Special counsel John Durham testified Wednesday before Congress that the Biden Justice Department never blocked him from bringing high-profile prosecutions during his four-year investigation.
When asked if there was anyone he wanted to indict but was prohibited by Attorney General Merrick Garland, Mr. Durham responded, “No.”
“Attorney General Garland had never asked me not to indict someone,” Mr. Durham said in testimony before the House Judiciary Committee.
Mr. Durham said he believes he would have been allowed to bring charges against Hillary Clinton if he had the evidence to warrant an indictment, but he said the evidence didn’t support a prosecution.
“You had all the power in the world to indict anyone you had evidence to indict, and you were never blocked from doing it?” asked Rep. Eric Swalwell, California Democrat.
“That’s correct,” Mr. Durham responded.
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Mr. Durham has faced withering criticism from Republicans for not bringing criminal charges during his probe into wrongdoing by FBI officials pursuing allegations that former President Donald Trump colluded with Russia to win the 2016 election.
He did not bring charges against Obama-era FBI officials, including two who were referred to the Justice Department for prosecution.
A Rasmussen poll of likely voters released last month found that 59% of respondents said FBI officials who promoted claims linking Mr. Trump to Russia should be criminally prosecuted.
Some Republicans, including Trump allies, have complained that Mr. Durham’s investigation did not result in criminal charges against former FBI Director James B. Comey and former FBI Deputy Director Andrew McCabe.
“When government officials fail to abide by the boundaries set by the U.S. law and the Constitution, there must be accountability. Those who perpetrated this hoax to the American people must go to jail,” Rep. Daniel Webster, Florida Republican, said in a statement.
Mr. McCabe and Mr. Comey were referred for criminal prosecution by the Justice Department inspector general. Federal prosecutors within the Justice Department declined to press charges.
Mr. Comey was referred for criminal prosecution for allegedly leaking classified materials to a friend who passed on the documents to The New York Times. An inspector general’s investigation found that Mr. McCabe lied to investigators about approving a leak to a media outlet.
Mr. Durham brought three prosecutions but netted only one conviction: a low-level FBI lawyer who admitted doctoring evidence to obtain a surveillance warrant for Trump campaign volunteer Carter Page.
The other two cases involved alleged false statements to the FBI by a Clinton campaign attorney and a Russian analyst. Both were acquitted by juries in Washington and shed little new light on the bureau’s decision-making in 2016.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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