House censures Rep. Adam Schiff over Trump-Russia investigations

The House voted Wednesday to censure California Rep. Adam Schiff for comments he made several years ago about investigations into Donald Trump’s ties to Russia, rebuking the Democrat and frequent critic of the former president along party lines. Schiff, who will stand in front of the House while the resolution is read, becomes the 25th House lawmaker to be censured. He was defiant ahead of the vote, saying he will wear the formal disapproval as a “badge of honor” and charged his GOP colleagues of doing the former president’s bidding. “I will not yield,” Schiff, who is running for the Senate in his home state, said during debate over the measure. “Not one inch.” More than 20 Republicans voted with Democrats last week to block the censure resolution, but they changed their votes this week after the measure’s sponsor, Republican Rep. Anna Paulina Luna of Florida, removed a provision that could have fined Schiff $16 million if the House Ethics Committee determined he lied. Several of the Republicans who opposed the resolution last week said they opposed fining a member of Congress in that manner. The final vote was 213-209. The revised resolution says Schiff held positions of power during Trump’s presidency and “abused this trust by saying there was evidence of collusion between Trump’s campaign and Russia.” Schiff was one of the most outspoken critics of the former president as both the Justice Department and the Republican-led House launched investigations into Trump’s ties to Russia in 2017. Both investigations concluded that Russia intervened in the 2016 presidential election but neither found evidence of a criminal conspiracy. “Representative Schiff purposely deceived his Committee, Congress, and the American people,” the resolution said. Schiff, the former Democratic chairman of the House Intelligence Committee and the lead prosecutor in Trump’s first impeachment trial, has long been a top Republican political target. Soon after taking back the majority this year, Republicans blocked him from sitting on the intelligence panel. The House has only censured two other lawmakers in the last 20 years. Republican Rep. Paul Gosar of Arizona was censured in 2021 for tweeting an animated video that depicted him striking Rep. Alexandria Ocasio-Cortez, D-N.Y., with a sword. Former Democratic Rep. Charlie Rangel of New York was censured in 2010 for serious financial and campaign misconduct. The censure itself carries no practical effect, except to provide a historic footnote that marks a lawmaker’s career. But the GOP resolution would also launch an ethics investigation into Schiff’s conduct. While Schiff did not initiate the 2017 congressional investigation into Trump’s Russia ties — then-House Intelligence Committee Chairman Devin Nunes, a Republican who later became one of Trump’s most ardent defenders, started it — Republicans arguing in favor of his censure Wednesday blamed him for what they said was the fallout of that probe, and of the separate investigation started that same year by Trump’s own Justice Department. Luna said that Schiff’s comments that there was evidence against Trump “ripped apart American families across the country” and that he was “permanently destroying family relationships.” Several blamed him for the more than $30 million spent by then-special counsel Robert Mueller, who led the Justice Department probe. Schiff said the censure resolution “would accuse me of omnipotence, the leader of some a vast Deep State conspiracy, and of course, it is nonsense.” Democrats aggressively defended their colleague. Maryland Rep. Jamie Raskin, who led Trump’s second impeachment, called the effort an “embarrassing revenge tour on behalf of Donald Trump.” Mueller, who led the two-year Justice Department investigation, determined that Russia intervened on the campaign’s behalf and that Trump’s campaign welcomed the help. But Mueller’s team did not find that the campaign conspired to sway the election, and the Justice Department did not recommend any criminal charges. The House intelligence committee probe launched by Nunes similarly found that Russia intervened in the election but that there was no evidence of a criminal conspiracy. Schiff was the top Democrat on the panel at the time. Schiff said last week that the censure resolution was “red meat” that Speaker Kevin McCarthy was throwing to his conference amid squabbles over government spending. Republicans are trying to show their fealty to Trump, Schiff said. He said he warned the country during impeachment proceedings three years ago that Trump “would go on to do worse. And, of course, he did worse in the form of a violent attack on the Capitol.” After Democrats won the House majority in 2018, the House impeached Trump for abuse of power after he threatened to withhold military aid to Ukraine and urged the country’s president to investigate then-candidate Joe Biden. Schiff was the lead House prosecutor making the case for conviction to the Senate, arguing repeatedly that “right