Below is my column in The Messenger, the new digital news platform created by Jimmy Finkelstein (the former owner of The Hill). Finkelstein’s signature has always been balanced publications where all viewpoints are represented and objectivity remains the touchstone for reporters. That puts him at odds with the “advocacy journalism” model sweeping other publications. The start of the new platform is good news for many of us who believe that the media is facing an existential choice in the coming years. I am happy to be able to contribute to the rollout of the site and look forward to working again with Jimmy and my old Hill editors.
Here is the column:
“Raw, unanalyzed, and uncorroborated.” Those words from the Durham Report summed up one of the most damning investigations in the Justice Department’s history.
In the 305-page report released Monday, special counsel John Durham concluded that the Trump-Russia investigation was launched without a required minimal level of evidence and shattered a host of departmental standards. Let that sink in: The Justice Department — as well as the media that covered it — effectively shut down a duly elected presidency, based on what turned out to be a politically engineered hoax.
That would make anyone angry. Really angry. Trump-level angry.
The fact is, in this instance, Donald Trump was correct when he said he was the target of a political hitjob funded by the Clinton campaign and maintained by virtually every media outlet. There is a word for that: disinformation.
Democrats such as former House Intelligence Committee Chairman Adam Schiff of California have pushed for censorship by claiming that disinformation is a threat to democracy. Well, this is that threat — the real one. This actually left an administration mired in a faux scandal for years, with high-ranking officials paraded before grand juries and their guilt then proclaimed nightly on cable news shows.
Even after the Mueller investigation found insufficient evidence of collusion between the Russian government and the Trump campaign, Rep. Schiff assured the public in March 2018, that “I can certainly say with confidence that there is significant evidence of collusion between the campaign and Russia” and he repeatedly promised to reveal it in his committee.
He never did, of course. Instead, he regularly criticized Durham’s investigation and called for it to end, to prevent this report from ever being released.
Others on the intelligence committee, like Rep. Eric Swalwell (D-Calif.), also insisted there was clear evidence of collusion. No less a figure than Obama’s former national intelligence director James Clapper suggested Trump was a Russian “asset.”
For its part, most of the media portrayed the now-infamous Steele dossier — the original basis for the collusion claims — as true, and the New York Times and Washington Post received Pulitzer Prizes for a story that not only has been debunked but shown to be the product of Hillary’s Clinton’s presidential campaign.
The Durham report is everything that the FBI investigation was not. It is dispassionate, detached and detailed. It exposes the origin of the collusion effort in the Clinton campaign, which hid its funding in legal fees. (The campaign was later fined by the Federal Election Commission for that concealment.) A few reporters did ask about a possible connection to the campaign, but Clinton campaign officials lied and denied it.
There was little need for concealment, however, when there was so little interest in investigating the story, either by key FBI figures or by the media.
American intelligence discredited the Steele dossier early on as likely Russian disinformation; the credibility of specific sources for the dossier was shredded. Yet then-FBI Director James Comey opened the most extensive investigation ever into an American president based on that tawdry, tattered record.
The lack of supporting evidence did not matter.
Instead, Comey clearly relished the dossier’s more salacious details. For example, in a 2018 interview, he declared: “Honestly, I never thought these words would come out of my mouth, but I don’t know whether the current President of the United States was with prostitutes peeing on each other in Moscow in 2013.”
The “pee tape” story was repeated endlessly by the media and by Comey. Durham, however, eventually showed that the source of the story was a Clinton associate.
For Comey, though, it appeared to be one of those stories that was just too good to fully check. Nor did he appear concerned that, before the Clinton campaign pushed the dossier to the media and the FBI, then-CIA Director John Brennan had briefed President Obama and his national security team on Hillary Clinton’s alleged “plan” to tie candidate Trump to Russia as “a means of distracting the public from her use of a private email server.”
According to Durham, Comey — who later wrote and sold a book on “ethical leadership” — led the FBI to use “raw, unanalyzed, and uncorroborated intelligence” to effectively tie up a duly elected president for three years.
