The Durham ReportAs I did a few years ago for
the Mueller report, I spent parts of the last few Shabbatot reading the Durham Report, and I feel like I owe it to my sense of intellectual honesty and the value I place on learning from primary sources to give a similar report on the experience.
The Mueller Report, though, is much better written, much more clearly organized, and much more significant as a document. I spent a lot of time reading the Durham Report wondering why I was doing it. So much of it feels trivial. Nonetheless, democracy requires us to be invested in its processes, dumb though they may be.
The 2016 election, you may recall, was a giant clusterfuck whose consequences we are still barely reckoning with. One of the major throughlines was the clearly expressed preference that the Russian government had for Donald Trump to become the next President of the United States, and their apparent willingness to employ illegal, covert tactics to try to influence the election toward that result. The Mueller Report discusses the counterintelligence investigation into some of those tactics, the ones we were aware of, chiefly Russian trollfarms trying to influence American voters on social media, and Russian hackers releasing embarrassing stolen documents from the Clinton campaign. One of the most unsettling parts of the Report, as I noted at the time, is that we are left unsure of how successful those efforts were and of which efforts by the Russian government we are still unaware of.
But at the time, because we were uncertain what was going on, there were a lot of rumored Russian efforts that probably weren't real. How could we know? The only way to find out would be to investigate and that would take time and resources and even then, maybe wouldn't reveal conclusive results. One set of rumors about Trump's relationship to Russia were collected in a private intelligence dossier called the Steele Report, and it accused several Trump foreign policy advisors of having covert relationships with key Russian government officials. Another set of rumors was assembled in a pseudo-technical document called the Alfa Bank document, and it accused the Trump campaign of having an email server with an encrypted direct connection to the Russian-owned Alfa Bank.
Five years down the road, it seems probable that neither of these particular sets of rumors and uncorroborated accusations reflects nefarious effort by the Trump campaign and its advisors. But in the environment of 2016, they all seemed at least plausible. Various people, some of whom were connected to the Clinton campaign (which, recall, had just been disastrously hacked by the Russian government), passed these rumors along to the FBI, whose job is to investigate such rumors insofar as they reflect America's counterintelligence and national security interests. They spent a lot of effort investigating, and ultimately they were unable to corroborate any of the rumors as true. All of this seems like, you know, it should be. Nobody should feel like before they pass along suspicion of foreign spying to the FBI, they need to lock down enough evidence to convict. It's the job of the FBI to receive incomplete information and figure out whether there's any substance to the suspicion.
The FBI took the Steele Report information, as well as generalized suspicion about the relationship between a Trump foreign policy advisor named Carter Page and various senior Russian officials, and applied for a FISA warrant to surveil Page. In order to do this, they had to go through the FISA process, a process established in the wake of COINTELPRO and other '70s scandals and updated across various later federal law enforcement abusive spying scandals, to get authorization from the courts. In order to do this, they threw together a shit sandwich of nonsense and speculation, which the court rubber stamped.
On its face, this is troubling, because Page is an American citizen and we don't really want an America where the FBI can spy on random American citizens because it puts together a pile of scurrilous rumors and calls it probable cause. And yet we live in such an America and have lived in that America for a long time. The Carter Page story is a scandal but it's mostly a scandal because it became public; It most likely could have been any of dozens of other similar cases that became public instead.
John Durham wants to say that what is actually troubling about the Carter Page surveillance is that it was done because the FBI... THE FBI... is full of left wing activists who were trying to promote their left wing Anti-Trump agenda. He does not have a lot of evidence for this, but he doesn't have zero evidence. There were definitely people in the FBI who didn't like Trump. What Durham definitely doesn't have evidence for is the FBI saying "Let's surveil Carter Page in order to make Trump lose an election." So what he does is throw up a lot of mud and hope it makes people distrust the FBI enough to think they had it out for Republicans.
This is kind of hilarious? Has John Durham ever met an FBI Agent? I was talking about my reading to someone and I described the Durham Report as a fascinating alternate history science fiction novel set in an alternate America where the FBI is full of loyal Democrats. This is the consistent thing about the Durham Report. He seems to expect that you are coming into the report with that alternate history as your starting premise.
And it's so much easier to start with a different starting premise: That the FBI is full of abusive assholes who lock onto suspects and then do Whatever It Takes to pursue them, even if it ignores the law, department policy, and moral sense. In
my review of James Comey's A Higher Truth, I wrote that the most plausible explanation for re-opening the Clinton email investigation, and announcing it publicly the way Comey did, is that some investigator was pissed at Clinton and wanted one last shot at her. The same explanation is probably true for the Carter Page investigation. Some FBI Agent really believed that Carter Page was a Russian spy, evidence be damned, and as a result he went after him laws be damned, because that's what the FBI does.
There's another missing starting premise in the Durham Report: The Russians really did hack the Clinton campaign and release private documents. This is important because Durham keeps trying to emphasize that many of the spurious leads that the FBI was starting from came from the Clinton campaign, and trying to suggest that they were trying to manipulate the FBI to engineer an October Surprise through fraudulent means. And I don't know, I don't want to say that the Clinton Campaign was pure as snow, but given that they'd just suffered a definite attack from the Russians, it's no wonder that they'd be a) highly suspicious of any rumor of Russian interference, no matter how uncorroborated with evidence and b) deeply invested in making sure such rumors get investigated.
Durham tried to prosecute Igor Danchenko for lying to the FBI about the Steele Report evidence, and Marc Sussman for lying to the FBI about the Alfa Bank evidence, and in both cases a jury said are you kidding me? Both Danchenko and Sussman supplied rumors to the FBI to track down, as was appropriate, the FBI investigated and found no evidence to support the rumors, as was appropriate, no crimes were committed.
And I don't know, given these alternate starting premises, the report just seems so trivial. You do not need 300 pages of discussion, much of which repeats the Inspector General's report, just to discuss a case that resulted in one guilty plea to falsifying evidence on a FISA warrant application that resulted in probation, and two failed attempts to prosecute for lying to the FBI.
But at the same time, I do think it's worth remembering that the FBI are a bunch of lying pieces of shit and that the Carter Page surveillance was absolutely a violation of his civil rights. Just because Trump and Durham are also lying pieces of shit doesn't make that less true.