Top House Democrats called for Justice Department Inspector General Michael Horowitz to investigate Attorney General William Barr and U.S. Attorney John Durham for their investigation of the Trump-Russia investigators one day after Senate Democrats made the same request.
“We write to ask that you open an emergency investigation into whether” Barr, Durham, and other Justice Department political appointees “are following DOJ’s longstanding policy to avoid taking official actions or other steps that could improperly influence the upcoming presidential election,” the Friday letter from the Democratic leaders said. “We also request that you evaluate the authority and scope under which” Durham “is operating” because Barr “has only provided vague and shifting statements about the purpose and scope of the investigation.”
Barr recently denied that he is being pressured by President Trump in his handling of Durham’s inquiry and claimed that any actions taken won’t affect the 2020 election. Barr has stressed that the Durham review will abide by Justice Department guidelines and has repeatedly said that despite urging from Trump, former President Barack Obama and former Vice President Joe Biden, who is now the 2020 Democratic presidential nominee, are not under criminal investigation.
The six-page Friday letter, signed by Judiciary Chairman Jerry Nadler of New York, Intelligence Chairman Adam Schiff of California, Oversight Chairwoman Carolyn Maloney, and House Administration Chairwoman Zoe Lofgren, followed a Thursday letter led by Democratic vice presidential nominee Kamala Harris along with nine other Democratic members of the Senate Judiciary Committee urging Horowitz to audit the investigation by Barr and Durham into the origins of the Trump-Russia inquiry and the conduct of law enforcement and intelligence officials during that investigation.
The Justice Department did not immediately respond to the Washington Examiner’s request for comment. The DOJ watchdog’s office declined to comment.
“It seems the Democrats are starting to panic at what Durham might have found. Having investigated the Russia collusion hoax for several years at the House Intelligence Committee, I think they probably have good reason to panic,” Rep. Devin Nunes, a California Republican and the ranking member on the House Intelligence Committee, told the Washington Examiner.
“House Democrats are absolutely terrified,” the Twitter account for Republicans on the House Judiciary Committee tweeted in response to the letter. “They know Barr and Durham are cleaning up … what the Obama/Biden DOJ left behind. And the results won’t be pretty for them.”
House Democrats wrote that “we are concerned by indications” that Barr “might depart from longstanding DOJ principles to take public action” related to Durham’s investigation “that could impact the presidential election.” They also claimed that “Barr has signaled repeatedly that he is likely to allow DOJ to take prosecutorial actions, make public disclosures, and even issue reports before the presidential election in November” and that “such actions clearly appear intended to benefit President Trump politically.”
Three prior attorneys general — George W. Bush’s attorney general, Michael Mukasey, and Obama’s attorneys general Eric Holder and Loretta Lynch — released similar memos on conducting investigations related to political candidates close to an election.
“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.
In February, Barr released his own memo.
“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 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.”
In what has been dubbed the “Obamagate” controversy, Trump supporters believe top officials in the Obama administration sought to sabotage Trump’s candidacy in 2016 and later his presidency, and many of them have called for indictments. Democrats have warned of a possible politicized “October surprise.”
Barr has said the two main goals of Durham’s investigation are sussing out the truth and exploring possible criminal charges. Only one person, Kevin Clinesmith, has been indicted in Durham’s inquiry so far. The former FBI lawyer, who played a role in both the investigation into former Secretary of State Hillary Clinton’s improper private email server and the Russia investigation, pleaded guilty to a false statements charge for fraudulently altering a CIA email to state that former Trump campaign associate Carter Page was “not a source” when he had, in fact, been an operational contact for the agency.
House Democrats claimed that “under longstanding DOJ policy, the Attorney General is expected to refrain from commenting on an ongoing investigation.” Democrats claimed that Barr and Durham “have made several public comments that could violate this Department policy and related guidelines.”
Horowitz concluded in December that the FBI’s investigation had “sufficient factual predication,” but Barr and Durham both stated that they disagreed.
“Based on the evidence collected to date, and while our investigation is ongoing, last month we advised the inspector general that we do not agree with some of the report’s conclusions as to predication and how the FBI case was opened,” Durham said in a rare statement last year.
Robert Mueller’s special counsel investigation concluded in April 2019 that Russia interfered in 2016 in a “sweeping and systematic fashion” but “did not establish” any criminal conspiracy between Russia and Trump’s campaign.
Horowitz’s December report criticized the Justice Department and the FBI for at least 17 “significant errors and omissions” related to the Foreign Intelligence Surveillance Act warrants against Page and for the bureau’s reliance on the Democratic-funded, discredited dossier compiled by British ex-spy Christopher Steele. Declassified footnotes from Horowitz’s report indicated that the bureau became aware that Steele’s dossier might have been compromised by Russian disinformation, and FBI interviews showed Steele’s primary subsource undercut the credibility of the dossier.
