Where are the ‘openings’ for Durham (and Barr) make claims that getting the Mueller Investigation initiated and was there a ‘legal’ predicate?
It is being rumored that a slimmed down version of Durham’s investigation of the investigator (Mueller), highlights will be released before the election, and understanding where this argument may be directed.
The Predication of the FBI’s Counterintelligence Investigation
Both Barr and Durham have contested one of the main conclusions from the Justice Department inspector general’s December 2019 report: that Trump campaign adviser George Papadopoulos’s comment to a foreign official that the Russians had dirt on Hillary Clinton was an adequate predicate to open a counterintelligence investigation into Russian election interference and links to the Trump campaign. In one interview, Barr called the incident “a very slender reed to get law enforcement intelligence agencies involved in investigating the campaign of one’s political opponent” and confirmed that Durham was looking at the matter.
The Senate Intelligence Committee’s report does not explicitly address the FBI’s decision to open an investigation. But it does, in considerable detail, analyze Papadopoulos’s communications with foreign nationals throughout 2016. Based on those contacts, the committee concluded:
Papadopoulos’s efforts introduced him to several individuals that raise counterintelligence concerns, due to their associations with individuals from hostile foreign governments as well as actions these individuals undertook. The Committee assesses that Papadopoulos was not a witting cooptee of the Russian intelligence services, but nonetheless presented a prime intelligence target and potential vector for malign Russian influence. (Emphasis added.)
The report also found that “Papadopoulos likely learned about the Russian active measures campaign as early as April 2016 from Joseph Mifsud, a Maltese academic with longstanding Russia ties, well before any public awareness of the Russian effort.” The committee described Papadopoulos’s contacts with Mifsud and another individual named Sergei Millian, both of whom “have significant ties to Russian government and business circles,” as “highly suspicious.” Still, the full picture is not public as a subheading of the report titled “Counterintelligence Concerns about Papadopoulos’s Interactions” remains almost entirely redacted.
Additionally, the committee determined that while it did not have affirmative evidence that Papadopoulos communicated his knowledge that the Russians had compromising information on Clinton to Trump campaign officials, “the Committee finds it implausible that Papadopoulos did not do so.”
https://www.washingtonpost.com/politics/2020/09/14/two-new-stories-ramp-up-focus-barrs-willingness-boost-trump-before-election/
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The New York Times reports that Barr wanted Durham to move quickly, and it’s possible Barr himself could release what the investigation has found so far if Durham isn’t finished before the election. That’s especially notable given that Barr framed the findings in the Mueller probe in a way that benefited Trump before releasing the whole thing.