John Durham

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John Durham
John H. Durham.jpg
Special Counsel for the United States Department of Justice
Assumed office
October 19, 2020
Appointed byWilliam Barr
Preceded byPosition established
United States Attorney for the District of Connecticut
In office
February 22, 2018 – February 28, 2021
Acting: October 28, 2017 – February 22, 2018
PresidentDonald Trump
Joe Biden
Preceded byDeirdre M. Daly
Succeeded byLeonard C. Boyle (acting)
In office
Acting: January 20, 1997 – June 30, 1998
PresidentBill Clinton
Preceded byChristopher F. Droney[1]
Succeeded byStephen C. Robinson
Personal details
Born
John Henry Durham

(1950-03-16) March 16, 1950 (age 71)
Boston, Massachusetts, U.S.
Political partyRepublican[2]
EducationColgate University (BA)
University of Connecticut School of Law (JD)
AwardsAttorney General Award for Exceptional Service.png
Attorney General's Award for Exceptional Service
Attorney General’s Award for Distinguished Service.png
Attorney General's Award for Distinguished Service

John Henry Durham (born March 16, 1950)[3][4][5] is an American lawyer who served as the United States attorney for the 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) investigation into Russian interference in the 2016 U.S. elections, and in October 2020 he was appointed special counsel for the Department of Justice on that matter, a position he still holds.

He previously served as an assistant U.S. attorney in various positions in D.C. for 35 years.[6] He is known for his role as special prosecutor in 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.[3] By April 2019, 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".[7][8] Barr disclosed in December 2020 that he had elevated Durham's status to special counsel in October, ensuring that his investigation could continue after the Trump administration ended.[9][10]

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.[11][3] After graduation, he was a VISTA volunteer for two years (1975–1977) on the Crow Indian Reservation in Montana.[12]

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.[12]

Federal government[]

Following those five years as a state prosecutor, Durham became a federal prosecutor, joining the U.S. Attorney's Office for the District of Connecticut.[11] 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.[12][13]

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, 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.[14]

In 2008, Durham led an inquiry into allegations that FBI agents and Boston Police had ties with the mafia.[15] He also led a series of high-profile prosecutions in Connecticut against the New England Mafia and corrupt politicians, including former governor John G. Rowland.[14]

From 2008 to 2012, Durham served as the acting U.S. attorney for the Eastern District of Virginia.[12]

On November 1, 2017, he was nominated by President Donald Trump to serve as U.S. Attorney for Connecticut.[16] On February 16, 2018, his nomination was confirmed by voice vote of the Senate. He was sworn in on February 22, 2018.[12]

Attorney General William Barr secretly appointed Durham Special Counsel on October 19, 2020.[17]

Durham resigned as U.S. Attorney effective February 28, 2021.[6] He was one of 56 remaining Trump-appointed U.S. attorneys President Joe Biden asked to resign in February 2021.[18] He remains Special Counsel as of September 2021.[18]

Appointments as special investigator[]

Whitey Bulger case[]

Amid allegations that FBI informants 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.[14] 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.[14] 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.[14]

CIA interrogation tapes destruction[]

In 2008, Durham was appointed by Attorney General Michael Mukasey to investigate the destruction of CIA videotapes of detainee interrogations.[19][20][21] On November 8, 2010, Durham closed the investigation without recommending any criminal charges be filed.[22] Durham's final report remains secret but was the subject of an unsuccessful lawsuit under the Freedom of Information Act filed by The New York Times reporter Charlie Savage.[23]

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.[24] 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.[25] 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.[26] 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 Manadel al-Jamadi in Iraq, was opened in 2011. It was closed in 2012 with no charges filed.[27][28]

Special counsel to review origins of Trump-Russia investigation[]

Beginning in 2017, President Trump and his allies alleged that the FBI investigation (known as 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[29][30] and it was reported in May that he had assigned Durham to lead it several weeks earlier.[7] 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.[7] In December 2020, Barr revealed to Congress that he had secretly appointed Durham special counsel on October 19.[17] He stayed on in this capacity after he resigned as U.S. Attorney.[18] 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.[31]

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.[32][33][34]

Investigation into origins of FBI investigation "Crossfire Hurricane"[]

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.[35][36] 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.[37] 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.[38][39] 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.[40][41]

The day Justice Department inspector general 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,[42][43] 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."[44][45] 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.[46][47] Barr also released a statement challenging the findings of the report.[48] 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."[49] The Washington Post reported that Durham could not provide evidence of any setup by American intelligence.[50]

The New York Times reported in December 2019 that Durham was examining the role of former CIA director 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 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."[51] 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.[52] 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.[53]

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.[54] The FBI had investigated the Foundation and other matters related to Hillary Clinton, but had found no basis for prosecution, nor did John Huber, a U.S. attorney appointed by Trump's first attorney general Jeff Sessions, after a two-year investigation ending in January 2020.[55][56]

On November 2, 2020, the day before the presidential election, New York magazine reported that:

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.[57]

Indictment of attorney[]

On September 16, 2021, Durham indicted Michael Sussmann, a partner for the law firm Perkins Coie, alleging he falsely told FBI general counsel James Baker during a September 2016 meeting that he was not representing a client for their discussion. Durham alleged Sussman 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 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.[58][59][33] 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.

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 rule.[59][60]

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.[59]

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.[61] 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.[62]

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 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.[63] 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 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.[64] 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 Sussman had not made such a claim to the CIA.[65] 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 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 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.[66][67][68]

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.[66][67][69][70] 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.[71] 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."[67] 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.[72] 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."[73][74]

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 in their attacks."[75]

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,"[66] 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'."[67][76]

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.[77] 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.[78]

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.[34][79]

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.[80] 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."[81]

Danchenko pleaded not guilty to the charges and a trial was scheduled for April 2022.[82]

Awards and accolades[]

In 2011, Durham was included on The New Republic's list of Washington's most powerful, least famous people.[83]

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.[84][85]

Personal life[]

According to CNN, Durham is "press-shy" and is known for his tendency to avoid the media.[86] 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".[86]

See also[]

References[]

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