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Legal Expert Says Barr’s Naming of Durham as Special Prosecutor Was ‘Devilishly Clever’

A number of conservatives weren’t quite sure how to take Attorney General William Barr’s naming of U.S. Attorney John Durham as a special prosecutor, perhaps on his way out the door if Democrats’ theft of the 2020 presidential election results in a Joe Biden administration.

They were left wondering because if Biden is inaugurated, then he would be included to fire Durham immediately upon entering office.

Remember, Durham is investigating the origins of the “Russian collusion” hoax – a fake narrative that nevertheless involved a very real counterintelligence operation that was, of course, designed as a coup attempt against Trump.

Biden may not recall a lot about those final heady months of the Obama administration, but he was – according to declassified documents – right there with his buddy Barack in setting up the operation.

That would mean, then, that Biden could be susceptible to allegations, if not charges, depending on what Durham has found or may still find.

But as it turns out, according to one legal expert, simply dismissing Durham out of hand isn’t going to be easy.

The Blaze has more:

Benjamin Wittes, an anti-Trump attorney and personal friend to former FBI Director James Comey, explained Friday that Attorney General William Barr’s decision to elevate U.S. Attorney John Durham to “special counsel” was “devilishly clever.” …

According to Wittes, the move to make Durham a “special counsel” will make it virtually impossible for Barr’s successor and the Biden administration to stop Durham’s investigation.

“The move has the effect of saddling Biden with a special counsel investigation. Because while as a U.S. attorney, Durham can—and likely will—be dismissed in the normal course of the change of administration, as a special counsel he is protected from removal by regulations that require he can be fired only for ‘good cause’ or for some gross impropriety. He is also guaranteed a certain amount of day-to-day independence,” Wittes wrote in an essay at Lawfare.

“This careful tracking of the Mueller appointment seems designed to make it awkward for a Democratic attorney general to come in and remove Durham or curtail his investigation. After all, Democrats, and many Republicans too, drew a firm line in insisting that Mueller not be fired and be allowed to complete his work,” he added.

“They also took a hard line in insisting that the special counsel regulations on the independence of the special counsel be respected. By setting this up as a direct legal parallel to the Mueller investigation, Barr puts those suspicious of the Durham investigation and wanting to curtail it in the position of having to argue, all of a sudden, that it’s actually okay to fire a special prosecutor or to figure out ways around the special counsel rules.

“Barr has played a dirty trick on his successor—one that will put the next attorney general in a genuine bind. There likely won’t be a good way to handle that bind,” Wittes added.

Well, good – if this holds. It’s about time our side won one.

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