Durham reports that FBI personnel admitted they disregarded standards for surveillance despite “acknowledging — both then and in hindsight — that they did not genuinely believe there was probable cause to believe that the target was knowingly [working for a foreign power].”
In the end, it is not a crime to be unethical or incompetent, so no charges will be filed as a result of the report. Durham clearly hopes that the belated transparency provided by his report will produce greater future accountability. That may be the only naive aspect of his findings.
Of course, the FBI promptly issued a statement that it has — once more — reformed itself in light of its failures. But who really believes this is unlikely to occur again?
Indeed, the same pattern and figures reemerged in 2020, when another false narrative was created to dismiss the Hunter Biden laptop scandal. Some of the officials involved in the false Russia collusion conspiracy were signatories on the letter by 51 former intelligence officials claiming that the laptop story was likely “Russian disinformation.” And the media again pushed that version before the 2020 election — only to admit, two years later, that the laptop was authentic all along.
Conspicuously missing in the aftermath of Durham’s report is the one thing that would establish a clear commitment to reform: an apology. Clinton, Comey, members of Congress and others could apologize to the American people — and, yes, even to Trump.
That, of course, will never happen. Attorney General Merrick Garland, in releasing a report that concluded this investigation never should have occurred, made no statement whatsoever.
Thus, Durham was left throwing haymakers in an empty political boxing ring — and those who perpetrated this scandal on the nation are left to carry on making money on books, speeches, TV commentary and lectures about political or electoral ethics. The media, meanwhile, is offering little more than a shoulder-shrug and more spin.
So, in the relative silence of media coverage following the report’s release, Durham can contemplate an ultimate Zen-like question: If a 305-page report proves a concerted political hoax but no one is there to read it, does it make a difference?
Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.
When James Comey lays his head on his pillow at night he still thinks that he did the right thing. Just like all the other people who fostered the Russia collusion story he does not have the moral fiber to admit to himself the harm that he brought to our nation. We should not forget that the people who brought this damage to the nation are still filling the halls if the Congress and reporting the news. When people say that nothing will happen I find myself in disagreement. We can vote them out of office and change the TV channel. There is something happening when CNN drops drastically in the ratings. There is something happening when more Democrats are watching Fox news than CNN. Things are happening and I’m sick of hearing the Eeyore whoa is me attitude. Things can change and you can be part of the change on a November day in 2024. I for one am not throwing in the towel and I still believe that We Can Make American Great Again.
Amen, Brother!
Hear!! Hear!! Same with me.
America has crossed the Rubicon and I don’t see a way back. Authoritarian and to some degree totalitarian leftists have taken over all the Country’s major institutions ranging from the educational system to cultural institutions to the MSM. Much of the administrative and regulatory infrastructure is also filled with soviet style commissars who have life long tenure.. The Supreme Court which is under massive attack might be the last barrier between what was once an advanced western democracy and a third world dictatorship. And that barrier might soon be breached. The majority of American people are either too apathetic, uninformed or too intimidated to effectively rebel. The barbarians have won and sadly voices like Turley will be suppressed and limited to the few token conservative opposition outlets that might also disappear as they have in Hong Kong and Russia
In order to properly combat this, it is incumbent on citizens who vote Democrat to say, “Enough!” The members of the media, who vote for Democrats, also need to say, “We want to win, and we want all of our issues passed and implemented, but not at the expense of the Constitution or the Republic.” Anyone paying attention knows those things are not going to happen. As well all know Republicans and conservatives are not just wrong, according to Democrats, they’re evil. What do you do to stop evil, whatever it takes. I’m sure those involved in this scandal sleep just fine at night knowing that, at the very least, what they did prevented Trump from implementing most of what he wanted to do through Congress, and the only thing he could do were Executive Orders, which could be easily reversed by the next Democrat president.