matters.” The Republican-led chamber ultimately acquitted him. Trump was impeached a second time a year later, after he had left office, for his role in the January 6, 2021, insurrection at the Capitol. The Senate again acquitted Trump. In the censure resolution against Schiff, Luna also cited a report released in May from special counsel John Durham that found that the FBI rushed into its investigation of Trump’s campaign and relied too much on raw and unconfirmed intelligence. Durham said investigators repeatedly relied on “confirmation bias,” ignoring or rationalizing away evidence that undercut their premise of a Trump-Russia conspiracy as they pushed the probe forward. But he did not allege that political bias or partisanship were guiding factors for the FBI’s actions. Trump had claimed that Durham’s report would reveal the “crime of the century” and expose a “deep state conspiracy” by high-ranking government officials to derail his candidacy and later his presidency. But the investigation yielded only one conviction — a guilty plea from a little-known FBI employee — and the only two other cases that were brought both ended in acquittals at trial. On Wednesday, just before the vote, Schiff’s campaign sent out a fundraising email that said Luna had introduced “yet ANOTHER resolution to censure me.” “The vote and debate will happen imminently,” the email read,

Cassidy Hutchinson, Donald Trump White House aide, now in spotlight

Just two years out of college, Cassidy Hutchinson said she watched as a valet mopped up the president’s lunch after he had smashed his plate against a wall. Donald Trump was in a rage because his attorney general had refuted his claims that the election he lost had been stolen. Weeks later, as she watched Trump resist entreaties to try to stop the rioters, the young aide who once said she went into public service to “maintain American prosperity and excellence” described her own disgust at the president. “We were watching the Capitol building get defaced over a lie,” Hutchinson said After months of testimony from a former attorney general and other powerful officials, including Trump’s daughter and son-in-law, it was a 25-year-old staffer who perhaps put Trump’s conduct into its sharpest relief. Speaking in an even, measured tone, Hutchinson made several shocking revelations about Trump and Mark Meadows in nationally televised testimony before a House committee investigating the January 6, 2021, insurrection. An obscure aide prior to Tuesday’s hearing, Hutchinson showed detailed knowledge of the inner workings of the Trump White House, including in the critical days that Trump and his advisers plotted to reverse President Joe Biden’s election victory. There was no widespread election fraud. Trump lost more than 60 court cases attempting to prove wrongdoing, and even his own attorney general, William Barr, said his claims were meritless. Barr’s statements made to The Associated Press prompted Trump smashing his lunch against the wall, Hutchinson testified. She showed her familiarity with key Trump figures, referring at times to Meadows, security official Tony Ornato, and national security adviser Robert O’Brien by their first names. Meadows, in turn, called her “Cass,” in her retelling of one story. Although the White House is perhaps the world’s most prestigious office building, much of the staff is young, sometimes even fresh out of college like Hutchinson. They often previously worked on the president’s campaign or the national party, and they’re distinguished by their ambition and willingness to work long hours for little pay. They’re also critical to any administration’s machinery. They help with the logistics of media coverage, prepare for public events and answer the phones. Because they’re often within earshot as the country’s most powerful people gossip and plan, discretion is expected. Young aides often go on to bigger government roles or prestigious positions in business or the media. Some run for office themselves. But Trump’s White House turned many aides into government witnesses. The Justice Department and Congress probed allegations of Russian influence on his first presidential campaign, his efforts to pressure Ukraine’s president to produce derogatory information about Biden and his son Hunter, and the insurrection. Meadows has refused to testify, as have some others close to Trump. Hutchinson described Meadows as detached and frequently scrolling his cellphone at key moments. Meadows didn’t immediately look up from his phone when Ornato, a Secret Service official detailed to the White House, warned him about weapons in the crowd outside the White House on the morning of January 6, where Trump’s supporters were waiting to hear from him. Many in the crowd had guns and other weapons, including spears attached to the end of flagpoles, Hutchinson recalled. She said she was close enough to Trump at one point to hear him demand that attendees not be screened so that they could fill the crowd, saying, “I don’t effing care that they have weapons. They’re