The Aftermath of trumpian Scandals, Still Acted Out

One of the sadder thoughts I carry with me is how - looking back on it now - I had so much hope that the Mueller Report - into Russia's involvement in the 2016 Elections cycle and their involvement in trump's attacks on the American electoral process - would expose all of trump's sins and hold him accountable.

Alas.

Even with all that Mueller did find regarding the Russian end of the scandal - which produced real results, numerous arrests/plea deals/convictions, and exposed the facts of how foreign influence in our elections is an ongoing problem - the investigation closed - thanks to incoming Attorney General William Barr who rewrote and redacted the final report - before any direct links between trump's 2016 campaign and Russian operatives could be proved. At best, Mueller found evidence that trump obstructed the investigation, but he couldn't pursue an arrest and tried to get Congress to file impeachment (which they failed to do. The Democratic House decided to impeach over trump's misdeeds with Ukrainian military aid). 

That should have been, for better and worse, the end of that.

Except for trump's misbegotten narcissism, which casts himself as both Hero and Victim with every action taken against him.

Just as the Mueller investigation wound down, trump kept pushing the narrative that the FBI shouldn't have been investigating him for his ties to Russia in the first place. he insisted on a conspiracy theory that the "evidence" that started the Mueller probe was tainted: That it came from a hastily written and half-proved Steele Report that was started by Republican operatives trying to stop trump during the 2016 Primaries, instead of the FBI getting bits and pieces from other criminal investigations and clues well before the Steele Report was even started. trump argued, and kept screaming ever after, that he was the victim of an illegal spying campaign by both Obama and then Hillary Clinton using their ties to the FBI to embarrass the "ever-innocent donald trump."

So as Barr entered the scene to shut down Mueller's probe, Barr also fished around for a special prosecutor to follow up trump's claims of victimhood, and found one in US Attorney John Durham in Connecticut to handle that investigation.

Tasked with finding any malfeasance among the FBI investigators, and with any persons in Hillary Clinton's 2016 campaigns that may have done any illegal misdeeds, Durham has spent the last three years following any accusation that trump and his handlers insisted were real.

To summarize what Durham found during his witch hunt investigation into the FBI and Hillary's campaign: Not a lot.

If I can refer to Margaret Carlson at Washington Monthly about the uselessness of Durham's efforts:

Durham’s mission was impossible. Robert Mueller successfully convicted every bad actor he’d charged—more than three dozen—and stopped short of Trump because of a Justice Department memo saying a sitting president couldn’t be indicted. Mueller’s investigation was investigated and found to be predicated on sufficient, credible evidence by Inspector General Michael Horowitz. Republicans on the Senate Intelligence Committee agreed. They had to, there’s so much out there...

Barr set the tone for the inquiry by taking Durham on a James Bond–like three-star hotel, four-star eating tour of Rome to interview a peculiar professor we would never hear about again. From there, the probe dragged on. In 2021, Durham eked out a guilty plea from the former FBI attorney Kevin Clinesmith that he altered an email, with information he believed was true, to quickly fill out a surveillance warrant on Page, who frequented Moscow. Durham wanted Clinesmith, the first in his family to go to college and with a wife expecting their first child, to be incarcerated for six months for behavior that showed “his strong political views and/or personal dislike of [Trump].” Manna to Trump, if he were paying attention. The judge gave Clinesmith one year of probation (Editor's note: not even much of a slap on the wrist)...

If you recall Mueller's work - and several other special counsel probes throughout the decades - one of the key tools is getting lower-rung persons involved in shenanigans to plead out and then flip the higher-ups they can prove were committing other illegal acts. You can see Durham was trying to get several people he caught in relatively minor lies into flipping. And yet, none did.

Because no matter how much trump - and trump's cultists - yell and scream about it, the most likely scenario about how the FBI did its job investigation trump and the Russians is that, well, the FBI did its job. The people in Hillary's and Obama's orbits had no reason to flip for Durham because there was nothing really there in the first place.

Leading up to Durham's biggest failure yet to turn a gaslit lie into fact (back to Carlson):

The question is urgent after a Washington, D.C., jury returned a verdict of Not Guilty in Durham’s biggest case to date, charging the lawyer Michael Sussman with making a false statement. It followed on a meeting Sussman had with the FBI general counsel, James Baker, to inform him about information he had been given about curious activity between the computer servers of Donald Trump’s campaign and the Alfa Bank of Russia. Baker told Durham that Sussman hadn’t revealed his firm’s connections to Hillary Clinton’s campaign, although he admitted that his memory on the point had evolved. 

That gave Durham a premise for charging Sussman with a false statement by omission. It gives the rest of us a premise for thinking Durham is a Justice Department careerist out of gas. After the (Not Guilty) verdict, the jury foreperson said that the government’s time “could have been spent more wisely” than on a “possible lie to the FBI.”

Whatever Sussman did (which is so meager an omission and so minor an issue), to the jury it didn't rise to the level of guilt that Durham (and trump) needed. The truth about Sussman's warning to Baker didn't even seem to be at issue. Durham just wanted to catch someone close to Hillary in a lie. No one else bought it.

Without that guilty verdict, Durham's next court trial - going after Russian Igor Danchenko, accused of lying to the FBI about the contents of the Steele Dossier - is looking more like a show trial beating a dead trumpian horse.

I'm not the person you need to read on all of the miscues and screwups of Durham's flawed probe. Emptywheel is a far more dedicated and informed resource, and this is just one of many things she found wrong in Durham's work:

This entire three year process was launched with no evidence that a crime was committed, and it seems likely that only the Kevin Clinesmith prosecution, which DOJ Inspector General Michael Horowitz handed Durham months after he was appointed as a fait accompli and which could easily have been prosecuted by the DC US Attorney’s Office, provided an excuse to convene a grand jury to start digging in the coffers of Fusion GPS and Perkins Coie.

There was no crime. Durham was never investigating a suspected crime and then, as statutes of limitation started expiring, he hung a conspiracy theory on a claimed false statement for which he had no solid proof. Eight months into Durham repeating those conspiracy theories at every turn — conspiracy theories that Durham admitted would not amount to a crime in any case! — a jury told Durham he had inadequate proof a crime was committed and that the entire thing had been a waste of time and resources...

Compare that to the Russian investigation, which was started to figure out which Trump associate had advance knowledge of Russia’s criminal hack-and-leak operation and whether they had any criminal exposure in it...

The answer, by the way, was that at least two Trump associates had advance knowledge, George Papadopoulos and Roger Stone, and Stone shared his advance knowledge with Rick Gates, Paul Manafort, Steve Bannon, and Donald Trump, among others. By all appearances, DOJ was still investigating whether Stone had criminal exposure tied to his advance knowledge when Barr interfered in that investigation in February 2020, a fact that Barr hid until the day before the 2020 election.

With the Russian investigation, there was a crime: a hack by a hostile nation-state of a Presidential candidate, along with evidence that her opponent at least knew about the related leak campaign in advance. With the Durham investigation, there were only Fox News conspiracy theories and the certainty that Donald Trump shouldn’t be held accountable for encouraging Russia to hack his opponent...

There should be some sense of relief from those of us on the sidelines watching this theater of the absurd play out to a diminished whimper. It would be nice if it did.

But trump will not let go of his fear and his rage and his victimhood. He kept screaming after the decision that the "legal system is CORRUPT" and isn't letting this damage to his ego go away.

For trump, the grievance is the only way he can convince everyone else he wasn't in cahoots with Putin to fuck up our elections. And he wants to clear a path to redo those dirty tricks when 2024 rolls around.

Gods help us. This train wreck isn't over yet.