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Durham Should Have Enough to Pursue Conspiracy Charges, but Might Not: Former FBI Agent

By Petr Svab

Special counsel John Durham may have sufficient grounds to seek charges against multiple parties for conspiracy to lie to the government, although he may refrain from doing so, according to a former FBI special agent and federal prosecutor.

Durham is already saying there was a “joint venture” between various parties, including agents of the 2016 presidential campaign of former Secretary of State Hillary Clinton, the lawyers retained by the campaign, and their associates and subcontractors. The goal of the venture was to collect dirt in 2016 on then-presidential candidate Donald Trump in order to help Clinton. That isn’t illegal.

Durham also has outlined evidence that suggests he may in the future charge that a part of the venture was to peddle the dirt to the U.S. government with the understanding that lies—at least lies by omission—would be told during this process. That could be a criminal conspiracy. Yet whether such charges are forthcoming doesn’t depend only on whether a law was technically broken, according to Marc Ruskin, a former FBI special agent and assistant district attorney…

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