Making John Durham a special counsel will cause problems for Biden
Now Democrats' Trump administration arguments will come back to haunt them.
Jonathan Turley
Opinion columnist
Attorney General Bill Barr made two important evidentiary decisions yesterday that delivered body blows to both President Donald Trump and President-elect Joe Biden. First, Barr declared that the Justice Department has not found evidence of systemic fraud in the election. Second, he declared that there was sufficient evidence to appoint United States Attorney John Durham as a Special Counsel on the origins of the Russia probe. The move confirmed that, in a chaotic and spinning political galaxy, Bill Barr remains the one fixed and immovable object.
By appointing Durham as a Special Counsel, Barr contradicted news reports before the election that Durham was frustrated and found nothing of significance despite Barr’s pressure. Some of us expressed doubts over those reports since Durham asked for this investigation to be upgraded to a criminal matter, secured the criminal plea of former FBI lawyer Kevin Clinesmith, and asked recently for over a thousand pages of classified intelligence material.
Under the Justice Department regulations, Barr had to find (and Durham apparently agreed) that there is need for additional criminal investigation and “[t]hat investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances.†He must also find the appointment in the public interest.
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https://www.usatoday.com/story/opinion/2020/12/02/durham-special-counsel-give-biden-problems-column/3793099001/