not here to hurt me.” And she alleged Trump became so irate at being driven back to the White House after his speech — when he exhorted rallygoers to “fight like hell” — rather than the Capitol that he tried to grab the steering wheel of the presidential limousine away from a Secret Service agent who was driving. “I’m the effing president,” Hutchinson said she was told Trump had said. Trump, writing on his personal social media network, dismissed Hutchinson as “a total phony and ‘leaker.’” “Never complained about the crowd; it was massive,” he said. “I didn’t want or request that we make room for people with guns to watch my speech. Who would ever want that? Not me!” The events in her testimony — explained in new and vivid detail for the first time publicly — are of potentially vital interest to both the committee and the Justice Department. Federal agents have seized the phones of Jeffrey Clark and John Eastman, two lawyers who pushed false claims of election fraud and the discredited theory that Biden’s electors could be replaced. Republicans in at least five states have also been served with subpoenas or warrants. There was relatively little known about Hutchinson prior to her public testimony. In a 2018 profile published by her undergraduate alma mater, Christopher Newport University in Newport News, Virginia, Hutchinson recalled being “brought to tears” when she received an email telling her she’d been accepted to a White House internship program. “As a first-generation college student, being selected to serve as an intern alongside some of the most intelligent and driven students from across the nation – many of whom attend top universities – was an honor and a tremendous growing experience,” she is quoted as saying. She says in the article that she attended numerous events hosted by Trump and often watched out her window as Marine One would depart the White House’s South Lawn. “My small contribution to the quest to maintain American prosperity and excellence is a memory I will hold as one of the honors of my life,” she said in the piece. One sign of Hutchinson’s possible willingness to cooperate with investigations is her choice of lawyers. She recently switched from a former Trump White House official to a veteran former Justice Department official who served as chief of staff to former Attorney General Jeff Sessions and who emerged as a key witness for special counsel Robert Mueller’s investigation into ties between Russia and the 2016 Trump campaign. Jody Hunt, the new lawyer, recounted for Mueller’s team the extent to which

U.S. expels Russian diplomats, imposes sanctions for hacking

The Biden administration announced Thursday the U.S. is expelling 10 Russian diplomats and imposing sanctions against several dozen people and companies, holding the Kremlin accountable for interference in last year’s presidential election and the hacking of federal agencies. The sweeping measures are meant to punish Russia for actions that U.S. officials say cut to the core of American democracy and to deter future acts by imposing economic costs on Moscow, including by targeting its ability to borrow money. The sanctions are certain to exacerbate tensions with Russia, which promised a response, even as President Joe Biden said the administration could have taken even more punitive measures but chose not to in the interests of maintaining stability. “We cannot allow a foreign power to interfere in our democratic process with impunity,” Biden said at the White House. Sanctions against six Russian companies that support the country’s cyber efforts represent the first retaliatory measures against the Kremlin for the hack familiarly known as the SolarWinds breach, with the U.S. explicitly linking the intrusion to the SVR, a Russian intelligence agency. Though such intelligence-gathering missions are not uncommon, officials said they were determined to respond because of the operation’s broad scope and the high cost of the intrusion on private companies. The U.S. also announced sanctions on 32 individuals and entities accused of attempting to influence last year’s presidential election, including by spreading disinformation. U.S. officials alleged in a declassified report last month that Russian President Vladimir Putin authorized influence operations to help Donald Trump in his unsuccessful bid for reelection as president, though there’s no evidence Russia or anyone else changed votes or manipulated the outcome. The actions, foreshadowed by the administration for weeks, signal a harder line against Putin, whom Trump was reluctant to criticize even as his administration pursued sanctions against Moscow. They are the administration’s second major foreign policy move in two days, following the announcement of troop withdrawals from Afghanistan. Until now, Biden has largely focused on the coronavirus pandemic and economy in his first months in office. Biden said that when he advised Putin days earlier of the forthcoming measures — which included the expulsion of the 10 diplomats, some of them representatives of