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Bull, Durham

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John Durham’s fishing expedition in a pond in which there are no fish and apparently no water either isn’t going to let a little thing like that stop him any time soon:

 John H. Durham, the Trump-era special counsel scrutinizing the investigation into Russia’s 2016 election interference, distanced himself on Thursday from false reports by right-wing news outlets that a motion he recently filed said Hillary Clinton’s campaign had paid to spy on Trump White House servers.

Citing a barrage of such reports on Fox News and elsewhere based on the prosecutor’s Feb. 11 filing, defense lawyers for a Democratic-linked cybersecurity lawyer, Michael Sussmann, have accused the special counsel of including unnecessary and misleading information in filings “plainly intended to politicize this case, inflame media coverage and taint the jury pool.”. . .

In the fall, The New York Times had reported on Mr. Sussmann’s C.I.A. meeting and the concerns he had relayed about the data suggesting the presence of Russian-made YotaPhones — smartphones that are rarely seen in the United States — in proximity to Mr. Trump and in the White House.

But over the weekend, the conservative news media treated those sentences in Mr. Durham’s filing as a new revelation while significantly embellishing what it had said. Mr. Durham, some outlets inaccurately reported, had said he had discovered that the Clinton campaign had paid Mr. Joffe’s company to spy on Mr. Trump. But the campaign had not paid his company, and the filing did not say so. Some outlets also quoted Mr. Durham’s filing as using the word “infiltrate,” a word it did not contain.

Most important, the coverage about purported spying on the Trump White House was premised on the idea that the White House network data involved came from when Mr. Trump was president. But Mr. Durham’s filing did not say when it was from.

Lawyers for a Georgia Institute of Technology data scientist who helped analyze the Yota data said on Monday that the data came from the Obama presidency. Mr. Sussmann’s lawyers said the same in a filing on Monday night complaining about Mr. Durham’s conduct.

Mr. Durham did not directly address that basic factual dispute. But his explanation for why he included the information about the matter in the earlier filing implicitly confirmed that Mr. Sussmann had conveyed concerns about White House data that came from before Mr. Trump was president.

This guy should be fired immediately, but that can’t happen because Republicans would get upset.

This is also the same reason that none of Donald Trump’s many crimes can actually be prosecuted by the DOJ, although I understand that Marcy Wheeler is still expecting a judgment, shortly, on the Day of Judgment.

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