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Beware the Eephus: Washington on Edge As Durham Prepares Possible Indictments and Report
https://jonathanturley.org ^ | August 16, 2021 | JONATHAN TURLEY

Posted on 08/17/2021 10:49:14 AM PDT by Red Badger

Below is my column in The Hill on recent reports of grand jury testimony in the Durham investigation. The implications of the grand jury — and the eventual report — have rattled folks in the Beltway this week . . . for good reason.

Here is the column:

This week Texas Rangers infielder Brock Holt became a baseball legend when he went to the mound and threw an “eephus,” a high-arching, off-speed pitch, in a game against the Athletics. It is believed to be the slowest pitch recorded in MLB history, and A’s batter Josh Harrison stood in disbelief as the 31 mph pitch was called a strike. Harrison just laughed in amazement.

Pirates outfielder Maurice Van Robays coined the term in the 1946 All-Star Game, explaining, “Eephus ain’t nothing, and that’s a nothing pitch.” But as Holt demonstrated, sometimes a “nothing” slow pitch can amount to a great deal.

That is equally true about the occasional criminal eephus that takes everyone by surprise. For example, U.S. Attorney John Durham’s investigation has been slow in coming, but on Friday, a report surfaced that he is pitching evidence to a grand jury in an investigation started back in May 2019. The Durham investigation is now longer in duration than former special counsel Robert Mueller’s investigation, and many people long forgot that Durham — made a special counsel at the end of the Trump administration — was even still in the game.

The report in The Wall Street Journal said Durham is presenting evidence against FBI agents and possibly others in the use of false information or tips at the start of the Russia investigation in 2016. Those “others” could include a virtual who’s who of Washington politics, and even if they are not indicted, Durham could implicate some of the most powerful figures in politics in his final report, expected in the coming months.

Even for those of us who followed and wrote on the Russia investigation for five years, much has been revealed in the last year. It was disclosed in October, for instance, that President Obama was briefed by his CIA director, John Brennan, on July 28, 2016, on intelligence suggesting that Hillary Clinton planned to tie then-candidate Donald Trump to Russia as “a means of distracting the public from her use of a private email server.” The date was significant because the Russia investigation was initiated July 31, 2016, just three days later.

Throughout the campaign, the Clinton campaign denied any involvement in the creation of the so-called Steele dossier’s allegations of Trump-Russia connections. However, weeks after the election, journalists discovered that the Clinton campaign hid payments for the dossier made to a research firm, Fusion GPS, as “legal fees” among the $5.6 million paid to the campaign’s law firm. New York Times reporter Ken Vogel said at the time that Clinton lawyer Marc Elias, with the law firm of Perkins Coie, denied involvement in the anti-Trump dossier. When Vogel tried to report the story, he said, Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman declared, “Folks involved in funding this lied about it, and with sanctimony, for a year.”

It was not just reporters who asked the Clinton campaign about its role in the Steele dossier. John Podesta, Clinton’s campaign chairman, was questioned by Congress and denied categorically any contractual agreement with Fusion GPS. Sitting beside him was Elias, who reportedly said nothing to correct the misleading information given to Congress.

It was later revealed that American intelligence viewed Steele as unreliable and believed his dossier was used by Russian intelligence to plant disinformation. Later reports show that Steele shopped the information to any reporters who would listen before the election and that there was an effort to get the information to trusted figures in the Justice Department.

This cross-pollination between the campaign and the Justice Department was evident in the strange role of Bruce Ohr, a senior Justice official who was later demoted for concealing his meetings with people pushing the Steele dossier; his wife, Nellie Ohr, worked for Fusion GPS as a researcher on Trump’s purported connections to Russia. Justice Department Inspector General Michael Horowitz subsequently found that Bruce Ohr acted improperly and committed “consequential errors in judgment.”

Others are reported in some media accounts to be in Durham’s crosshairs, including an analyst at the liberal Brookings Institution, Igor Danchenko, who was a source for part of the dossier and the subject of a Durham subpoena. Danchenko has been linked to a source viewed by American intelligence as a conduit for Russian disinformation and reportedly was investigated as a possible national security threat, according to at least one news report.

Durham also is reportedly looking into information concerning Alfa Bank, a privately owned commercial bank in Russia. That information led to possible access to the Trump campaign server. The Alfa Bank controversy is likely to make a number of powerful people particularly uneasy. Clinton campaign-linked figures such as Fusion GPS co-founder Glenn Simpson allegedly pushed the debunked claim that the Trump campaign had a server linked directly to the bank, which in turn was linked to Vladimir Putin and his cronies. The Alfa Bank conspiracy reportedly was pitched to the Justice Department, including in contacts with Bruce Ohr.

For many individuals, the statute of limitations may have passed on any alleged crimes. But the truth brought to light in any final report could result a public indictment of sorts.