Russian intelligence services — he told the Russian leader “that we could have gone further but I chose not to do so. I chose to be proportionate.” “We want,” he said, “a stable, predictable relationship.” Even so, Russian officials spoke of a swift response, with Deputy Foreign Minister Sergei Ryabkov warning that “a series of retaliatory measures will come in the nearest time.” Other American measures are expected, though the administration is not likely to announce them. Officials have advised that their response to Russia would be in ways both seen and unseen. The sanctions are the latest in a series of actions that successive presidential administrations have taken to counter Russian behavior seen as antagonistic. It is unclear whether the new U.S. actions will result in changed behavior, especially since past measures — both Trump and Barack Obama expelled individual diplomats during their presidencies — have failed to bring an end to Russian hacking. But experts suggest this latest round, even while not guaranteed to curb cyberattacks, might have more resonance because of its financial impact: The order makes it more difficult for Russia to borrow money by barring U.S. banks from buying Russian bonds directly from the Russian Central Bank, Russian National Wealth Fund and Finance Ministry. It could complicate Russian efforts to raise capital and give companies pause about doing business in Russia. The impact of the sanctions and the U.S. willingness to impose costs will be weighed by Putin, though he is unlikely to make “a 180” degree pivot in his behavior, said Daniel Fried, a former assistant secretary of state for European and Eurasian Affairs. “The issue is, how can we push back against Putin’s aggression, while at the same time keeping open channels of communication and continuing to cooperate with Russia in areas of mutual interest,” Fried said. “And it seems to me the Biden administration has done a pretty good job framing up the relationship in exactly this way.” Eric Lorber, a former Treasury Department official now with the Foundation for Defense of Democracies, said the administration, is “surely trying to balance putting pressure on Russia, pushing back on Russia, while at the same time, not engaging in full-fledged economic warfare.” The White House did not impose sanctions related to separate reports that Russia encouraged the Taliban to attack U.S. and allied troops in Afghanistan, saying instead that Biden was using diplomatic, military, and intelligence channels to respond. Reports of alleged “bounties” surfaced last year, with the Trump administration drawing criticism for not raising the issue directly with Russia. Administration officials said Thursday they had only low to moderate confidence in that intelligence, in part because of the ways in which the information was obtained, including from interrogations of Afghan detainees. Among the companies sanctioned are websites U.S. officials say operate as fronts for Russian intelligence agencies and spread disinformation, including articles alleging widespread voter fraud in 2020. The individuals who were targeted include Konstantin Kilimnik, a Russian and Ukrainian political consultant who worked with former Trump campaign chairman Paul Manafort and who was indicted in special counsel Robert Mueller’s Russia investigation. The Treasury Department said Thursday that Kilimnik had provided “sensitive information on polling and campaign strategy” to Russian intelligence services. That went further than Mueller’s office, which said in 2019 that it had been unable to determine what Kilimnik had done with the polling data after getting it from the Trump campaign. Also sanctioned were the Kremlin’s first deputy chief of staff, Alexei Gromov, several individuals linked to Yevgeny Prigozhin, a businessman with close ties to Russia’s president, nicknamed “Putin’s chef” for serving Kremlin functions, and several front companies the U.S. says helped Prigozhin evade sanctions imposed earlier. The U.S. also sanctioned eight individuals and entities tied to Russia’s occupation in Crimea. Biden informed Putin that the sanctions were coming earlier

Donald Trump says William Barr resigning, will leave before Christmas

Attorney General William Barr, one of President Donald Trump’s staunchest allies, is departing amid lingering tension over the president’s baseless claims of election fraud and the investigation into President-elect Joe Biden’s son. Barr went Monday to the White House, where Trump said the attorney general submitted his letter of resignation. “As per letter, Bill will be leaving just before Christmas to spend the holidays with his family,” Trump tweeted. Trump has publicly expressed his anger about Barr’s statement to The Associated Press earlier this month that the Justice Department had found no widespread fraud that would change the outcome of the election. Trump has also been angry that the Justice Department did not publicly announce it was investigating Hunter Biden ahead of the election, despite department policy