The Durham probe that former Attorney General William Barr ordered in 2019 is an iconic symbol of a political war being waged in the United States. After 873 days (and counting) of investigating the investigators in the Mueller inquiry into Russian interference in the 2016 elections, John Durham’s search for dirt on those aiding Robert Mueller in his look into any link between Donald Trump’s election campaign and Russian hackers who sought to swing the 2016 results in the former president’s favor has finally led to the announcement of only its second indictment.
William Barr (left) and John Durham |
Durham’s probe
was billed by both Barr and Trump as a blockbuster investigation that would
uncover a plot by top Democrats to undermine the election results that brought
Trump to power. Indeed, Trump at one point said that the investigation would
reveal “the greatest political crime in American history.”
But after spending
200 more days investigating investigators than Mueller did probing the Russia
connection, Durham has been unable to indict any recognizable faces from the
Democratic camp or the FBI for impropriety in the handling of the Russian
interference inquiry. It was only this past week when his office was finally
able to secure a grand jury indictment against attorney Michael Sussman, a
specialist in cyber-security, who in 2016 raised his suspicions with the FBI
about what he claimed were secretly channeled data allegedly linking the Trump
business empire to the Alfa Bank of Russia. Ultimately, the FBI said that there
was “insufficient evidence” to bring charges based on the data provided by
Sussmann.
But that isn’t
the basis for Durham’s indictment of the attorney. Instead, Sussman is accused
of telling the FBI’s chief counsel, James Baker, that he was coming forth as a
“good citizen” when, according to the Durham probe’s allegations, Sussman was
actually working for a technology company executive and for Trump opponent
Hillary Clinton’s campaign when he took his story to the FBI. Durham claims,
therefore, that Sussman lied to the FBI, which is a felony. Last Friday,
Sussman pleaded not guilty to the charge.
The only
conviction Durham has been able to achieve to date was of a low-level FBI
attorney named Kevin Clinesmith. Clinesmith was indicted for and later
convicted of doctoring an internal FBI e-mail memo in order to secure a Foreign
Intelligence Surveillance Agency (FISA) Court warrant to investigate Carter
Page, a former Trump foreign policy adviser. In sentencing Clinesmith, Federal District
Court Judge James Boasberg—who also was the federal judge presiding over the FISA
Court, and whom you might recall as the Republican-appointed judge who in 2016
ordered the release by
the FBI to the conservative legal group Judicial Watch of more than 14,000
State Department emails found on Hillary Clinton’s private e-mail server—made it
clear that while Clinesmith had committed a serious offense, considering other
corroborative evidence presented, the FISA warrant application would likely
have been approved anyway, without the attorney’s having presented adulterated
evidence. He therefore declined to send Clinesmith to prison, handing him a
year on probation and community service instead.
Robert Mueller |
The thirteenth
Russian indicted by Mueller was businessman Yevgeny Prigozhin, who was charged
with financing the Russian hackers. All were charged in absentia and while it
is unlikely they will ever be fully prosecuted in the US, the charges have
hindered their travel abroad. A fourteenth Russian questioned by the Mueller
investigation was Maria Butina, who posed as a Russian-born gun activist with
ties to the NRA. Following her statements to the Mueller inquiry, she was
arrested and prosecuted for acting as an unregistered agent of the Russian
government under the provisions of the National Security Law, pleaded guilty, and
ended up serving six months of an 18-month prison sentence.
All of this came
in addition to indictments, during the second Trump impeachment inquiry, of Lev
Parnas and Igor Furman, both born in the former Soviet Union, and both
associates of Trump’s personal attorney and former New York Mayor Rudy
Giuliani. The two were arrested by the FBI in connection with campaign funding
violations—more specifically, setting up a shell company to launder a US$
325,000 donation to the Trump campaign. Through a series of complicated
investigations led by Republican campaign watchdog Trevor Potter and by energy
sector businessman Dale Perry, it was discovered that both Parnas and Furman
were intimately involved in Giuliani’s mission to dig up dirt on then candidate
Joe Biden and his son in Ukraine, as well as in Giuliani’s successful attempt
to have career diplomat Marie Yovanovitch removed as the US ambassador to that
country.
