As a refresher (because let's be honest, there's a lot to unpack with Russiagate), former U.S. Attorney John Durham was tasked with investigating the origins and conduct of the FBI's investigation into alleged ties between Donald Trump's 2016 presidential campaign and Russia.
Or as we all know it, Crossfire Hurricane.
The entire thing ended up being somewhat of a dud, but with everything coming out now that Tulsi Gabbard is declassifying documents like crazy, it's worth a revisit. Especially with a thread like this one. Note that, yes, it is from November 2024, but it has continued to grow since then. We are focusing on the Durham piece in this article.
1/ I promised a thread, with receipts, on why I regard the Durham report and investigation as minimalist shams. I never got to it because of (i) life, and (ii) other more pressing and timely matters. But now that Trump is staffing up, and now that there may be an opportunity to…
— Brennan’sOrangeJumpsuit (@15poundstogo) November 17, 2024
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... expose more of the abuses that our government has strived to cover up, this subject has become more pressing and timely. I’m still busy, but can deal with that by drafting this thread in parts over time and trying to keep it brief and focused (and full of typos).
Grab a snack. This is long-ish but worth the time:
2/ I concede that Durham’s prosecutions and report did result in revealing a lot of important evidence. But, as with Robocop’s Secret Directive Four (Google it if you don’t know), there were lines he would not cross, at least not beyond the bare minimum. One of those Durham… pic.twitter.com/kPnmOe8orr
— Brennan’sOrangeJumpsuit (@15poundstogo) November 17, 2024
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... reveals in footnote 8 of his report and the (terse) accompanying text. Specifically, Durham was delegated certain authority by the AG to “use classified information” BUT Durham “has not used this authority.”
Wait, what? Why not?!
3/ I don’t have a copy of AG Order 4942-2020 in which the AG delegated this (UNUSED 🤯) authority to Durham. If anyone does, please share and I will update this post. I’ll wait a while before continuing this thread in the hope someone can provide a copy of Order 4942.
— Brennan’sOrangeJumpsuit (@15poundstogo) November 17, 2024
In the… pic.twitter.com/qIIjD9djT0
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... meantime, here is a copy of the underlying order showing what authority the AG had to delegate on the use of classified information.
Hrm.
4/ Okay. Much has been written by others more knowledgeable than I about the heavy role of the IC in Spygate. A bit of that is referenced in the Durham report itself. So one can safely surmise that what Durham left in the table in this area was at a minimum, well worth…
— Brennan’sOrangeJumpsuit (@15poundstogo) November 17, 2024
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... investigating. But it is more than that. Because as we watched little bits and pieces of redacted “classified” material get unredacted over the years (at a years-ling frustrating pace that which was like watching paint dry), was there ever anything revealed that, on its face, looked like it should have been classified or hidden from public view in the first place? I don’t remember anything like that, and challenge anyone to produce an example. The fact is that the WAY too much stuff is “classified” or treated as confidential without justification. It is a tool that was abused to cover up misfeasance and/or malfeasance. And for Durham to simply decide not to use his own declassification authority is weak beyond belief.
I will thread stuff I know more about, and defer to my betters on other important matters. Of the following areas that Durham treated with kid gloves, which do wish to discuss first? I’ll proceed in the order chosen by the responses to this poll:
Way too much stuff is classified.
Shocker.
Hence, Gabbard.
5/ Perkins Coie got the most votes, so let’s start with where Durham went easy on them in a manner that must have been intentional. I’ll focus on two issues, which overlap somewhat. Those are: (i) the failure to squeeze PC and its clients for possible criminal violations related…
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
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6/ Of course, it was publicly known since October 2017 who the “clients” were that, through Perkins Coie, was paying FusionGPS to continue its prior opposition research on Trump. pic.twitter.com/aHdigOtJrW
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
Who is Perkins Coie you ask?
Why, that would be boil on the butt Marc Elias.
Uh-huh.
7/ And, it was also known that PC’s clients, acting under PC’s legal guidance, recorded the FusionGPS payments as for “legal” services, and that by April of 2019, the FEC had opined that this practice was likely illegal. https://t.co/MSIMwQHhep pic.twitter.com/JJcgsP3tbb
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
Likely.
8/ Indeed, in an October 2017 court filing, FusionGPS ITSELF acknowledged that it was hired to conduct “political opposition research” and that it hired Steele and obtained the Dossiers “in the course of its political opposition research.” https://t.co/xk5pg9XIRD pic.twitter.com/xAgJOGZPcE
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
Paid for by whom? Ahem.