against such a pronouncement. Barr told the AP that U.S. attorneys and FBI agents have been working to follow up specific complaints and information they’ve received, but “to date, we have not seen fraud on a scale that could have effected a different outcome in the election.” Barr’s resignation leaves Trump without a critical ally as he winds down his final weeks in office, and it throws into question open Justice Department investigations, especially the probe into Hunter Biden’s taxes. In his resignation letter, Barr said he updated Trump Monday on the department’s “review of voter fraud allegations in the 2020 election and how these allegations will continue to be pursued.” He added that his last day on the job would be Dec. 23. Trump said Deputy Attorney General Jeff Rosen, whom he labeled “an outstanding person,” will become acting attorney general. As the current second in command at the Justice Department, Rosen’s appointment is not likely to change much in the final weeks before the administration departs. Trump spent much of the day watching the Electoral College tally and calling allies but broke away to meet with Barr. His tweet about the Attorney General’s exit was a sober message from a president who is notoriously cold to his departing staff and quick to name-call and deride them once they say they are leaving. Trump has also previously claimed he fired staffers who resigned to make himself appear more powerful, and others, like former attorney general Jeff Sessions, were mocked by the president for weeks before they left office. But despite Trump’s obvious disdain for those who publicly disagree with him, Barr had generally remained in the president’s good graces and has been one of the president’s most ardent allies. Before the election, he had repeatedly raised the notion that mail-in voting could be especially vulnerable to fraud during the coronavirus pandemic as Americans feared going to polls. But Trump has a low tolerance for criticism, especially public criticism, from his allies and often fires back in kind. The two had been at odds in the past few months and Barr was said to have been frustrated by Trump’s tweeting. Trump said on Fox News over the weekend that he was disappointed that the Hunter Biden investigation had not been disclosed. Hunter Biden himself announced it last week. “Bill Barr should have stepped up,” Trump said. One senior administration official not authorized to speak publicly and speaking to The AP on condition of anonymity said Barr had resigned of his own accord and described the meeting as amicable. Barr, who was serving in his second stint as attorney general, sought to paint himself as an independent leader who would not bow to political pressure. But Democrats have repeatedly accused Barr of acting more like the president’s personal attorney than the attorney general, and Barr had proved to be a largely reliable Trump ally and defender of presidential power. Sen. Lindsey Graham, the Republican leader of the judiciary committee, told reporters at the Capitol he was surprised by the news. “I think he did an incredibly good job trying to repair damage done to the Department of Justice, trying to be fair and faithful to the law. I think he’s got a lot to be proud of,” Graham said. “He fought for the president where he could, as every attorney general and administration should, but he also didn’t cross lines that he shouldn’t have crossed.” He said he was referring to disclosing the Biden investigation. Before releasing special counsel Robert Mueller’s full report on the Russia investigation last year, Barr framed the results in a manner favorable to Trump even though Mueller pointedly said he couldn’t exonerate the president of obstruction of justice. He also appointed as special counsel the U.S. attorney who is conducting a criminal investigation into the origins of the FBI’s probe of the 2016 election that morphed into Mueller’s investigation of possible Trump-Russia cooperation, following Trump’s repeated calls to “investigate the investigators.” Barr also ordered Justice Department prosecutors to review the handling of the federal investigation into Trump’s former national security adviser Michael Flynn and then sought to dismiss the criminal charges against Flynn, who had twice pleaded guilty to lying to the FBI. Trump later pardoned Flynn. Barr’s break from Trump over election fraud wasn’t the first. Earlier this year, Barr told ABC News that the president’s tweets about Justice Department cases “make it impossible for me to do my job,” and tensions flared just a few months ago when the two were increasingly at odds over the pace of the Durham investigation. Trump had been increasingly critical about a lack of arrests and Barr was privately telling people he was frustrated by Trump’s public pronouncements about the case. Trump was also said to blame Barr for comments from FBI Director Chris Wray on election fraud and mail-in voting that didn’t jibe with the president’s alarmist rhetoric. Republished with the permission of the Associated Press.

