Attorney General William Barr appointed United States Attorney General John Durham of Connecticut to be a special attorney in his ongoing investigation into the FBI investigation in Russia, a move that will allow the investigation to continue in the administration of the President-elect Joe Biden.
Barr said in an interview published by the Associated Press on Tuesday that he made the appointment of Durham – who is already leading the FBI-Russia investigation – to provide him “and his team with some assurance that they would be able to complete their work regardless of the election result. “
Durham was originally appointed by Barr to investigate whether the FBI and intelligence officers committed any crimes or other offenses when they investigated whether someone associated with President Donald Trump’s election campaign conspired with Russia to interfere in the 2016 elections. Barr embraced the statement of Trump that he was the victim of improper spying.
The Justice Department released Barr’s previously undisclosed order on Tuesday naming Durham as special attorney in October.
The order gives Durham broad authority to investigate whether any person or entity has broken the law through intelligence or law enforcement activities aimed at Trump’s 2016 presidential campaign and subsequent administration. The scope of the order potentially means that Durham could investigate whether Biden did something illegal while he was vice president, as Trump claimed.
‘Restore credibility’
Barr said earlier that he did not expect the Durham investigation to lead to a criminal investigation of Biden or former President Barack Obama.
Lindsey Graham of South Carolina, Republican chairman of the Senate Judiciary Committee, said the Durham investigation would help “restore the credibility of the Department of Justice and the FBI.” But the Democrats called it an abuse of power.
“Barr is using special attorney law for an unintended purpose: to continue a politically motivated investigation long after Barr leaves office,” said Representative Adam Schiff of California, who led Democrats’ efforts during the impeachment of Trump in the House in a statement. “Having politicized the Department of Justice from his early days in office, it is an appropriate coda that Barr should try to do so on his last.”
Barr told the AP that while the Durham investigation started broadly, it has since “narrowed considerably” and now “is really focused on the activities of the Hurricane Crossfire investigation within the FBI.”
A Justice Department watcher last year concluded that the FBI operation was legally sound and justified and not the product of political prejudice against Trump by FBI leaders, although mistakes were made that led the bureau to make changes to procedures .
Legality questioned
House Judiciary President Jerrold Nadler, a New York Democrat, said in a statement that naming Durham, a current US attorney, as a special attorney is not legal because Justice Department regulations require the selection of an outsider. from the government.
Technically, Barr appointed Durham under his authority as attorney general, not under special council regulations. This could lead to legal questions about Durham’s authority to pursue his investigation, according to constitutional law scholar Laurence Tribe. But the Harvard Law School professor said it was probably not worth challenging the nomination.
“I would advise them to let Durham continue as long as he wants,” said Tribe. “There is no ‘there’ there.” To try to get rid of it, he said, would be “to make a mountain out of a small hill”.
– With the help of David Yaffe-Bellany