The Durham Report on Matters Related to Intelligence Activities & Investigations Arising out of The 2016 Presidential Campaigns

Washington, DC…(The Executive Summery is Below. Click on Image for Full Report) The public record contains a substantial body of information relating to former President Trump’s and the Trump Organization’s relationships with Russian businesses, Russian business people, and Russian officials, as well as separate evidence of Russia’s attempts to interfere in the 2016 presidential election. These and related subjects are well-documented in the careful examinations undertaken by (i) the Department’s Office of the Inspector General of issues related to the FBI’s Crossfire Hurricane investigation and its use of Foreign Intelligence Surveillance Act (“FISA”) authorities, 17 (ii) former FBI Director Robert Mueller as detailed in his report entitled “Report on the Investigation into Russian Interference in the 2016 Presidential Election,” issued in March 2019, 18 and (iii) the Senate Select Committee on Intelligence entitled, “Russian Active Measures Campaigns and Interference in the 2016 US. Election. “19 The scope of these earlier inquiries, the amount of important information gathered, and the contributions they have made to our understanding of Russian election interference efforts are a tribute to the diligent work and dedication of those charged with the responsibility ofconducting them. Our review and investigation, in turn has focused on separate but related questions, including the following:

• Was there adequate predication for the FBI to open the Crossfire Hurricane investigation from its inception on July 31, 2016 as a full counterintelligence and Foreign Agents 16 U.S. Department ofJustice, FYs 2022-2026 Strategic Plan at 15. See Attorney General Message -DOJ Strategic Plan (July 1, 2022), https://www.justice.gov/opa/pr/attorney-generalmerrick-b-garland-announces-department-justice-2022-26-strategic-pIan. See also U.S. Department ofJustice, OIG, Department ofJustice Top Management and Performance Challenges 2021 (“One important strategy that can build public trust in the Department is to ensure adherence to policies and procedures designed to protect DOJ from accusations of political influence or partial application of the law”), https://oig.justice.gov/reports/topmanagement-and-performance-challenges-facing-department-justice-2021; Attorney General Memorandum, Additional Requirements for the Opening ofCertain Sensitive Investigations at 1 (Feb. 5, 2020) (“While the Department must respond swiftly and decisively when faced with credible threats to our democratic processes, we also must be sensitive to safeguarding the Department’s reputation for fairness, neutrality, and nonpartisanship”) (hereinafter “Sensitive Investigations Memorandum”).
17 See supra footnote 11.
18 See supra footnote 2.
19 See supra footnote 1O; see also Intelligence Community Assessment, Assessing Russian Activities and Intentions in Recent US. Elections (Jan. 6, 2017). Registration Act (“FARA”) investigation given the requirements of The Attorney General’s Guidelines for FBI Domestic Operations and FBI policies relating to the use of the least intrusive investigative tools necessary?20

• Was the opening of Crossfire Hurricane as a full investigation on July 31, 2016 consistent with how the FBI handled other intelligence it had received prior to July 31, 2016 concerning attempts by foreign interests to influence the Clinton and other campaigns?

• Similarly, did the FBI properly consider other highly significant intelligence it received at virtually the same time as that used to predicate Crossfire Hurricane, but which related not to the Trump campaign, but rather to a purported Clinton campaign plan “to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services,” which might have shed light on some of the Russia information the FBI was receiving from third parties, including the Steele Dossier, the Alfa Bank allegations and confidential human source (“CHS”) reporting? If not, were any provable federal crimes committed in failing to do so?

• Was there evidence that the actions of any FBI personnel or third parties relating to the Crossfire Hurricane investigation violated any federal criminal statutes, including the prohibition against making false statements to federal officials? If so, was that evidence sufficient to prove guilt beyond a reasonable doubt?

• Was there evidence that the actions of the FBI or Department personnei in providing false or incomplete information to the Foreign Intelligence Surveillance Court (“FISC”) violated any federal criminal statutes? If so, was there evidence sufficient to prove guilt beyond a reasonable doubt?

Our findings and conclusions regarding these and related questions are sobering.