Joe Biden’s attorney general search is focused on Doug Jones, Merrick Garland

Alabama Sen. Doug Jones and federal appeals court judge Merrick Garland are emerging as the leading contenders to be nominated as President-elect Joe Biden’s attorney general, three people familiar with the matter told The Associated Press. A decision hasn’t been finalized and the dynamics could shift in the coming days as Biden builds out his Cabinet with an eye to ensuring diverse leadership in the top ranks of his administration. But Jones, who lost reelection last month, and Garland, whose Supreme Court nomination was snubbed by Republicans, appear increasingly well-positioned ahead of other rivals. Democrats are particularly concerned about the prospect of Biden nominating former Deputy Attorney General Sally Yates, fearing she could face a difficult confirmation in the Senate because of her role in issues related to the Russia investigation. Biden’s thinking was described by people with knowledge of the presidential transition’s internal thinking who were not authorized to speak publicly. Andrew Bates, a representative for the transition, did not comment for this story. The president-elect is facing pressure to ensure that Black and Latino leaders are prominently positioned in his administration. He selected retired Army Gen. Lloyd Austin this week to become the first Black secretary of defense. Jones, who is white, has had a long-standing personal relationship with Biden dating back to Biden’s first presidential campaign in 1988. The former U.S. attorney prosecuted members of the Ku Klux Klan who were responsible for a 1963 church bombing in Birmingham, Alabama, and later served as the U.S. attorney there from 1997 until 2001. Biden met with civil rights activists on Tuesday to discuss diversity in his Cabinet. The Rev. Al Sharpton, who attended the meeting, encouraged Biden to select a Black attorney general but gave him room to select someone of another race as long as they had a background in civil rights. “I said the least we could have is someone that has a proven civil rights background that’s someone that’s going to handle this heightened racist bigoted atmosphere,” Sharpton told reporters. It’s unclear whether Garland would fit that standard as easily. He is an experienced judge with a reputation for moderation who held senior positions at the Justice Department decades ago, including as a supervisor of the prosecution of the 1995 Oklahoma City bombing. Garland was put forward by President Barack Obama for a seat on the Supreme Court in 2016 following the death of Justice Antonin Scalia, but Republicans refused to hold hearings in the final year of Obama’s term. The vacancy was later filled by Justice Neil Gorsuch during the Trump administration. The incoming attorney general would inherit a Justice Department that has endured a tumultuous four years and would likely need to focus on not only civil rights issues and an overhaul of national policing policies after months of mass protests over the deaths of Black Americans at the hand of law enforcement, but also on concerns from Democrats about politicization of the department in the Trump administration. Biden has said he will not be involved in Justice Department investigative decisions even as some Democrats have openly wished for probes into President Donald Trump and his associates after he leaves office. Supporters of Yates view her nearly 30-year Justice Department career in both Democratic and Republican administrations, and experience ranging from civil rights cases to national security matters, as making her uniquely qualified to lead the department as it looks to move on from the Trump era. Still, Republican senators would be likely to focus a Yates confirmation hearing on her final year at the department, when the FBI closed out the Hillary Clinton email investigation and opened an investigation into whether the Trump campaign was coordinating with Russia, which later morphed into special counsel Robert Mueller’s investigation. Yates has repeatedly discussed both, including before the Senate committee that has oversight of the confirmation process. She has made clear that she disagreed with the way the FBI conducted some of the most heavily scrutinized actions of both investigations, including the decision to hold a press conference about the Clinton probe and then to alert Congress days before the election that it had been reopened. Even so, Republicans would nonetheless press Yates on problems with the Russia probe that were revealed by a Justice Department inspector general investigation, including errors and omissions in applications to surveil a former Trump campaign aide, and about how she would handle a special counsel inquiry focused on the FBI’s actions in that case. Yates has said that she would not have signed off on the surveillance had she known of the problems in the applications. But the appointment of John Durham as a special counsel to review the Russia probe suggests the inquiry is likely to endure into the Biden administration, creating a backward-looking focus for a new attorney general just as Yates would try to turn the page from the issue. Jones would not comment Tuesday on the possibility of a nomination as attorney general. “They have a process and we’ll let that process play,” he told reporters on Capitol Hill. The Biden team has also been considering a number of other potential candidates for the post, including former Justice Department official Lisa Monaco. Republished with the permission of the Associated Press.