Trump referred to
Yovanovitch as being “bad news”. But in fact, Ambassador Yovanovitch had a long
history of tackling corruption wherever she found it, and that was one of her
priorities in Ukraine.
It is interesting to note that when charges were brought against Parnas and Furman, it was another former Trump lawyer, John Dowd, who became their defense counsel.
Pence, Furman, Parnas,Trump and Giuliani |
In other words,
while the majority of Republicans seek to bill the Mueller investigation into
Russian interference as a political hit job cooked up by Democrats—Robert
Mueller is, it should be noted, a lifelong Republican—the probe did indeed
produce proof of Russian interference in US domestic affairs and established an
at least prima facie association between Russia and Trump loyalists. The
Durham Investigation, for its part, has so far not clearly demonstrated its
reason for existing, since the two minor indictments produced to date could
easily have been achieved without the creation of a special prosecutor’s
investigation.
What is most
interesting, and sad, about both investigations is that while the judicial
bases behind them might be sound—i.e., to root out corruption in the highest
spheres of government—the political climate behind them isn’t. As I said
earlier, at their root, they are both political skirmishes in a so far cold (or
perhaps tepid would be a better word) civil war that is ripping the fabric of
America’s two-and-a-half-century-old democratic traditions down the middle.
This is not hyperbole on my part, but the conclusion of a growing number of noted political scientists. When I posited back in 2017 that the US had never been more divided since the actual Civil War, many acquaintances—both Republican and Democrat—on the social media showed skepticism, or openly scoffed at the idea. But since the January 6th insurrection, many, among both traditional Republicans and Democrats, have come into line with my thinking and are gravely concerned about the fate of US democracy and domestic security in the foreseeable future.
One of those who subscribes to this view of history in the making is Academy and Peabody Award-winning documentary film director Ken Burns. Renowned for his research into such related topics as the Civil War, the Great Depression, World War II, Nazism in Europe, and the populist reign of Louisiana boss politician Huey “The Kingfish” Long, Burns literally views the current post-Trump presidency era as “the most divisive since the Civil War.”
According to
Burns, US democracy is imminently endangered by an internal threat stemming
from the inability of today’s Americans to agree on even the most basic of
facts. There are already, he posits, casualties of war-like proportions as a
result of these divisions if we consider that 676,000 Americans have died in
the COVID epidemic (more than perished in the 1918 influenza plague, when there
was no medical treatment for the disease), mainly because politicians, led by
the former president, have so politicized the use of masks and highly effective
and readily available vaccines that nearly half of the country’s population
remains stubbornly opposed to public health policies enacted to save their
lives.
But COVID deaths, 2,000 of them a day at present, are only one grim symptom of how politicians are pitting one broad sector of Americans against another and, in the process, mortally wounding American democratic traditions—as well as killing their fellow Americans. In their 2018 book, How Democracies Die, Harvard political scientists Daniel Ziblatt and Steven Levitsky posit that the breakdown of “mutual toleration” and respect for the political legitimacy of the opposition is a sure formula for murdering democracy. Above all, they point out, it is absolutely necessary for everyone involved in the political process to accept the results of free and fair elections. The basic cornerstone of US democracy is free and fair elections. If you respect even the most basic of democratic tenets, you don’t mess with that. And yet, over the course of the last five years, and especially in the last two, the country’s voting system has taken more hits than a subway turnstile.
It is worthwhile
recalling that they were writing this veritable textbook on how democracies are
killed quite early on in the administration of Donald Trump. But their warning
that contrary to these basic rules of democratic life were spurious complaints
about election outcomes and, graver still, attempts to overthrow the
established democratic order and replace it with an authoritarian regime now
seems prescient. Their then largely academic proposal has since transformed
into a cogent prediction, provided a full two years prior to the January 6th
Capitol insurrection and the perpetuation by Trump’s political cohorts of “the
big lie” that has convinced a very large segment of the public that Democrats
and President Joe Biden “stole” the 2020 election from Trump. Nearly a full
year after that election, Trump keeps calling for the election results to be
overturned, thus continuing to feed his most loyal base with a divisive lie
that is perpetuating hatred between the two main American political camps.
