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How John Durham Buried Evidence He Had Been Doing the Work of Russian Spies … and then Tulsi Gabbard Buried More

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As I’ve been showing, the Durham classified annex goes to significant lengths to hide that a Russian email discussing creating a conspiracy theory about the American Deep State, which he dates to July 26, precedes the draft SVR memo he claims has animated his years-long hunt, which dates to July 27 or later.

You can date the draft SVR memo (Durham doesn’t provide its date at all in the unclassified report, and if he does here, the date has been redacted) by tracking the inputs (red arrows) into the fake emails on which the draft memo is purportedly based (blue arrows), as I lay out here.

You can review a live copy of this (without the arrows) at this link.

The fake email integrated into the memo itself — bearing the date of July 25 but mentioning the Olympics — derives from the Thomas Rid story and the real Tim Maurer email — but it appears to have been altered to add the reference to the Olympics on July 27 (because a copy without the Olympics mention is attached to an email dated July 27).

And the fake email, bearing the date of July 27, claiming that Hillary approved a plan on July 26 appears to derive from the real July 27 Julianne Smith email soliciting a totally innocuous letter condemning Trump’s attack on NATO. We might learn more about its creation, except the email to which it is attached is entirely redacted in the annex.

That is, so long as his claim that the Deep State memo is dated “the day after” two emails purporting to be dated June 25 is accurate, then the emails and draft report that guided his entire investigation were the conspiracy theory proposed on July 26. Durham did the work of Russian spies for four years.

If this is, indeed, the timeline, then Durham — as well as John Ratcliffe and Kash Patel — should have recognized they were pursuing an investigation of Hillary Clinton based off a deliberate Russian spy hoax.

There’s one more thing that supports this argument — and reveals how problematic it is for Durham (who continued his investigation for two more years after he would have concluded the emails were “composites”) and the others: the extent to which he, as well as the person who redacted this for release, tried to obscure all this in the classified annex.

This kind of deceit was not remotely unusual for Durham (as I’ll return to when I review what Durham did do after concluding he was using a clear Russian hoax as his excuse to investigate Hillary Clinton). Andrew DeFilippis, especially, did this kind of stuff all the time. Here, where he used email timestamps in two different time zones to falsely suggest that Fusion was the source for a public link about the Alfa Bank anomalies, is just one such example.

The list below is overwhelming. The most important detail, however, is how Durham treats the real email from Julianne Smith asking people to sign onto some totally innocuous letter criticizing Trump’s attacks on NATO. Durham obtained one copy of the email from the SVR trove and another from a subpoena, presumably to Smith or CNAS, where she worked.

The annex separates the disclosure that Julianne Smith had also been hacked (noted in footnote 27) from the discussion of the email she sent on July 27, obscuring that Durham obtained two copies of that email, one from the SVR collection (cited in the annex as Document Classified Appendix Document 9, which also includes the Maurer email), and one via subpoena (cited in the unclassified report as XXXX-0014561). He does that even though discussion of the “certain emails, attachments, and documents that contain language and references with the exact same or similar verbiage to the materials referenced above” precedes that discussion. In the unclassified report, he treats this email differently, effectively treating it as corroboration for the claims in the fake report, rather than a source used to fabricate it (though he later uses it as corroboration after concluding that the underlying emails are composites based on … that email).

In either case, however, if he is treating Smith’s July 27 email as a source (and that’s one place it appears in his report), then the draft memo must post-date the July 26 Deep State email.

On July 26, Russian spies decided it’d be cool to start a conspiracy theory about the Deep State. And on July 27, having stolen that Smith email, they decided to claim that Hillary — as opposed to some other Deep State entity — decided to smear Donald Trump.

And everyone involved in this is working really hard to hide that they knew that.

Update: On the topic of Smith’s email, I’ve been puzzling over the redaction in this passage; I wondered if Durham expressed some obnoxious opinion about her.

It was suggested to me, however, that that redaction might hide Durham speculating about what Russian spooks thought — maybe something like, “it is a logical deduction that [Russian spies believed that]”… The mention of the spies would therefore justify classification on classification bases. But holy hell if it were something like that, it would mean Durham was trying to rationalize why Russian spooks fabricated emails to make up this claim.