William Barr appoints special counsel in Russia probe investigation

Attorney General William Barr has given extra protection to the prosecutor he appointed to investigate the origins of the Trump-Russia probe, granting him authority to complete the work without being easily fired. Barr told The Associated Press on Tuesday that he had appointed U.S. Attorney John Durham as a special counsel in October under the same federal regulations that governed special counsel Robert Mueller in the original Russia probe. He said Durham’s investigation has been narrowing to focus more on the conduct of FBI agents who worked on the Russia investigation, known by the code name of Crossfire Hurricane. Under the regulations, a special counsel can be fired only by the attorney general and for specific reasons such as misconduct, dereliction of duty, or conflict of interest. An attorney general must document such reasons in writing. The FBI in July 2016, began investigating whether the Trump campaign was coordinating with Russia to sway the outcome of the presidential election. That probe was inherited nearly a year later by special counsel Mueller, who ultimately did not find enough evidence to charge Donald Trump or any of his associates with conspiring with Russia. The early months of the investigation, when agents obtained secret surveillance warrants targeting a former Trump campaign aide, have long been scrutinized by the president and other critics of the probe who say the FBI made significant errors. An inspector general report last year backed up that criticism but did not find evidence that mistakes in the surveillance applications and other problems with the probe were driven by partisan bias. Barr decided “the best thing to do would be to appoint them under the same regulation that covered Bob Mueller, to provide Durham and his team some assurance that they’d be able to complete their work regardless of the outcome of the election,” he said Tuesday. President-elect Joe Biden’s transition team didn’t immediately comment on the appointment. The current investigation, a criminal probe, had begun very broadly but has since “narrowed considerably” and now “really is focused on the activities of the Crossfire Hurricane investigation within the FBI,” Barr said. He said he expects Durham would detail whether any additional prosecutions will be brought and make public a report of the investigation’s findings. Durham’s investigation has resulted in one prosecution so far: a guilty plea by a former FBI lawyer who admitted altering an email. In an Oct. 19 order, obtained by The Associated Press, Barr says Durham is authorized “to investigate whether any federal official, employee or any person or entity violated the law in connection with the intelligence, counter-intelligence or law enforcement activities” directed at the 2016 presidential campaigns, anyone associated with the campaigns or the Trump administration. House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., said the appointment erodes trust in the Justice Department, and he questioned how it was allowed under the special counsel rules. “And we should not lose sight of the larger picture: in the waning days of the Trump administration, the attorney general has once again used the powers of his office to settle old scores for the president,” Nadler said. The special counsel rules say the appointed person should be outside of government, but Barr pointed to specific provisions in his memo that would allow him to go around that rule. A senior Justice Department official told the AP that although the order details that it is “including but not limited to Crossfire Hurricane and the investigation of Special Counsel Robert S. Mueller III,” the Durham probe has not expanded. The official said that line specifically relates to FBI personnel who worked on the Russia investigation before the May 2017 appointment of Mueller, a critical area of scrutiny for the Justice Department inspector general, which identified a series of errors and omissions in surveillance applications targeting former Trump campaign aide Carter Page. The focus on the FBI, rather than the CIA and the intelligence community, suggests that Durham may have moved past some of the more incendiary claims that Trump supporters had hoped would yield allegations of misconduct or even crimes — namely, the question of how intelligence agencies reached their conclusion that Russia had interfered in the 2016 election. Republicans lauded the appointment. Senate Judiciary Chairman Lindsey Graham said it was “obvious the system failed,” and he concurred with the appointment of a special counsel to continue the investigation. Republished with the permission of the Associated Press.

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