And just how large is that democracy-dubious base? Polls suggest that more than 50 percent (some pollsters say more than 70 percent) of all Republicans—or about one in four American voters—believe that the 2020 presidential election was rigged and that Democrats in general and President Joe Biden in particular stole the presidency from their far-right populist icon, Donald Trump. As recently as this month, Trump has continued to call for the election to be overturned, thus revitalizing his own lie (or perhaps delusion) among his closest followers and leading them to believe that the system is corrupt, that democracy no longer works, and that perhaps the January 6th insurrection was the way to go in seeking to “win back their rights and nation.”
Despite this
narrative, seldom has representative democracy worked better than it did in the
2020 election. That’s not an opinion. It’s a proven fact. In spite of desperate
efforts by Trump and his allies to sully election system credibility, that
system and the results it yielded, numerous machine and hand recounts, some
sixty court judgments and a Supreme Court rejection have all clearly
demonstrated the accusations of Trump and his closest cohorts to be utterly and
completely false. Worse still, all of this proof has shown the Trump camp’s
machinations to be a ruse designed to fool the gullible within his base—who, it
turns out, are incredibly numerous.
Even the long, tortuous,
so-called “audit” carried out by the comic book-named Cyber-Ninjas in Arizona
couldn’t make Trumpian accusations of voter fraud stick. That ghost-like firm
that sprang up out of nowhere, financed with 5.7 million dollars in
Trump-supporter donations, allegedly channeled to them mostly through prominent
Trump camp figures like lawyer and confessed prevaricator Sidney Powell and
disgraced retired Army general Michael Flynn, has had to confess in its final
report, leaked to the press this week, that there was no evidence of fraud
against Trump in that state’s election process. On the contrary, their
meticulous and decidedly partisan look at Arizona’s crucial Maricopa County
ended up demonstrating that Joe Biden had actually beaten Donald Trump there by
an even wider margin than original tabulations revealed.
And yet, this
past week, after unsuccessfully harassing the main states where he lost, Trump
turned to places where he won, bullying Governor Greg Abbott of Texas into
auditing election results in several cities where the former president is
nursing the delusion that he should have done better. Clearly, to any reasonable
person’s mind, the election has been over for eleven months now, the result is
unquestionable and Joe Biden, everywhere but in Mar-a-Lago, is president of the
Unites States.
What is happening right now in the US is tragic, not only for the Nation but also for
Western democracy as a whole, particularly because it plays to the narrative of
two of America’s staunchest rivals, the authoritarian regimes today governing
China and Russia, both of which hold that democracy is a messy, recalcitrant
and ineffective form of government that is highly overrated. The Trump era has
provided them with ample reason to scoff and they are doing so with abandon. The
current situation in America is made to order for their anti-American
propaganda machine, because they no longer even have to lie. It really is as
bad as they say it is.
It is hard to
see how the two and a half-century-old experiment in American liberal democracy
can survive when the leadership of one of the two main parties governing it has
deformed its definition of “democracy” and molded its entire political platform
to suit the whims and power-mad delusions of a single personality, much in the
same way that the Nazi Party did in embracing the absolute power of Adolf
Hitler. Furthermore, over the course of the last twelve years, the Republican
political leadership has basically abandoned its duties—lawmaking and
representation of the rights of its constituency—in favor of obstructionist
practices designed specifically to keep much needed legislation from passing
and, worse still, of political strategies developed to discredit and paralyze
its political opponents.
