have been quickly resolved in a brief hearing. Cooper then asked Sussmann if he would waive the conflict of interest issue, which Sussmann did, leading Cooper to say, "I didn't need any of that ancillary information to do that." Cooper declined to strike the ancillary information as Sussmann's attorneys had requested, saying he would not ascribe any motives to Durham's motion.<ref>{{cite news |title=A federal judge called out John Durham's prosecutors for creating a 'sideshow' with a court filing that sent Trumpworld into a frenzy |url=https://www.businessinsider.com/federal-judge-durham-prosecutors-created-sideshow-sussmann-filing-2022-3 |work=Business Insider |date=March 10, 2022|author1=Sonam Sheth|author2=C. Ryan Barber}}</ref> In an April 2022 flurry of late-night court filings by the prosecution and defense prior to the trial beginning the next month, Durham presented a text message Sussmann sent to Baker the night before their meeting which read, "I’m coming on my own — not on behalf of a client or company — want to help the bureau," which appeared to support Durham's allegation that Sussmann had lied to investigators. ''The New York Times'' reported that Durham's filings suggested he might introduce at trial the [[Steele dossier]] in an effort to suggest a broader conspiracy between Sussmann and the Clinton campaign. Durham's indictment did not mention the dossier, and Sussmann's attorneys argued Durham "should not be permitted to turn Mr. Sussmann’s trial on a narrow false statement charge into a circus full of sideshows that will only fuel partisan fervor." Durham argued that Sussmann's team should not be allowed at trial to suggest any political motivation behind the prosecution. Sussmann's attorneys asked judge Cooper to dismiss the case if Joffe were not granted immunity to provide "critical exculpatory testimony" for Sussmann.<ref>{{cite news |last1=Savage |first1=Charlie |title=More Evidence Bolsters Durham’s Case Against Democratic-Linked Lawyer |url=https://www.nytimes.com/2022/04/05/us/politics/durham-sussmann-trump.html |work=The New York Times |date=April 5, 2022}}</ref> Nine days before the trial, Cooper ruled Durham could not present an argument to the jury that Sussmann was part of a broad "joint venture" involving the Clinton campaign, [[Fusion GPS]], Democratic operatives and various technology researchers. Cooper said allowing such an argument would amount to a "time-consuming and largely unnecessary mini-trial," considering Sussmann had been narrowly charged with lying to investigators rather than conspiracy. Cooper ruled prosecutors could question witnesses about the scope of the DNS analysis, but would not be allowed to introduce evidence that Joffe allegedly had doubts about the accuracy of some of the data. The judge said he was unlikely to allow evidence Joffe may have breached the terms of his employer's government contract, saying it was "at best, only marginally probative of [Sussmann's] supposed motive to lie to the FBI." Cooper did not grant Joffe immunity for his testimony, but said the limits he placed on Durham's lines of questioning might ease his concerns that Joffe could incriminate himself if he were to testify.<ref>{{cite news |title=Judge spares Clinton camp in Sussmann ruling |url=https://www.politico.com/news/2022/05/07/judge-spares-clinton-camp-in-sussmann-ruling-00030887 |work=Politico |date=May 7, 2022|author1=Josh Gerstein|author2=Kyle Cheney}}</ref> Sussmann was [[acquitted]] on May 31, 2022.