Attorney General Merrick Garland may face some pressure to refuse to reauthorize a continuation of the Durham investigation, but he is likely to continue that support. After all, the Mueller investigation and various damaging investigations targeting Trump officials were approved and protected by his predecessor, William Barr.

The final fight may be over the report itself. Many in Congress and the media may not want it to see the light of day since it is likely to be an indictment not just of the FBI but of the establishment and an enabling media. Yet these same figures demanded “full transparency” over the Mueller report, including secret grand jury material barred from release under federal law. Even in a city that lives on political spin, reversing that narrative to demand secrecy or major redactions may be difficult to achieve in front of an increasingly distrustful public.

Thus, John Durham may be the slowest pitcher of all major league federal prosecutors — but a wide array of powerful people are afraid they may be called out at the plate by what he is about to let fly.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can find his updates on Twitter @JonathanTurley.


TOPICS: Government; History; Politics; Society
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1 posted on 08/17/2021 10:49:14 AM PDT by Red Badger
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To: Red Badger

If a tree falls in the forest and no one hears it, does it make any noise?


2 posted on 08/17/2021 10:51:40 AM PDT by woweeitsme
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To: Red Badger

“...expected in the coming months.”

this is where I stopped reading /\


3 posted on 08/17/2021 10:51:53 AM PDT by BuckeyeGOP ( )
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To: Red Badger

Slow pitch softball?


4 posted on 08/17/2021 10:52:46 AM PDT by JimRed (TERM LIMITS, NOW! Militia to the border! TRUTH is the new HATE SPEECH.)
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To: Red Badger

As soon as John Durham is evacuated out of Kabul...


5 posted on 08/17/2021 10:54:12 AM PDT by larrytown ( There must be a reckoning - resignations, firings and courts martial, to start with.)
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To: Red Badger

The report is done, but the paper got a little twisted — he just needs two weeks to flatten the curve.


6 posted on 08/17/2021 10:54:28 AM PDT by ClearCase_guy (We have two Democrat parties. 50% of the US population has no political representation.)
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To: Red Badger
For many individuals, the statute of limitations may have passed on any alleged crimes.

And now you know why Durham has thrown a slow pitch. "Yeah, they committed crimes, but too late to do anything about now."

7 posted on 08/17/2021 10:56:26 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: Red Badger

Durham doesn’t really exist...
He’s kinda like the two-party political system.


8 posted on 08/17/2021 10:59:43 AM PDT by lgjhn23 (Pray for America....)
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To: ClearCase_guy

Biden’s dog ate the report. Only problem is he passed away 2 months ago.


9 posted on 08/17/2021 11:00:08 AM PDT by Blue Highway
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To: Red Badger

Odds of “nuthin to see here, move along”: 99%
Odds of any of the DC creeps being held accountable: 1%


10 posted on 08/17/2021 11:02:19 AM PDT by corkoman
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To: Sirius Lee

Oooooo! I missed that. Good catch.


11 posted on 08/17/2021 11:03:29 AM PDT by Whyfor
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To: Red Badger

Ok.. the monthly Durham tease is in.


12 posted on 08/17/2021 11:03:33 AM PDT by ScottinVA (Enough. Divide the country.. now. )
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To: Red Badger

For many individuals, the statute of limitations may have passed on any alleged crimes. But the truth brought to light in any final report could result a public indictment of sorts.


13 posted on 08/17/2021 11:04:03 AM PDT by janetjanet998
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To: BuckeyeGOP

I saw a report stating the reason it took so long it that there were several international players involved to take out Trump - particularly from the UK, Italy, and Denmark. Clinton and other US cronies are actually small players. The report said the Deep State is massive globally, and Trump’s nationalistic tendencies were not tolerable.


14 posted on 08/17/2021 11:06:22 AM PDT by Rennes Templar (Come back, President Trump.)
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To: woweeitsme

If a tree falls in the forest and no one hears it, does it make any noise?

If a tree falls in the forest and YOU don’t hear it,
you could be dead.

They’re not called widow makers for nothing.


15 posted on 08/17/2021 11:11:19 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Red Badger

Heads up! “Sternly worded letter” warning and “ mistakes were made” alert!


16 posted on 08/17/2021 11:12:18 AM PDT by Rocco DiPippo (I)
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To: Red Badger

By the time we see anything the statute of limitations will have run out.


17 posted on 08/17/2021 11:12:41 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Red Badger

Free beer tomorrow.

L


18 posted on 08/17/2021 11:13:01 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: Red Badger

HA HA HA HA HA HA HA HA HA !!!


19 posted on 08/17/2021 11:17:04 AM PDT by Baldwin77 (The 2020 election was stolen from MY President Trump)
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To: Red Badger

HA HA HA HA HA HA HA HA HA !!!


20 posted on 08/17/2021 11:17:28 AM PDT by Baldwin77 (The 2020 election was stolen from MY President Trump)
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