Durham’s deceits

By July 2021, John Durham had evidence to conclude the emails behind a draft SVR memo on which his entire investigation rested were “composites,” that is, fabrications. But he continued on for two more years, attempting and failing to create evidence to substantiate that Russian disinformation by prosecuting Michael Sussmann and Igor Danchenko. To hide that he had done that, he engaged in a great deal of deceit in both his unclassified and classified reports.

  • Durham frames his focus around three bullets John Ratcliffe included in his 2020 memo sending these materials to Lindsey Graham. The first bullet claims to focus on “Russian intelligence analysis,” suggesting that his focus was on a draft SVR report that leads the narrative in the classified appendix, but is actually the last document temporally. But the second bullet refers to John Brennan notes that quote not the purported end analysis, but an email advancing the plot to frame Hillary.
  • The two exhibits — Brennan’s notes and a referral from the CIA that he couldn’t prove ever got sent to FBI — include redactions that obscure the actual content of both. Importantly, witnesses were not shown the full exhibits, though Brennan correctly stated that Durham misrepresented what his notes were about.
  • Durham misrepresented how many witnesses (and who) testified that they had not seen the referral memo.
  • Thereafter in the unclassified report, Durham referred to “Clinton Plan intelligence” as if it focused on that discreet claim or even the draft memo, when it referred to the larger body of intelligence obtained via the Dutch, and so in context the plan to frame Hillary. In the classified report, Durham referred to Clinton campaign plan, rather than the intelligence asserting it.
  • Durham mentioned two Leonard Benardo emails early in the annex (there were actually four documents claiming to be emails in the report), then discussed the earlier, apparently finished, intelligence from earlier 2016 implicating Loretta Lynch, suggesting they were the emails. He returns to this strategy later in the appendix.
  • Then, the beginning of the section focused on the SVR documents starts with the draft memo, not the specific emails. He keeps moving the ball.
  • The date of the draft memo appears nowhere in the unclassified report and may not appear in the classified report either (if it is there, it is redacted).
  • The annex separates the disclosure that Julianne Smith had also been hacked (noted in footnote 27) from the discussion of the email she sent on July 27, obscuring that Durham obtained two copies of that email, one from the SVR collection (cited in the annex as Document Classified Appendix Document 9, which also includes the Maurer email), and one via subpoena (cited in the unclassified report as XXXX-0014561). He does that even though discussion of the email appears after the introduction, “certain emails, attachments, and documents that contain language and references with the exact same or similar verbiage to the materials referenced above.” In the unclassified report, he treats this email differently, effectively treating it as corroboration for the claims in the fake email, rather than a source used to fabricate it (though he also uses it as corroboration after concluding that the underlying emails are composites based on … that email). In either case, however, if he is treating Smith’s July 27 email as a source, then the draft memo must post-date the July 26 Deep State email talking about ginning up a conspiracy theory.
  • After introducing the Benardo emails, the annex discloses there were several versions of the July 25 one, which helps to obscure that one copy of the earliest version was attached to a July 27 email, which in turn suggests the reference to the Olympics was added on July 27. As noted, the redactions exacerbate this sleight of hand.
  • The annex hides that the Deep State email predates the draft memo by discussing the two versions of the July 25 Benardo email in-between.
  • The annex doesn’t appear to explain that one of two copies of the first fake July 25 email (without the Olympics) is considered part of the same document as the July 27 “vilify” email.
  • The description that the real Tim Maurer email is the same date as the fake July 25 emails gives the impression that they were made the same day, when at least the revisions of the fake email probably happened on July 27.
  • Durham provides a description of this (then-dated) article about a voting hacker for hire, but does not provide a description of the Thomas Rid article discussed in the email, which is not only a clear source for the draft memo, but should make analysts look twice at the Russian idiom in English in the fake Benardo email, because Rid discusses the language games behind the Guccifer 2.0 persona at some length.
  • When Durham concedes the emails to which the draft memo is sourced are composites, he does not name CNAS, where Smith worked, even though earlier in the section he says she was hacked too.