The removing of the IRS team tells me everything I need to know. Your Dems are now a regime, and we are likely going to have to fight them in the future. Again, I say this as an Independent, not a ‘conservative’. This is very much the farthest our country has fallen in its existence. The Bidens, Obamas, Clintons, and heck, even the Bush family – they are the worst thing imaginable that could have happened to a free society, and those of you that continue to vote blue are either stupid and never as intelligent as you thought you were, maybe even generationally (wealth can hide a lot of defects), or just not paying attention. Wake the eff up, because this going to get real if the 2024 is rigged, and by several accounts, it already is. Kill the dynasties. We are reliving revolutions that really don’t need to happen again if we have an ounce of sense, and that can only make me think that dem voters are ignorant/cowards afraid of looking bad.
If nothing is done it is because a. Republicans do not have the power and b. the Democrats and their media lapdogs will ignore or discredit the report. Here’s what needs to happen: Republicans need to win more elections and more people need to learn what actually happened. When my so-called “Progressive” friends spout their MSNBC/CNN talking points, I plan to ask them if they actually read Durham’s report, and offer to give them a copy of the Executive Summary. You should do the same.
republicans are the Good Neville Chamberlain
Democrats are 1930’s German Socialists
Republicans need to STOP being good and BREAK UP THE CABAL in DC
-Cut 50% of Fed gov
-Move 75% of DC to Heartland
-Remove entire leadership of DOJ, IRS, DHS and FBI
-5% tax Gross wall street trans & money goes offshore
-Tax all non-profits anyone gets $100k: colleges, hospitals, etc
-Ban fed aid/loans cities, states & college, make them fund themselves
-Jail Russian Hoax, COVID liars & Biden protectors, etc
-Ban public unions $ politics, only voters can fund politics
-Remove tax credits renewables, affordable housing, etc
-voting 1 day, in person, with ID, I don’t care if you vote, I care if you cheat
– 12 year limit on federal office….judge, president, senate, congress
USSR Redshirts,
Germany Brownshirts,
Italy Blackshirts,
China Redshirts,
US Democrats Rainbowshirts
SAME FASCISM!
Unlike many it seems, I see this a win. No, no new charges. I will admit that was a bit of a surprise, but no trumped up charges either. What is show in pretty plain light was both the willful ignorance and the political hit it was in actuality. There are two sets of rules, one for the other side and one for Trump. That is a problem regardless of how you feel about either or your personal brands of politics. This could have very easily been turned the other way around too. Watergate sound familiar?
The reason this is a win is because the harsh light is shed on the problem and changes are in the works. More importantly, there were others decrying the handling of the case and they were ignored. That says there are plenty of good people trying their best to do the right thing and those that pushed unethically are outed. That may not matter today, but it will haunt them at some point.
For those of you that do not like Durham and the outcome that you don’t like, remember, he did not condone. He said flat out there was plenty of wrongdoing and mistakes, they just did not rise to the level of crime.
BTW, by saying what he did, he gave Trump plenty of ammunition to show his first impeachment was a sham.
Quiet Man…”The reason this is a win is because the harsh light is shed on the problem and changes are in the works.” Garland has already provided lip-service by saying ‘changes have been made’. But what the point if there’s no consequences for those who didn’t follow policy *then*? Any ‘changes’ are little more than another empty threat (and will continue to be) as long as DOJ sees itself as Top Dog in the Executive branch of government. In other words, “samo-samo”.
I am afraid the answer to your question is NO! Democrats, most of them anyway, simply don’t care. Trump-haters don’t either. They just hate Trump and anything that could be used against him is fodder for them. I’ve not read the report yet – I have it and am starting to – but it appears that it mainly confirms information that we already knew, that Hillary Clinton is a lying crook and her campaign was made up of lying crooks. This is no surprise since she and her husband have ALWAYS been lying crooks, going back to when they first got together then brought their vileness to Arkansas where it all began. Democrats will do it again in 2024, whether the candidate is Trump, DeSantis, Rick Perry or someone else. Modern Democrats are the Radical Republicans of the 1860s-1880s.
I am slightly curious about the statement made by Attorney General Merrick Garland. Which investigation is he alleging should never have occurred?
On another note, I will say that the mainstream media complex had repeatedly said, without any evidence whatsoever, that there was a legitimate reason to investigate candidate, and then President, Trump, on the suggestion that he was a puppet of Vladimir Putin.