<ref>{{cite news |last1=Barrett |first1=Devin |title=Sussmann, who worked for Clinton, acquitted of lying to FBI in 2016 |url=https://www.washingtonpost.com/national-security/2022/05/31/sussmann-not-guilty-lying-fbi-hillary-clinton/ |work=The Washington Post |date=May 31, 2022}}</ref> ==== Alfa Bank investigation ==== CNN reported later in September that the Durham grand jury had subpoenaed documents from Perkins Coie. CNN had viewed emails between Sussmann and others who were researching the server communications, including Joffe, showing that Durham's indictment of Sussmann cited only portions of the emails. The indictment included an unidentified researcher stating in an email, "The only thing that drive[s] us at this point is that we just do not like [Trump]." CNN's review of other emails indicated the researchers later broadened the scope of their examination for presentation to the FBI. Joffe's attorney asserted the indictment contained cherry-picked information to misrepresent what had transpired.<ref>{{Cite news|url=https://www.cnn.com/2021/09/30/politics/durham-subpoenas-probe-russia-fbi-sussman/index.html|title=Durham issues fresh round of subpoenas in his continuing probe of FBI investigation into Trump, Russia|author1=Evan Perez|author2=Katelyn Polantz|work=[[CNN]]|date=September 30, 2021}}</ref> Defense lawyers for the scientists who researched the Alfa Bank-Trump internet traffic said that Durham's indictment is misleading and that their clients stand by their findings.<ref>{{Cite news|url=https://www.nytimes.com/2021/09/30/us/politics/trump-alfa-bank-indictment.html|title=Trump Server Mystery Produces Fresh Conflict|first1=Charlie|last1=Savage|first2=Adam|last2=Goldman |work=[[The New York Times]] |date=September 30, 2021 |access-date=October 1, 2021}}</ref> ====Indictment of Steele dossier source==== On November 4, 2021, Russian national [[Igor Danchenko]] was arrested and indicted on allegations he made five false statements to the FBI. Danchenko was a major source for the Steele dossier which made controversial allegations about Trump and was used by the FBI to secure a surveillance warrant against former Trump campaign aide [[Carter Page]] after he had left the campaign. The Steele dossier was not used as a basis to open the FBI investigation into links between Trump associates and Russian officials.<ref name="cohen">{{Cite web|url=https://www.cnn.com/2021/11/04/politics/igor-danchenko-arrested/index.html|title=Authorities arrest analyst who was source for Steele dossier|first1=Zachary |last1=Cohen|first2=Evan |last2=Perez|first3=Katelyn |last3=Polantz|work=[[CNN]] |access-date=November 6, 2021 |date=November 4, 2021}}</ref><ref>{{Cite web|url=https://www.factcheck.org/2019/03/dossier-not-what-started-all-of-this/|title=Dossier Not What 'Started All of This'|first=Lori|last=Robertson|date=March 27, 2019|work=[[FactCheck.org]] |publisher=[[Annenberg Public Policy Center]] |access-date=November 6, 2021 }}</ref> The indictment alleged Danchenko lied by saying he had not discussed the dossier with an unnamed U.S.-based public relations executive, identified by his attorney as Charles Dolan, Jr., a longtime political associate of Bill and Hillary Clinton. Durham alleged Danchenko used Dolan as a source for the dossier, though Dolan's attorney said he was a witness in the case. The indictment suggested, though did not directly assert, that Dolan may have been a source of the dossier allegation that a video existed of Trump having a liaison with prostitutes in a Moscow hotel. The indictment noted that Dolan was given a tour of that hotel in June 2016, including the presidential suite Trump stayed in during the alleged 2013 encounter.<ref>{{cite news |title=Igor Danchenko arrested, charged with lying to FBI about information in Steele dossier |url=https://www.washingtonpost.com/national-security/steele-dossier-arrest-danchenko-trump-durham/2021/11/04/7e76b9ae-3d77-11ec-8ee9-4f14a26749d1_story.html |newspaper=The Washington Post |date=November 4, 2021|author1=Devlin Barrett and Tom Jackman}}</ref> ''The Washington Post'' reported soon after Danchenko's indictment that Dolan had worked in public relations for Russia for eight years ending 2014. After the Steele dossier was publicly released by ''BuzzFeed News'' in January 2017, Dolan emailed a Russian client, whose web server company was later implicated in the [[Democratic National Committee cyber attacks]], stating, "I’m hoping that this is exposed as fake news. I may be wrong but I have doubts about the authenticity."