Lying with redactions

  • The introduction to the draft memo redacts details about what is in it, most notably the emails the entire annex purports to focus on.
  • That continues in the redactions after the draft memo. This obscures which email was incorporated into the draft memo: the one referring to the Olympics. The redaction introducing the first fake July 25 email further obscures this, making it harder to figure out that Classified Appendix Document 6 is a July 27 email with one of the first versions of the July 25 email (that is, before the Olympics were added) attached.
  • The redaction of the email after the July 27 “vilify” one obscures that the July 27 Benardo email discussing Hillary’s approval is attached to that redacted email and not the “vilify” one, further obscuring that the emails dated July 25 were likely revised on July 27, to add the Olympics reference.
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Russia’s Useful Idiom, John Ratcliffe: Lost in Two Translations

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John Ratcliffe keeps going on propaganda channels to parrot Russian idioms (and make false claims) shamelessly. Whichever Russian spy wrote that disinformation package years ago must have gotten a new dacha to reward him for how he has turned America’s CIA Director into an unabashed useful idiom for Russia.

Ratcliffe might want to rein in his boisterousness, however. Because Chuck Grassley and Tulsi Gabbard — or whoever actually did the declassification of the Durham appendix — left just enough breadcrumbs to suggest there’s a material difference between the FBI and some other government agency’s translation of the Deep State email reflecting an SVR plan to frame Hillary Clinton. Ratcliffe may not realize just how clear it is that John Durham framed Hillary Clinton, with Ratcliffe’s help.

I started down this rabbit hole when I puzzled through this footnote, revealing that there are multiple translations of “some” of the items in question.

So I made a table of all the documents identified as exhibits to the appendix, showing which footnote referred to which document and the language of the document.

The first thing this exercise disclosed were two missing documents — or rather, documents the discussions of which are entirely redacted.

The first appears in a discussion of a 2017 CIA review that concluded these SVR reports — it’s not clear whether the report reviewed just the Loretta Lynch ones, or all of them; I have a hunch this report also discusses Oleg Deripaska — were not fabrications. Note missing footnote 76 here.

The second is more interesting–but it’s part of a far more important discovery. At least according to the footnotes, the redactions in these two passages (which bracket the draft report that Durham falsely claims was the basis of his investigation) serve to obscure which fake Leonard Benardo email was incorporated into which SVR document.

The reference to “The above-referenced [SVR] memorandum included the English text of a document” pertains to the Benardo email that appears second in the appendix — the one with the (stupid, obviously Russian) references to the Olympics.

There are at least two versions of the Benardo email (identified as Appendix Documents 5 and 6 in footnote 36) that lack the Olympics reference.

And one of those, Appendix Document 6, is what was attached to the July 27 email described in the unredacted passage here.

The fake Benardo email dated July 27 — which these redactions tried hard to suggest was attached to the email mentioning “vilif[ying] Moscow” — was actually attached to another communication completely obscured by this redaction, the second missing document. Footnote 40 and footnote 41 both cite Classified Appendix Document 8.

This clarifies the process by which the draft report that Durham falsely claimed was the basis of his investigation was made.

The first email in the chain is the July 26 Deep State one — the one saying it’d be cool to frame Hillary.

The second is that July 27 email — basically a discussion about how they were going to frame Hillary, attaching one of the fake Benardo emails without mention of the Olympics. Again, that’s what got mentioned in John Brennan’s notes, not the report. At that point, one of the spies must have thought it would be cute to make a reference to what appears to be the Olympics doping scandal, which was ongoing at the time, something that mattered to the Russians but probably not Benardo or Julianne Smith, and so they altered the fake Benardo email for inclusion in the eventual report, to add the Olympics.

And then a third email between Russian spies — the one that is completely redacted — attached the fake Benardo email, dated July 27, claiming Hillary had approved this plan. The email reflecting approval came after the spies decided to frame Hillary (not like it matters since the emails were all fake anyway).

Now, as I keep saying, the report that Durham falsely claimed was the basis of his investigation had to come after that missing email, because that’s what they fabricated to claim that Hillary had actually approved the plan. The report was the last document, not the first, as Durham misleadingly suggested by putting it at the beginning of his discussion. The unredacted report would make clear that both the approval and the Olympics reference were deliberately added to take Benardo emails, and then incorporated in the draft report itself.

