Attorney General William Barr said there will be a “development” in U.S. Attorney John Durham’s criminal inquiry into the Russia investigation on Friday.
Barr, who made the announcement Thursday evening during an interview with Fox News host Sean Hannity, stressed it won’t be an “earth-shattering development,” but an “indication that things are moving along at the proper pace, as dictated by the facts in this investigation.”
Barr appointed Durham more than a year ago to review the origins of the Russia investigation and the federal law enforcement and intelligence officials who participated in it. He acknowledged that the coronavirus pandemic slowed down the investigation, which was shifted to a criminal inquiry last fall, but told Hannity he is “satisfied” with the progress made by the federal prosecutor.
In what has been dubbed the “Russiagate” or “Obamagate” controversies, President Trump’s most ardent supporters believe top officials in the Obama administration sought to sabotage Trump’s candidacy in 2016 and later his presidency. Many of them have called for indictments.
[UPDATE: Ex-FBI lawyer Kevin Clinesmith expected to plead guilty in Durham investigation]
When pressed by Hannity, Barr emphasized that the investigation needs to run its course. “When we feel we can prove a crime beyond a reasonable doubt, it will be charged, I can tell you that,” Barr said.
Democrats, some Justice Department veterans, and legal experts have raised concerns about the public release of Durham’s findings or indictments less than 90 days from the election, warning of a possible “October Surprise.”
“I’ve said there are going to be developments, significant developments, before the election, but we are not doing this on the election schedule. We are aware of the election, we are not going to do anything inappropriate before the election, but we are not being dictated to by this schedule, what’s dictating the timing of this are developments in the case, and there will be developments,” Barr told Hannity, adding, “The way out of the politicization and corruption of the justice system where it’s used as a political weapon by one party against another is not to deliver tit-for-tat, it’s not to use the tactics of the other side, it’s to uphold the rule of law, use the right standard, and that’s what I’m trying to do.”
[READ MORE: John Durham grills former top FBI lawyer: Report]
Under questioning late last month by Rep. Debbie Mucarsel-Powell, a Florida Democrat, Barr refused to commit under oath to not releasing a report before the November contest and pledged it would not “disrupt” the election.
The Justice Department has guidance related to “election year sensitivities,” but it is not at all clear that releasing Durham’s findings would violate the policy.
Three prior attorneys general — George W. Bush’s attorney general, Michael Mukasey, and Obama’s attorneys general Eric Holder and Loretta Lynch — all released similar memos related to conducting politically sensitive investigations.
“Simply put, politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges,” the Mukasey, Holder, and Lynch memos all stated. “Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.”
Barr released his own memo in February which added new details to the DOJ’s election-minded policies.
“The Department has long recognized that it must exercise particular care regarding sensitive investigations and prosecutions that relate to political candidates, campaigns, and other politically sensitive individuals and organizations — especially in an election year,” Barr’s memo said. “As we enter the 2020 election year, the Department remains committed to ensuring that this fall’s elections are conducted in a fair manner that is free from inappropriate influences.”
[READ MORE: Former CIA Director John Brennan not a target of prosecutors in John Durham investigation: Report]
Timing is also a mounting concern for the president’s allies who fear the federal prosecutor’s work will get buried should former Vice President Joe Biden defeat Trump.
During an interview with Fox Business anchor Maria Bartiromo on Thursday morning, Trump repeatedly said he hoped that Barr and Durham were not going to be “politically correct.” Calling the Russia investigation “the single biggest political crime in the history of our country,” the president said he hoped the Justice Department would not indict only “lower-level guys” because “it goes right to Obama and it goes right to Biden.”
The attorney general told Hannity, “If I was worried about being politically correct, I wouldn’t have joined this administration.”
In May, Barr insisted during a press conference that neither Obama nor Biden were targets of the investigation. “As to President Obama and Vice President Biden, whatever their level of involvement, based on the information I have today, I don’t expect Mr. Durham’s work will lead to a criminal investigation of either man,” Barr said.
Trump and many of his allies have long derided the Russia investigation as a “witch hunt.” The FBI’s counterintelligence investigation into ties between the Trump campaign and Russia, which began in the summer of 2016 was code-named Crossfire Hurricane, was later wrapped into Robert Mueller’s special counsel investigation after FBI Director James Comey was fired in May 2017.
Mueller’s report, released in April 2019, said Russians interfered in the 2016 election in a “sweeping and systematic fashion” but “did not establish” any criminal collusion between any Russians and anyone in Trump’s orbit. The report did show 10 instances of possible obstruction of justice that Democrats seized on as a road map to impeachment, and it led to convictions and guilty pleas from Trump associates over charges unrelated to Russia collusion.
The president made it clear on Thursday he has high hopes for Barr and Durham’s investigative effort.
“Barr can go down as the greatest attorney general in the history of our country, or he can go down as just an average guy,” Trump said on Fox Business. “It depends on what’s going to happen.”
Barr said the two main goals of Durham’s investigation are sussing out the truth and possible criminal charges. Only one person, former FBI lawyer Kevin Clinesmith, is known to be the subject of a referral for possible prosecution after the Justice Department inspector general found he altered a document in a filing for a Foreign Intelligence Surveillance Act renewal application to continue wiretapping onetime Trump campaign adviser Carter Page.
“One, I have said the American people need to know what actually happened, we need to get through the story of what happened in 2016 and 2017 now out,” Barr told Hannity. “The second aspect of this is if people crossed the line, if people involved in that activity violated criminal law, they will be charged.”
