Special Counsel John Durham breached neither ethics nor etiquette when he highlighted the difficulty of obtaining a conviction in a politically charged case when the jury holds opposing partisan views. He merely stated the reality on the ground in D.C.-area federal courts. And by his own actions prosecuting the J6 defendants solely in the nation’s capital, Attorney General Merrick Garland has confirmed that assessment by proving the corollary: Criminal cases against individuals viewed by the local populace as political pariahs make for easy convictions.
“Did the Durham Report’s Criticism of Juries Go Too Far?” The Washington Post’s headline from last week asked rhetorically. It was quite an ironic concern coming from the legacy outlet serially guilty of publishing fake news to propagate the Russia-collusion hoax. A better question for the “democracy dies in darkness” rag would be: Did Clinton and Democrats’ Dirty Politics Go Too Far?
But no, instead of focusing on the substantive content contained in the 300-plus pages of Durham’s report detailing malfeasance by the Department of Justice and FBI and the Clinton campaign’s responsibility for the scandal, The Washington Post focused on Durham’s introductory remarks explaining the “special care” the special counsel’s office used in making criminal charging decisions — decisions Durham stressed were “based solely on the facts and evidence developed in the investigation and without fear of, or favor to, any person.”
[I agree with Cleveland on the nonsensical performative fainting by media outlets over Durham’s observations. I’m not offended by Durham’s complaint about politicized jury pools either, and I wonder why media outlets that spent the last three years shrieking about that very issue as one pressing reason for “criminal justice reform,” suddenly need smelling salts and a fainting couch when Durham brings it up, with somewhat more reason to do so. –Ed]
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