Will Garland finally end the Durham probe?

Created
Fri, 17/02/2023 - 05:30
Updated
Fri, 17/02/2023 - 05:30
Neal Katyal on the special counsel rules he wrote and which John Durham is bastardizing: The recent revelations about the special counsel John H. Durham’s investigation of the origins of Robert Mueller’s Russia inquiry paint a bleak picture — one that’s thoroughly at odds with governing law. Those rules, called the special counsel regulations, contemplate someone independent of the attorney general who can reassure the public that justice is being done. I drafted those guidelines as a young Justice Department official, and there is zero chance that anyone involved in the process, as it was reported on by The New York Times, would think that former Attorney General William Barr or Mr. Durham acted appropriately. According to the report, Mr. Barr granted Mr. Durham special counsel status to dig into a theory that the Russia investigation likely emerged from a conspiracy by intelligence or law enforcement agencies. That investigation has taken almost four years (longer than Mr. Mueller’s inquiry) and appears to be ending soon without any hint of a deep state plot against former President Donald Trump. Furthermore, the reporting suggests that the Durham inquiry suffered from internal dissent and ethical disputes as it lurched from one unsuccessful path to another, even as Americans heard a misleading narrative of its progress. But now Merrick Garland, not Mr. Barr, is the attorney general, and the regulations give him the power to require Mr. Durham to explain himself — and to discipline and fire Mr. Durham if the explanation is not adequate. Right…