realclearinvestigations | While much speculation inside the Beltway says U.S. Attorney John Durham
will punt the results of his so-called Spygate investigation past the
election to avoid charges of political interference, sources who have
worked with Durham on past public corruption cases doubt he'll bend to
political pressure — and they expect him to drop bombshells before Labor
Day.
Durham’s boss, Attorney General Bill Barr, also pushed back on the
notion his hand-picked investigator would defer action. Under Democratic
questioning on Capitol Hill last week, he refused to rule out a
pre-election release.
"Under oath, do you commit to not releasing any report by Mr. Durham
before the November election?” Rep. Debbie Mucarsel-Powell (D-Fla.)
asked Barr, citing longstanding Justice Department policy not to
announce new developments in politically sensitive cases before an
election.
“No,” the attorney general curtly replied.
Justice Department policy prohibits
prosecutors from taking overt steps in politically charged cases
typically within 60 days of an election. Accordingly, Durham would have
to make a move by the Friday before Labor Day, or Sept. 4.
A low-profile prosecutor, Durham has kept a tight lid on his
investigation into the origins of the specious Russiagate investigation
of Donald Trump and his 2016 campaign, leading to rampant speculation
about who he might prosecute and whether he would take action ahead of
the Nov. 3 presidential election.
That could well be of historic consequence, since his probe involves
both the Trump administration and high-level officials in the previous
administration, including Trump's presumptive Democratic rival, former
Vice President Joe Biden. Recently declassified FBI notes show Biden
offered input into the investigation of Trump adviser Michael Flynn in
early January 2017. Another declassified document reveals that Biden was
among those who requested Flynn’s identity be “unmasked” in foreign
intelligence intercepts around that same time.
If Durham announces criminal indictments or plea agreements involving
former officials operating under the Obama-Biden administration,
or releases a report documenting widespread corruption, independent
voters could sour on Biden and sympathize with Trump. On the other
hand, kicking the ball past the election could dispirit Trump’s base.
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