Durham Report Criticizes FBI's Trump-Russia Probe, Suggests 'Confirmation Bias' And Not Malice Drove Investigation

In Final Report, Trump-Era Special Counsel Denounces Russia Investigation

By Charlie Savage, Glenn Thrush, Adam Goldman and Katie Benner

May 15, 2023
Updated 7:47 p.m. ET

John H. Durham, the Trump-era special counsel who for four years has pursued a politically fraught investigation into the Russia inquiry, accused the F.B.I. of having "discounted or willfully ignored material information" that countered the narrative of collusion between Donald J. Trump and Russia in a final report made public on Monday.

Mr. Durham's 306-page report revealed little substantial new information about the inquiry, known as Crossfire Hurricane, and it failed to produce the kinds of blockbuster revelations accusing the bureau of politically motivated misconduct that former President Donald J. Trump and his allies suggested Mr. Durham would uncover.

Instead, the report -- released without substantive comment or any redactions by Attorney General Merrick B. Garland -- largely recounted previously exposed flaws in the inquiry, while concluding that the F.B.I. suffered from confirmation bias and a "lack of analytical rigor" as it pursued leads about Mr. Trump's ties to Russia.

"An objective and honest assessment of these strands of information should have caused the F.B.I. to question not only the predication for Crossfire Hurricane, but also to reflect on whether the F.B.I. was being manipulated for political or other purposes," he wrote. "Unfortunately, it did not."

Mr. Durham said he was not recommending any "wholesale changes" to F.B.I. rules for politically sensitive investigations and for national-security wiretaps, which have already been tightened in recent years. He did recommend that the Justice Department consider assigning an official to internally challenge steps taken in politically sensitive investigations.

The report amounted, in part, to a defense and justification of a lengthy investigation that developed only two criminal cases, both of which ended in acquittal.

- Crossfire Hurricane "was opened as a full investigation without [the FBI] ever having spoken to the persons who provided that information." Days after it was opened, Peter Strzok was telling a London FBI employee that "there's nothing to this."

- Internal FBI communications discussing the Crossfire Hurricane during its early stages: it's "thin" and "it sucks".

- British Intelligence pushed back on Mueller requests for assistance: "[a British Intelligence person] basically said there was no [expletive] way in hell they were going to do it."

- Durham documents TWO investigations into Hillary Clinton - one involving the Clinton Foundation and one involving illegal foreign contributions to Clinton's Campaign.

- In one Clinton Campaign investigation, an FBI confidential human source (CHS) had offered an illegal foreign contribution to the campaign through an intermediary. The Clinton Campaign was "okay with it" and "were fully aware". The CHS offered the FBI a copy of the credit card charge; the FBI never got receipts. In fact, the FBI handling agent told the CHS "to stay away from all events relating to Clinton's campaign."

- In February 2016, FBI Assistant Director Andrew McCabe directed the Clinton Foundation investigation to be shut down. He walked that back after receiving push-back, but McCabe made sure that his approval was required for any further investigative steps.

- The New York Field Office was called on behalf of FBI Director Comey and informed to "cease and desist" from the Clinton Foundation investigation.

- The FBI and DOJ restricted both of those Clinton investigations, making sure that "essentially no investigative activities occurred for months leading up to the election." In comparison, the FBI opened a full investigation into the Trump Campaign based on unvetted "intelligence".