Which brings me back to where I started. Aside from two documents of little interest here (a document on Benardo that could be a SVR profile of him or could just be his bio, Classified Appendix Document 1) and the entirely redacted reference associated with the 2017 CIA review (Classified Appendix Document 10), there are six documents in Russian:

  • The January 2016 report mentioning Loretta Lynch and Jim Comey
  • The March 2016 report mentioning Loretta Lynch
  • The July 26 Deep State email discussing framing Hillary
  • The July 27 email, to which one of the fake July 25 Benardo emails that did not mention the Olympics was attached
  • The missing document, to which the fake July 27 Benardo email was attached
  • The draft report, to which the fake July 25 Benardo email that mentioned the Olympics was incorporated

The January and March reports are actually the same document, Classified Appendix Document 2. Durham describes both were “in Russian,” with the discussion of translation redacted; this discussion tracks the DOJ IG Report closely, and so may have used those same versions.

As you can see above, the discussion about who translated the July 27 email and the missing one is entirely redacted. The same is true of the draft report itself.

Not the July 26 Deep State email, though.

The intro to that states clearly that Durham used an FBI translation: “The FBI’s translation of this email is as follows.”

In other words, the July 26 Deep State email showing that Russian spies decided to frame Hillary before they fabricated emails supporting their effort exists in at least two versions.

And John Ratcliffe, rattling off Russian idioms on every Fox show, may not know that.

Update: I’m reviewing the Michael Sussmann case, and Andrew DeFilippis played a similar temporal gimmick twice during that trial.

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Days After the FBI Announced an Investigation, Russian Spies Deliberately “Put More Oil into the Fire”

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I really don’t think enough people are getting the pee-your-pants humor — at least if you’re Russian and want to destroy the United States — at the core of the classified annex from the Durham Report.

Durham describes that, in a May 21, 2021 interview with Leonard Benardo, Durham showed the Open Society Foundation Executive an email purportedly stolen from him in 2016 and asked him if he wrote it. Benardo told Durham, “he would not have used certain terms, such as ‘oil into the fire.'”

Durham, you see, was pretty aroused by the term, “put more oil into the fire,” because he was chasing a conspiracy theory that Hillary framed Donald Trump by paying for a dossier that — unbeknownst to her — was likely riddled with Russian disinformation, thanks to Oleg Deripaska, and also — unbeknownst to her — got shared with the FBI, and because – unbeknownst to her — Michael Sussmann brought allegations about a DNS anomaly to the FBI (one that the guy I went to the FBI about had a role in inflaming just weeks later). So that phrase, “put more oil into the fire,” looked like paydirt. It seemed to confirm the exact same conspiracy theory Durham was chasing: that Hillary intended to frame Trump at the FBI (even though the FBI had already announced their investigation).

Durham doesn’t quote what Benardo said directly. It may well have been more colorful than that he wouldn’t have used that term. Benardo has lived in Moscow and other parts of the former Soviet Union, and so he surely recognizes the phrase not only is not one most Americans would use — they would say, “pour fuel on the fire” or “add fuel to the fire.” They definitely wouldn’t use “oil.”

But he would recognize it as a Russian idiom.

And to be clear, while Chuck Grassley and Tulsi Gabbard are redacting most details about the provenance of these documents, the introduction says, “the above-referenced [SVR] memorandum included the English text of a document … the document contained a purported email from Benardo” on which, a redacted passage from Durham suggests, the SVR report “was partially based.”

That appears to confirm that this text appeared in the intelligence report that Durham chased like a toddler for four years in English. That is, it’s not a problem of translation — English to Russian back into English. A document that Durham spent years trying to verify as authentic uses a Russian idiom to describe the chaos that might ensue as a result of the FBI investigation that was publicly confirmed the very date of the email, July 25, 2016.

And this is one reason why the timing of these documents matters, which Grassley and Gabbard aggressively obscure. This is as close as we can establish:

