Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns

By Durham, John H.

From the document: "Following Special Counsel [Robert] Mueller's report, on May 13, 2019, Attorney General [William] Barr 'directed United States Attorney John Durham to conduct a preliminary review into certain matters related to the 2016 presidential election campaigns,' and that review 'subsequently developed into a criminal investigation. [...] On October 19, 2020, the Attorney General determined that, 'in light of the extraordinary circumstances relating to these matters, the public interest warrants Mr. Durham continuing this investigation pursuant to the powers and independence afforded by the Special Counsel regulations.' [...] [This] review and investigation, in turn has focused on separate but related questions, including the following: [1] 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 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? [2] 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? [3] 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? [...] [4] 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? [...] [5] Was there evidence that the actions of the FBI or Department personnel in providing false or incomplete information to the Foreign Intelligence Surveillance Court ('FISC') violated any federal criminal statutes? [...]"

U.S. Department of Justice. 2023. 316p