Is Durham letting FBI skate for offenses?

 Paul Sperry:

Since being named special counsel in October 2020, John Durham has investigated or indicted several unscrupulous anti-Trump informants. But he has spared the FBI agents who handled them, raising suspicions he's letting investigators off the hook in his waning investigation of misconduct in the Russiagate probe.

In recent court filings, Durham has portrayed the G-men as naive recipients of bad information, tricked into opening improper investigations targeting Donald Trump and obtaining invalid warrants to spy on one of his advisers.

But as the cases against the informants have gone to trial, defense lawyers have revealed evidence that cuts against that narrative. FBI investigators look less like guileless victims and more like willing partners in the fraudulent schemes Durham has brought to light.

Notwithstanding his reputation as a tough, intrepid prosecutor, Durham has made excuses for the misconduct of FBI agents, providing them a ready-made defense against any possible future prosecution, according to legal experts.

"Durham was supposed to clean up the FBI cesspool, but it doesn't look like he's going to be doing that," said Paul Kamenar, counsel to the National Legal and Policy Center, a Washington watchdog group. "He started with a bang and is ending with a whimper."

In the latest example, critics point to a flurry of pretrial motions in Durham's case against former FBI informant Igor Danchenko, the primary source for the false claims regarding Trump and Russia advanced by the opposition research paid for by Hillary Clinton's campaign known as the Steele dossier.

Next month, Danchenko faces charges he lied to FBI investigators multiple times about the sourcing of the information in the dossier, which the bureau used to secure wiretap warrants to spy on a former Trump campaign adviser. Relying on Danchenko's reporting, the FBI claimed that the adviser, Carter Page, was a Russian agent at the center of "a well-developed conspiracy of cooperation" between Trump and the Kremlin to steal the 2016 presidential election.
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But Danchenko's legal team points out that he turned over an email to the FBI during a January 2017 meeting with agents and analysts that indicated a key dossier subsource may have been fictionalized. Stuart Sears, one of Danchenko's attorneys, argued earlier this month in a motion to dismiss the charges that investigators "essentially ignored" any concerns they may have had about Danchenko's sourcing, because they continued to renew the FISA warrants based upon it. Therefore, he argued, any lies his client allegedly told them were inconsequential, making them un-prosecutable under federal statutes requiring such false statements to have a "material" impact on a federal proceeding.

While Durham did not dispute the FBI's apparent complicity in the fraud, he waved it aside as immaterial to the case at hand. "The fact that the FBI apparently did not identify or address these inconsistencies is of no moment," he said in his filing.

At the same time, Durham acknowledged agents allowed the fabrications to contaminate their wiretap warrants – noting they were "an important part of the FISA applications targeting Carter Page." But he stopped short of blaming the FBI, even for incompetence. According to Durham, the nation's premiere law enforcement agency was misled by a serial liar and con man.

"He's painting it as though the FBI was duped when the FBI was more than willing to take the initiative and go after Trump," Kamenar said, adding that though Danchenko may have been a liar, he was a useful liar to FBI officials and others in the Justice Department who were pursuing Trump.

The special prosecutor's indifference to the FBI's role in the scandal is more remarkable in light of what Danchenko admitted in his January 2017 interviews with the FBI. He told investigators that much of what he reported to Steele was "word-of-mouth and hearsay," while some was cooked up from "conversation that [he] had with friends over beers," according to a declassified FBI summary of the interviews, which took place over three days. He confessed the most salacious allegations were made in "jest."
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If Durham is not going to hold the FBI accountable Congress should perhaps appoint another special prosecutor to look into the allegations about the FBI's conduct in this case and others.