Wyoming Rep.Liz Cheney |
An obvious symptom
of the GOP leadership’s giant leap into the abyss of authoritarianism is its
ostracizing of all fellow Republicans who fail to fall in, rank and file,
behind the autocratic figure of Donald Trump. Iconic examples of traditional
Republican figures (and true liberal-democratic conservatives) who have fallen
victim to this type of ostracism include, the late Senator John McCain, Wyoming Representative Liz Cheney, Utah Senator Mitt Romney, Illinois Representative
Adam Kinzinger, Ohio Representative Anthony Gonzalez, and even, to a certain
extent, former Vice President Mike Pence, to name just a few. Meanwhile,
dangerous fascistoid radicals like Georgia Representative Majorie Taylor Green and
Missouri Senator Josh Hawley, who would have once been political pariahs among
Republicans, are now party rock stars.
Georgia Rep. Marjorie Taylor Green |
And it matters not one iota to the current GOP chiefs that in order to win by hook or by crook they will be disenfranchising millions of American voters. On the contrary, their purpose is precisely that.
Missouri Sen.Josh Hawley |
But I believe
that the only way for democracy to survive in the current climate is for the
purge of authoritarianism to come from within the conservative movement itself.
And I’m not alone in this belief.
Back in May, some
150 former Republican officials sent an open-letter message to their party
warning that if the GOP didn’t break with Donald Trump, they would back the
creation of a third party. Miles Taylor, one of the organizers of this new
conservative movement within the GOP, said at the time, “The Republican Party
is broken. It's time for a resistance of the ‘rationals’ against the ‘radicals’.”
Taylor had
already begun to resist Trump’s authoritarian designs while he was serving in
the former president’s administration. A Trump appointee and former Bush
administration staffer, he served from 2017 to 2019 as chief of staff for the
Department of Homeland Security. He eventually outed himself as the Trump administration
official who had written a 2018 anonymous op-ed in The New York Times
entitled I Am Part of the Resistance Inside the Trump Administration. But
the last straw for most of the rest of the signers of the ultimatum, which they
entitled A Call for American Renewal, was the Trump-incited January 6th
insurrection at the Capitol.
The signers
include four former governors and 27 former members of the House of
Representatives, as well as Trump and Bush administration officials, diplomats
and former high-ranking party officials. Among the most familiar names are
former Republican National Committee Chairman Michael Steele, former National
Security Agency chief General Michael Hayden, former homeland security director
Michael Chertoff, Republican strategist William F.B. O’Reilly, former
Representative Barbara Comstock, former Pennsylvania Governor Tom Ridge, and former
Massachusetts Governor Bill Weld.
The most
high-profile opponent to the Trumpian takeover of the GOP, Congresswoman Liz Cheney,
has so far resisted joining the movement, since she fears splitting the party
would hand greater power to the Democrats. But with her effective removal by
Trump authoritarians from any position of power within the party, observers feel
she could eventually rethink that position and perhaps even end up being an
alternative conservative candidate for the presidency.
This incipient
rebellion within the GOP is, to my mind, the only real hope for the future of
democracy in the United States. As noted historian John Meacham pointed out in
the final days of the Trump administration, politics in America are no longer a
matter of two parties debating issues from distinct viewpoints, but of two
parties speaking two entirely different languages. And the language of the
current GOP leadership is that of personality-cult authoritarianism, a language
not so very different from that of Vladimir Putin’s United Russia Party.
True
conservatives deserve to be represented by better minds and by genuinely
patriotic hearts that put service above self-interest, Nation above party and
democracy above personality. If the GOP has leaped permanently into the void of
personality-cult autocracy and obstructionism aimed at destroying the
opposition no matter what the cost to the Nation and to democracy, then the
only hope for the future of democracy in the United States of America lies in
the hands of conservatives who either rebel and take their party back from
Trump and his cohorts, or in those with the courage to forge an entirely new conservative
movement based on the original ethics of the party of Lincoln.
The current cold
civil war between the two traditional parties is not a democratic option. The
only thing it promises to ensure is that whoever “wins” will end up
administrating the crumbling ruins of one of the greatest political systems
ever devised.