WASHINGTON (NewsNation) — Trump-era special counsel John Durham said he is “encouraged” by some of the reforms that have been implemented in the Department of Justice and FBI, but the issues outlined in his report cannot be fixed overnight.
“They cannot be addressed solely by enhancing training, or additional policy requirements,” Durham said. “Rather what is required is accountability, both in terms of the standards to which our law enforcement personnel hold themselves and in the consequences they face for violation of laws and policies of relevance.”
If these problems are not addressed, Durham warned during a public House Judiciary Committee Hearing Wednesday, they could “result in significant national security risks and further erode the public’s faith and confidence in the justice system.”
Durham was tasked by former Attorney General William Barr with probing the origin of the FBI’s investigation into ties between Russia and former president Donald Trump’s 2016 campaign.
He ended up authoring a 300-page report, in which he accused the FBI of rushing to investigate Trump based on “raw, unanalyzed and uncorroborated intelligence.”
House Judiciary Committee Chairman Jim Jordan, R-Ohio, who led the hearing, has repeatedly accused the Department of Justice of being politicized, describing the FBI in an interview on Monday as being out to get Trump.
He opened the hearing by comparing the Russia investigation and Trump’s recent indictment over mishandling classified documents at his Mar-a-Lago estate in Florida, suggesting they were both fueled by a desire to get the former president.
“Nothing has changed and they’re never going to stop,” Jordan said. “Seven years of attacking Trump.”
The committee’s ranking Democrat, Rep. Jerry Nadler of New York, also mentioned Trump in his opening remarks — but criticized his actions, saying, “It is dangerous and profoundly irresponsible to have taken these documents.”
On Tuesday night, Durham met with lawmakers from both sides of the aisle behind closed doors. Lawmakers said Durham discussed lessons learned from his reporting and issues he believes need to be addressed with the FBI.
“He gave us the impression that some of the misconduct is individualized, like bad people doing bad things. Some of it is systemic. Some of it is where we need changes so that there’s high reviews, there’s higher requirements for this to ever happen again,” Rep. Mike Turner (R-Ohio) said.
Shortly after the release of Durham’s report, the FBI responded, saying the report focused on prior leadership and that the agency has made a number of changes in recent years, including improving the accuracy of surveillance applications for investigations.
The agency said if those changes had been in place in 2016, the identified issues could have been prevented.
The leading Republican and Democrat on the Judiciary Committee previously said things remained very civil between both sides during the closed-door meeting, which allowed Durham to feel comfortable and more forthcoming.
However, there was a more charged environment at Wednesday’s hearing.
“Regardless of what the Biden administration and the (current U.S. Attorney General Merrick) Garland Justice Department do, I know what the Republicans in the House are committed to doing,” Jordan said. “We are working to dramatically change the FISA law, and we will do everything we can in the appropriations process to stop the American government from coming after the American people.”
Nadler, on the other hand, said the Durham report is a “deeply flawed vessel.”
“After four years, thousands of employee hours, and more than $6 and a half million dollars in taxpayer dollars, Special Counsel Durham failed to uncover any wrongdoing that Justice Department Inspector General Michael Horowitz had not already found in 2019,” Nadler said. “The report fails to recommend a single remedial measure that the Justice Department or the FBI might take to address certain process-related concerns, largely because DOJ and FBI have already implemented the changes recommended by the Inspector General three and a half years ago.”
Nadler added that he understands Republicans might be disappointed by the report, but “that is no excuse for making things up.”
Durham took issue with accusations that he executed his investigation for political reasons, saying he found “troubling violations” of conduct and policy directed at a presidential campaign, and that he would be concerned about them whether it was Democratic or Republican.
“My colleagues and I carried out our work in good faith, with integrity and in the spirit of following the facts wherever they lead,” Durham said. “At no time and in no sense did we act with a purpose to further partisan or political ends. To the extent that somebody suggests otherwise, that’s simply untrue and offensive.”
Several Democrats brought up the fact that the Durham report only yielded one conviction and two criminal trials — which both ended in acquittals.
During one testy exchange between Durham and Democratic Rep. Steve Cohen, of Tennessee, the lawmaker pointed this out and reiterated criticisms that the report was meant to help Trump.
“You got no convictions, you got nothing,” Cohen said to Durham. The longer Durham holds on to the report, “your reputation will be damaged.”
“(Trump) is damaged goods,” Cohen said. ”There’s no good dealing with him, because you will end up on the bottom of a pyre.”
In a response that garnered him applause from those in the room, Durham said: “My concern about my reputation is with the people who I respect and my family and my Lord, and I’m perfectly comfortable with my reputation with them.”