Russiagate: Bill Barr at the Cross Roads

Did he sell his soul or not? At Anxious, Jonathan Swan whines that Trump pressures Barr to release so-called Durham report. He better, because if he doesn't the Democrats will bury it. Barr is too trusting of Democrat's good behavior. It's no secret anymore, but Katie Pavlich at Town Hall want you to know that The Durham Probe Is Now a Special Counsel Investigation, AP, Barr appoints special counsel in Russia probe investigation. David Kreyden at Human Events fears that Without a Special Counsel, There Might Never Be a Durham Report.   My fear is that this mean Durham feels free now to indict a couple of low level FBI agents, and then turn in a report mildly critical of the the FBI and DOJ in five or ten years.

Althouse, "By appointing Durham as a Special Counsel, Barr contradicted news reports before the election that Durham was frustrated and found nothing of significance...."

"Under the Justice Department regulations, Barr had to find (and Durham apparently agreed) that there is need for additional criminal investigation and '[t]hat investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances.' He must also find the appointment in the public interest.... Presumably, the conflict is not in the current administration since it would have required an earlier appointment. The conflict would seem to be found in the upcoming Biden administration...The list of the names of people falling within that mandate is a who’s who of Washington from Hillary Clinton to James Comey to . . . yes . . . Joe Biden.... From a political perspective, the move is so elegantly lethal that it would make Machiavelli green with envy.... Durham['s] replacement or the termination of his investigation would be viewed as an obstructive act. Indeed, when Trump even suggested such a course of action, he was accused of obstruction by a host of Democratic politicians and legal experts.... Moreover, with the Mueller report, virtually every Democratic leader demanded that the report be released with no or few redactions. The Trump administration waived most executive privileges and released most of the report.... The Durham appointment will now force Democrats to answer why they do not support the same public release of the report so that voters can 'draw our own conclusions.'"

Writes Jonathan Turley in "Making John Durham a special counsel will cause problems for Biden/Now Democrats' Trump administration arguments will come back to haunt them" (USA Today).

Josh Blackmun at the Volokh Report reports hopefully that the Lawfare crowd opposes the move, and tries to find arguments that it's illegal. New on Lawfare: The Statutory Authority for Barr's Appointment of Durham as Special Counsel

My conclusion offers a preview of what lies ahead:

Soon enough, many of the fights from the Mueller investigation may be rekindled, but with the roles reversed. Congressional Democrats will criticize the Durham investigation as a partisan proceeding. Congressional Republicans will celebrate the investigation as a way to uncover illegal conduct. After a few years, the report will be completed, and the next attorney general will be under pressure to release as much of the report as possible. Afterwards, Congressional Republicans will sue to un-redact confidential grand jury materials. And, throughout the process, the press will receive a never-ending drip-drip-drip of allegations. Here we go again.

And I'll flag one final point. Durham may ask current President, and former Vice President Biden to sit for a deposition to discuss an important meeting held in the waning days of the Obama administration. Everything is old is new again.

One can also take heart that  Adam Schiff, Who Championed The Mueller Probe, Opposes Durham Appointment (Chuck Ross at Da Caller), but in his case I suspect it's merely a spinal reflex.

Sundance at CTH is suspicious, AG Bill Barr Appointed John Durham as Special Counsel October 19th – Did Not Tell Anyone, Did Not Inform Public… 

However, here’s the issue… under DOJ regulations [28 cfr 600] a special counsel must come from “outside government“; so did John Durham resign his position prior to the appointment, or has Bill Barr just given the appearance of a special counsel appointment while knowing the legal validity of it will collapse upon challenge?

and wonders Does Special Counsel Appointment Block President Trump’s Ability to Declassify Documents?…. I can't see why, but it might complicate it. Just do it. Also, The Exact Day AG Barr Appointed a Special Counsel, President Trump Said This: “I’ll Only Say It Once”…

 

AllahPundit at Hot Air, Biden Advisor: We’re Keeping Chris Wray On As FBI Director — Unless Trump Fires Him First, and Ace, Shock: Hypothetical Commander-in-Thief Biden Would Keep Deep State Democrat Operator Christopher Wray as FBI Head, Should He Successfully Steal the Election "Wow, what a surprise."

Weird, but I'm not sure what it signifies, Carter Page Says FBI Agent Used Fake Name During Interviews. But certainly suspicious. 

Ace, Columbia Law Hires James Comey as a "Leader-in-Residence". You can always serve as a bad example. 

At Bloomberg, noted Anti-Trump lawyer and impeachment witness Noah Feldman claims Pardoning Giuliani Would Put Trump in Legal Jeopardy. An unbiased declaration, no doubt.

And  Jerry Dunleavy at WaEx details how Unearthed secrets detail how Hillary Clinton allies boosted Christopher Steele's access to FBI