  • July 25: Thomas Rid story
  • July 25, 11 to 11:35AM: Smith texts other people trying to figure out if there was any investigation of the hack, and then discovering the FBI has just announced such an investigation (as I noted here, Durham doesn’t disclose anywhere in his report that during the Michael Sussmann prosecution, Sussmann forced him to obtain these emails that show FBI releasing a statement without consulting with the Dems, the victims of the hack, which goes a long way to debunking his conspiracy theory).
  • July 25, undisclosed time: Maurer responds to the Rid story
  • July 25, undisclosed time, but the date could be made up: Two drafts of purported Benardo emails
  • July 26: Email between two Russian spooks suggesting “doing something about a task from someone”
  • July 27: Email between two Russian spooks about illuminating Hillary’s attempts to vilify Trump and Putin that links to a purported July 27 Benardo email which among other things reports that Hillary has “approved Julia’s idea”
  • July 26 to July 28: A draft Russian spy memorandum claiming that on July 26, Hillary Clinton approved a plan to smear Donald Trump, citing July 25 emails purportedly from Benardo
  • July 27: Email from Smith soliciting signers for a letter condemning Trump’s attack on NATO

Importantly, Durham describes that this email between two Russian spooks was “dated the following day” from the email with the Russian idiom in the English text, so July 26.

This email between two Russian spooks says, let’s do something “about a task from someone, I don’t know, some dark forces, like the FBI, or better yet, Clinton sympathizers in IC, Pentagon, Deep State (or somewhere else?), about American websites deploying a campaign to demonize the actions of Russia’s GRU.” This email between two Russian spooks effectively says, “Let’s do something about a campaign to demonize Trump.”

That’s why the date of the report — the one Durham never disclosed in his entire unclassified report and which he either didn’t disclose here or Grassley and Gabbard are covering up — matters.

Because even if you believed the emails from Benardo were real, the one with the Russian idiom dated July 25 and one dated July 27 — the very same day Trump would ask Russia to hack Hillary some more and Russian hackers would almost immediately comply, the same day Trump lied about chasing business interests in Russia, a lie Putin’s top people had proof was a lie, the same day Trump said he might recognize Crimea (in the days immediately following, Roger Stone attempted to script pro-Russian tweets from Trump) — even if you believed those emails were true, you’d have to notice that a key part of the SVR report, the detail that Hillary had, past tense, approved “a campaign to demonize the actions of Russia’s GRU” only appears in the July 27 email, not the July 25 one.

And that email, also in “English,” was attached to a follow-up email discussing the plan to “‘illuminate’ how Clinton was attempting to ‘villif[y] Moscow.'”

That all seems to suggest that the intelligence report itself — the one claiming to confirm that Hillary had approved a campaign to demonize Russia? — appeared the day after two Russian spooks said, “wouldn’t it be cool, now that we know the FBI is looking, to claim that Hillary was seeking to frame Trump?” Let’s pour fuel on the fire, as it were.

Durham ultimately concluded that these emails were “composites” of other emails — though he only identifies one, an email about an article from one of America’s foremost intelligence disinformation scholars, Thomas Rid, who is nowhere near as high up on Putin’s list of adversaries as Benardo surely is, but certainly someone it’d be hilarious to mock.

Durham doesn’t bother to discuss what Rid said, but much of what Rid did say conflicts with what the purported intelligence report does. Perhaps more importantly, Rid discussed how one of the early Guccifer documents included the signature of Felix Dzerzhinsky: “one dumped document was modified using Russian language settings, by a user named ‘Феликс Эдмундович,’ a code name referring to the founder of the Soviet Secret Police.” Likewise, it might have been worth mentioning that in the article whence this “composite” email came, Rid commented on the shitty English of Guccifer 2.0. “Guccifer 2.0’s English initially was also weak, but in subsequent posts the quality improved sharply.”

Had Durham actually looked these things: the apparent timing — including the coincidence with Donald Trump’s overtly pro-Russian statements, to say nothing of his lies about Russian business ties — had Durham actually considered all of this, that “English” phrase, “put more oil into the fire,” in shitty English, he might have gotten the joke.

Because honestly, it is fucking hilarious. Well-played, Russian spy dudes. Well-fucking-played.

But instead of seeing how he had been made a laughingstock — and really, the entire US intelligence community, especially the FBI that these conspiracy theories have serially destroyed — Durham instead doubled down, indicting two more men he hoped would fulfill his conspiracy theories, first destroying US DNS capabilities targeting Russia and then chasing Sergei Millian’s uncorroborated tweets, for years.

Nine years into this influence operation, that phrase, “put more oil into the fire,” a phrase that someone at the FBI should have recognized as a Russian idiom at least five years ago, is still ripping the country to pieces.

And somewhere, some Russian spies are peeing their pants in laughter.

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