Legacy Media says…
Obama, the man in charge, was briefed on the Clinton efforts and says nothing. Do we really think lower level stooges did not inform their boss of more details? Do we really think they would have the guts not to do so?
And Biden was taking money from Romanians in 2015…and that slipped by Obama’s FBI and Treasury?
During Obama’s years the FBI and Treasury caught Denni Hastert pulling out $10k lots and investigated/arrested him. Biden ultimately got millions and that received no attention and investigation by Obama’s FBI and Treasury?
Do we really think Obama would let Clinton and Biden run their own scams on his watch? Be afraid…….
Professor Turley….please correct me if I am wrong…..Was the FBI Director James Comey EVER interviewed by anyone representing the Durham Special Counsel’s Office?
I have seen no reports of that intereview/interrogation every being done by the Durham Investigation.
I am former Federal Special Agent and have investigative experience….James Comey would be right up at the very top of my list of possible suspects for violations of Federal Criminal Statutes starting with 18 USC 1001 False Statement in re the FISA Warrant Applications as I am led to believe he. personally signed off on at least one of the four Affidavits for the Warrants.
If that is the case, his having appended his signature to one or more of the documents certifying the validity of the facts stated in the Affidavit….and any of that information was known to him to be false….that would be a patent violation of the Law.
If he was not interviewed or interrogated following the advisement of this Fifth Amendment Rights…..how can Durham claim to have made an honest genuine effort to pursue criminal violations of FBI/DOJ personnel?
An example….Clinesmith knowingly and with criminal intent falsified information knowing it would be used in the Affidavits…..yet he got a mere light tap on the wrist by Durham…..WHY?
The hallowed upper floors of the FBI HQ in DC should have resembled a ghoulish bowling alley due to the many heads rolling down them had an honest investigation been done and culpable persons penalized for their willful and criminal misconduct.
Why is it the American People feel like we have. been Catfished once again by the Deep State?
Based upon a report I read yesterday, Comey was not subpoenaed nor did he volunteer to testify. I’d provide a link but I can’t find it.
Thank you for your valuable insights, Ralph Chappell. I am not familiar with the statute of limitations for 18 USC Section 1001. Assuming that the applicable SL has run, do you see any basis for tolling? Any suggestions for reversing the current trajectory. People point to elections as the solution, but with the carefully coordinated efforts in both 2016 and 2020, it’s difficult for me to imagine that elections will be fair and free from corrupt interference going forward. Then the complicity of the mainstream media exacerbates an already dire situation. How do we wake America up and right the ship?
Catherine,
There are several ways to reverse the current trajectory some judicial, some political, and some extra-juridical and lets hope we do not see the last method employed.
There is no doubt, no evidence, and no offer of a successful movement of the first two methods at this time.
Congress is hopeless, the DOJ is the culprit, and the Courts must rely upon either or both of Congress and the DOJ to provide the means to being matters into the Courts which we see crippled by politics.
We as a Nation are on the road to perdition….and unless a movement is formed to force a peaceful cure for the problems within our system of justice (meaning that no person is above the law….and no person is beneath the law) our future is very grim.
All we have to do is look at reality….not the Democrat notion of reality….but the cold bitter truth.
The FBI interfered in the 2016 and 2020 Elections….there is no defense to that as we have seen proven what they did.
They were ably assisted by members of the Intelligence Community, Media, and Social Media….willingly and assertively assisted.
Members of Congress assisted…willingly and knowingly…..Adam Schiff and company.
All these folks continue to do so as they have not and shall not suffer harsh penalties nay any penalty for the evil they have perpetrated.
All you have to do is ask yourself why that is….and the answer is right there to be seen.
When a sitting President is briefed in the Oval Office in the presence of the very people who are sworn by solemn Oath to defend the Constitution of a conspiracy to throw an election by nefarious means….and not only do they do nothing….they actually assist in the furtherance of that criminal scheme.
Yet…..not one of them has been seriously challenged for their participation and the Media who is supposed to be the very segment of our society to do so…..does not and acts as the PR arm of that conspiracy.