<ref>{{cite news |last1=Stanley-Becker |first1=Isaac |title=A spin doctor with ties to Russia allegedly fed the Steele dossier before fighting to discredit it |url=https://www.washingtonpost.com/politics/2021/11/06/charles-dolan-steele-dossier-igor-danchenko-indictment/ |newspaper=The Washington Post |date=November 6, 2021}}</ref> Danchenko pleaded not guilty to the charges;<ref>{{Cite web|url=https://www.texarkanagazette.com/news/2021/nov/12/igor-danchenko-pleads-not-guilty-to-lying-to-fbi/|title=Igor Danchenko pleads not guilty to lying to FBI about Steele dossier|date=November 12, 2021|website=Texarkana Gazette}}</ref> his trial is scheduled for October 2022.<ref>{{Cite web |date=January 12, 2022 |title=UNITED STATES OF AMERICA v. IGOR Y. DANCHENKO |url=https://storage.courtlistener.com/recap/gov.uscourts.vaed.515692/gov.uscourts.vaed.515692.41.0_2.pdf}}</ref> == Awards and accolades == In 2011, Durham was included on ''[[The New Republic]]'s'' list of Washington's most powerful, least famous people.<ref>{{cite magazine |authors=The Editors |title=Washington's Most Powerful, Least Famous People |url=https://newrepublic.com/article/96131/washingtons-most-powerful-least-famous-people |magazine=[[The New Republic]] |date=November 3, 2011 |access-date=October 25, 2011}}</ref> In 2004, Durham was decorated with the Attorney General's Award for Exceptional Service and, in 2012, with the Attorney General's Award for Distinguished Service.<ref>{{cite press release |title=Attorney General Holder Recognizes Department Employees and Others for Their Service at Annual Awards Ceremony |url=https://www.justice.gov/opa/pr/attorney-general-holder-recognizes-department-employees-and-others-their-service-annual-0 |date=October 17, 2012 |website=justice.gov |publisher=[[U.S. Department of Justice]] |access-date=September 16, 2021}}</ref><ref>{{cite news |last1=Gura |first1=David |title=So, Who Is John Durham? |url=https://www.npr.org/sections/thetwo-way/2009/08/so_who_is_john_durham.html |access-date=September 16, 2021 |work=[[NPR]] |date=August 24, 2009}}</ref> ==Personal life== According to CNN, Durham is "press-shy" and is known for his tendency to avoid the media.<ref name="cnn"/> United States Attorney [[Deirdre Daly]] once described him as "tireless, fair and aggressive" while [[United States Senator]] [[Chris Murphy]] characterized him as "tough-nosed ... apolitical and serious".<ref name="cnn">{{cite news |last1=Cohen |first1=Marshall |title=US attorney's 'apolitical' reputation on the line as he helps Barr review the Russia probe |url=https://www.cnn.com/2019/05/14/politics/john-durham-barr-russia-probe/index.html |access-date=September 16, 2021 |work=[[CNN]] |date=May 14, 2019}}</ref> == See also == *[[Mueller report]] *[[Timeline of Russian interference in the 2016 United States elections]] *[[Timeline of investigations into Donald Trump and Russia (2019)]] *[[Timeline of investigations into Donald Trump and Russia (2020–2021)]] *[[Trump–Ukraine scandal]] == References == {{reflist|30em}} == External links == *[https://web.archive.org/web/20200422201750/https://www.justice.gov/usao-ct/meet-us-attorney Biography at U.S. Department of Justice] {{Authority control}} {{DEFAULTSORT:Durham, John Henry}} [[Category:1950 births]] [[Category:Colgate University alumni]] [[Category:Lawyers from Boston]] [[Category:Living people]] [[Category:Trump administration personnel]] [[Category:United States Attorneys for the District of Connecticut]] [[Category:Connecticut Republicans]] [[Category:Massachusetts Republicans]] [[Category:United States Department of Justice lawyers]] [[Category:University of Connecticut School of Law alumni]]'