DJ4SC Junior Member Joined: Aug 24, 2017 Messages: 28,121 Likes Received: 38,635 Aug 8, 2020 #18421 Con’t.... The former prosecutor, who’s worked with Durham, said his old colleague may start revealing developments from his case weeks in advance of the 60-day cut-off, or ideally right after the political conventions. The GOP convention, which follows the Democrats’ gathering, ends Aug. 27. “They are nervous about affecting the election, so timing is everything,” he said. “It will be tricky.” At the same time, the former Justice official said Durham could exploit a loophole in the department rule, memorialized in memos dating to 2008, that allows for action closer to the election. It states that “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. Such a purpose is inconsistent with the Department’s mission.” (Emphasis added.) The operative phrase – “for the purpose of” – leaves leeway for actions close to an election that aren’t taken “for the purpose” of affecting the election. In other words, Durham wouldn’t necessarily have to lie low for the two months in the run-up to the election. Testing that loophole with an “October surprise” would almost certainly send Democrats and the Washington media into high dudgeon. Some are skeptical Durham will deliver at all, regardless of the deadline, while others question his reputation as a fierce prosecutor. They point to his nearly three-year investigation of CIA officials who destroyed videos of terrorist detainees allegedly being “tortured.” Congress had sought the evidence, but Durham closed the case in 2012 without filing any criminal charges. And his final report about what he found remains classified. In a 2018 criminal case, moreover, he cleared Comey’s general counsel, James Baker, of unauthorized leaks to the media. The Senate’s top FBI watchdog, Chuck Grassley, has grown frustrated with Durham’s lack of progress. “Durham sh[ou]ld be producing some fruit of his labor,” the Iowa senator groused in a recent tweet. Swecker attributes the sluggish pace of Durham’s sprawling probe to the COVID-19 health scare, which has restricted travel and grand jury meetings in the D.C. area. Durham’s team of investigators, who include retired FBI agents, has been operating out of his New Haven, Conn., offices. Besides Washington, they have taken trips abroad. Before the coronavirus outbreak, they interviewed authorities and other sources in Italy, Britain and Australia. In addition, Durham’s agents have been slowed by an avalanche of subpoenaed electronic media, including emails, texts and direct messages, “which are incredibly difficult and time-consuming to sort through,” Swecker said. Such evidence is not limited to FBI, Justice and CIA officials. Durham also has reportedly obtained, for instance, data and meta-data contained on two BlackBerry cellphones used by Joseph Mifsud, a shadowy Maltese professor who some believe was used by the FBI to create a predicate to open the original case against the Trump campaign. During last week’s House hearing, Rep. Tom McClintock, R-Calif., asked Barr if he would be able to “right this wrong” against Trump before the election. “I really can’t predict that,” the attorney general answered. “John Durham is looking at all these matters. COVID did delay that action for a while. But he’s working very diligently.” Added Barr: “Justice is not something you can order up on a schedule like you’re ordering a pizza.” McClintock warned Barr that if he is succeeded by a Biden appointee, Durham’s investigation will simply go away. “I understand your concern,” Barr sighed. This and all other original articles created by RealClearInvestigations may be republished for free with attribution. (These terms do not apply to outside articles linked on the site, nor to any photos or images that appear with articles.) We provide our stories for free but they are expensive to produce. Help us continue to publish distinctive journalism by making a contribution today to RealClearInvestigations. https://thefederalistpapers.org/us/ex-colleagues-see-durham-dropping-bombshells-labor-day Troianus Acies and CrownoftheValley like this.