NYMag | On September 10, Nora Dannehy resigned as the deputy to John Durham, the federal prosecutor investigating the government’s probe into the Trump campaign and Russia during the 2016 election. Dannehy left her post and the Justice Department in part because of Attorney General William Barr’s pressure on Durham to release a report on his investigation’s findings before Election Day, according to a person familiar with her thinking. Trump had long been hoping a report out this fall would damage Democrats, including Joe Biden, and help him win reelection. In Trump’s terminology, Durham’s report would reveal an “attempted overthrow” of his administration by Democratic insiders. But Justice Department guidelines restrict prosecutors from taking such actions within 60 days of an election because they might affect the outcome of the election. Both Durham and Dannehy believed that if they complied with Barr’s demands they would be violating this doctrine, according to two people familiar with their thinking.
Durham, who is the U.S. Attorney for Connecticut, and Dannehy were also troubled that Barr had purposely misrepresented their work in numerous public comments, the two people said. 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. There “was no evidence … not even remotely … indicating Obama or Biden did anything wrong,” as one person put it.
Shortly after the resignation of his prized deputy and with the election looming on the horizon, Durham phoned Barr. He forcefully told the attorney general that his office would not be releasing a report or taking any other significant public actions before Election Day, according to a person with knowledge of the phone call. Dannehy’s resignation constituted an implied but unspoken threat to Barr that Durham or others on his team might resign if the attorney general attempted to force the issue, according to a person familiar with Durham’s thinking.
After hearing from Durham in September, Barr informed the president and allies that there would be no October surprise, causing Trump to lash out. “Unless Bill Barr indicts these people for crimes — the greatest political crimes in the history of our country — then we’re going to get little satisfaction unless I win,” he told Fox Business last month. “[These] people should be indicted, this was the greatest political crime in the history of our country. And that includes Obama and it includes Biden.”
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