9/ Nor were the FusionGPS payments hidden from PC’s clients. They appeared prominently on PC’s invoices, and it’s pretty obvious PC was simply charging a small transactional fee (like $5k per month) for obtaining FusionGPS’s political opposition research. I obtained the invoices… https://t.co/WHHNPYWJYZ
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
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... in 2022 via foia, but the FEC had them earlier, and Durham got them at some point as well. He should have subpoenaed them on day one.
So why didn't he?
10/ Could Durham have built a criminal case around those false characterizations of the FusionGPS payments as “Legal Services”? Well, look at the 8th Circuit case in US v Benton (2018), confirming a criminal conviction for similar acts. Mueller/Weissmann certainly would have… pic.twitter.com/7T8l3tv6zQ
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
Mueller.
Remember Mueller Time? HA HA HA HA
11/ *aggressively. Nor were potential money laundering charges explored. See 11 USC 1956(a)(1)(B)(ii): https://t.co/zwk5rWgaCO
— Brennan’sOrangeJumpsuit (@15poundstogo) November 24, 2024
12/ Durham also gave Perkins Coie and its clients what can be best described as a limp handshake when it came to assertions of privilege. A brief timeline:
— Brennan’sOrangeJumpsuit (@15poundstogo) November 28, 2024
5/13/19 - Durham’s preliminary review begins;
2/6/20 - Durham appointed Special Attorney to the AG;
10/19/20 - Durham named… pic.twitter.com/qNAqRRwmCA
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10/19/20 - Durham named Special Counsel;
3/22/21 - Durham serves narrow GJ subpoena on FusionGPS narrowly focused upon the Alfa server scam;
7/9/21- Durham serves a broader subpoena on FusionGPS
4/22/21 - 1/10/22 - FusionGPS provides Durham with privilege logs tersely describing documents withheld under the first subpoena;
3/11/22 - FusionGPS provides a privilege log in response to the broader
7/9/21 Grand Jury subpoena.
Lots of receipts here.
13/ Also, back in April 2021, FusionGPS served a 29 page privilege log in a related civil suit, which was attached to a motion by a civil litigant in May 2021. FusionGPS’s and Perkins Coie’s and the DNC’s and HFA’s position on privilege was no secret long before Durham served his…
— Brennan’sOrangeJumpsuit (@15poundstogo) November 28, 2024
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... first broad GJ subpoena, not only in general but also as to literally hundreds of specific documents and emails.
14 / It should also be noted that, originally, Durham only subpoenaed “non-privileged” documents, this leaving it up to FusionGPS to decide what to withhold without much effort on its part. It was only in 9/16/21 that Durham subpoenaed FusionGPS and PC for the withheld documents… pic.twitter.com/zekOxAOviA
— Brennan’sOrangeJumpsuit (@15poundstogo) November 28, 2024
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... to gently tee up and force the issue … a little.
Hrm.
15/ And yet it was not until April 6, 2022 that Durham moved to challenge the assertions of privilege as to A MERE HANDFUL of the approximately 1500 documents withheld. Also, Durham did NOT do this in connection with the Grand Jury proceedings, in which he could have required… pic.twitter.com/iYGEbShs9i
— Brennan’sOrangeJumpsuit (@15poundstogo) November 28, 2024
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... Perkins Coie and its clients to move to quash. Instead, Durham made his motion in the Sussmann criminal case, shortly before trial. Not only was that “too late” in the eyes of the Court, but by pursuing this “day late and dollar short” strategy and forum, Durham had no realistic or meaningful opportunity to appeal an adverse result. Mueller didn’t do that. Neither did Jack Smith. Remember how Smith or his predecessor successfully defeated privilege assertions during the Grand Jury proceedings BEFORE filing an indictment? Why didn’t Durham do that? BTW, the statute of limitations for most federal crimes is 5 years. And Durham waited until 4/6/22 to minimally do this as to a handful of documents in a bad forum.
What the Hell? Why?
16/ Ultimately, Durham in his untimely motion made correct legal and factual arguments for challenging the privileges asserted. The court gave him 22 of the 38 emails he was looking for, finding no basis for the privilege asserted. But that left about 1450 items unsought,… pic.twitter.com/UovZD3Oiob
— Brennan’sOrangeJumpsuit (@15poundstogo) November 29, 2024
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... untouched and unlearned. We’re talking about FusionGPS and Perkins Coie here - known central players in Spygate! Their roles were largely known since 2017! 1400 of the emails didn’t even include an attorney! There is every reason to believe Durham COULD HAVE obtained between 50% and 100% of those had he tried in 2020 or 2021. But he didn’t even try. There was also no realistic opportunity to appeal as the 16 emails the judge found to be privileged (which was a serious stretch, because political opposition research and pushing stories on the press and FBI are NOT legal advice nor preparation for litigation!). Pathetic.
Pathetic indeed.
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