You wonder why we Americans no longer have faith in our institutions such as the Justice System, the Rule of Law, our Elections?
What has become of the American Democrat Party and its Agenda harkens back to the late 30’s in other Countries and we know how that turned out for the Germans, Italians, and Japanese.
The loss of individual freedoms by their Citizens as a result of the destruction of their democracies by corrupt political parties can only be a warning to all of us no matter what our political party affiliation might be.
Unless we see a change in our path going forward…..are we going to see some sort of national disaster akin to what happened to them or other nations in history…..the Roman Empire, the Greek City States, and so many others?
Thank you, Ralph Chappell! I have become very discouraged. I hope that it’s not too late to wake people up. But when most folks get their news from the MSM, it’s going to be difficult. Do you remember Operation Mockingbird
“But when most folks get their news from the MSM, it’s going to be difficult.” Most folks are no longer getting news from MSM. They control the narrative, sure, but fewer and fewer folks are watching MSM. Remember, they used to have the whole choir. But having only one hymn to sing has led many members have leave, taking a substantial number in the congregation with them.
Any news source giving the hack Joe Scarborough headline space for his inane rants is NOT a balanced news source.
For my point, the credibility of the news source is absolutely irrelevant. I don’t care if the news column was written by Mickey Mouse or Sergeant Schultz!
The coup was successful. Trump lost and the participants got off scot free without even a wrist slap.
What is the statute of limitations of sedition?
The time has come to decentralize the federal bureaucracy and move every agency except for State and Defense to Middle America. It’s time for Congress to censure Schiff, and it’s time to call out the Clinton campaign for what it was – a bunch of hucksters and grifters who did their best to foment a coup
-Cut 50% of Fed gov
-Move 75% of DC to Heartland
-Remove entire leadership of DOJ, IRS, DHS and FBI
-5% tax Gross wall street trans & money goes offshore
-Tax all non-profits anyone gets $100k: colleges, hospitals, etc
-Ban fed aid/loans cities, states & college, make them fund themselves
-Jail Russian Hoax, COVID liars & Biden protectors, etc
-Ban public unions $ politics, only voters can fund politics
-Remove tax credits renewables, affordable housing, etc
-voting 1 day, in person, with ID, I don’t care if you vote, I care if you cheat
– 12 year limit on federal office….judge, president, senate, congress
Ban all publicly-funded, government unions – there’s no one on either ‘side’ representing tax payer’s interests.
Don’t forget NGOs and “think tanks.”
Agreed.
My SO told me 2 years ago that Durham was as much a part of the swamp as any and that nothing would come of it. Until we disinfect the entire swamp, nothing will change and that is a matter that will up-end our nation for years but it might be worth the blood and treasure to set things right.
OK – now that we know what we all knew, when will someone DO something with this information. I wish that instead of making one more speech, Speaker McCarthy and his crew would DO SOMETHING with this information. De-fund the DOJ, impeach the attorney general – SOMETHING. But no – once again we sit still and flap our lips, leaving the democrats and their media co-conspirators to fashion the narrative in whatever manner they please.
It took the democrats no time at all to have a bunch of 1/6 “insurrectionists” locked up and the key conveniently thrown away. How about some action? Or are we just going to dither – and lose the country again?
It’s really not up to McCarthy to do anything. The reality is, as long as the Dems hold the Senate, nothing of any impact will happen. The protagonists have to be We The People. We have to vote out the “do nothings” on BOTH sides and instill a fear in the halls of Congress that if you don’t do you job then you’ll be looking for another.
That’s the only real action that will have any impact.
I had not heard of the Messenger until yesterday – glad to hear the origins and I wish them much success!
Biden administration is no longer even pretending to follow the rule of law.
This is literally a waste of time and taxpayers’ money because nobody suffers any consequences. It’s political theater on our dime. It will only change when we bring back public executions — and I mean it!
And the Republicans simply sit and dither! It would be nice if they would start playing in this intense game!
Trouble is republicans quarter back was sacked, offensive line just gave up, it’s leader Ryan stumbled into the democrats, folly by golly.
I only disagree in that they don’t have to be public.