OPINION | If John Durham is allowed to finish his report into Robert Muller’s Russia investigation, then AG Merrick Garland will be put in the no-win situation of deciding whether to make it public or not. Garland can avoid this just by firing Durham now.
throughout his tenure as Attorney General, meeting with him on a weekly basis as well as dining and drinking Scotch together—hardly the picture of investigation working independently of DOJ.
For these millions of dollars, Durham has managed only one misdemeanor guilty plea and two slam-dunk acquittals–the second of which followed. Following Durham’s apparently less than persuasive performance, the jury took only nine hours to acquit which at least kept them out longer than Durham’s first loss which took the jury only six hours.
Durham’s conduct also sparked resignations from his own staff. Durham’s own top deputy resigned in protest over his drafting of an interim report at Barr’s request to be circulated before election day. And in apparent disagreement with Durham over his decision to indict his first lost case, two prosecutors left his team with one resigning in protest and the other taking a job in the private sector.
The American people would not be well served by such a report. Special counsel reports are not opportunities to engage in political free speech under the First Amendment. Rather they are supposed to be evidence-based disclosures rooted in integrity. Durham gives no indication that he is capable of producing such a product.
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