Page:Durham Report.pdf/1
United States Department of Justice
Office of Special Counsel
John H Durham
Department of Justice, 2CON
145 N Street, NE
Washington, D.C. 20002
May 12, 2023
| TO: | ATTORNEY GENERAL MERRICK B. GARLAND |
| FROM: | JOHN H. DURHAM SPECIAL COUNSEL |
| SUBJECT: | REPORT ON MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARISING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS |
The attached report is submitted to the Attorney General pursuant to 28 C.F.R. § 600.8(c), which states that, “[a]t the conclusion of the Special Counsel’s work, he … shall provide the Attorney General a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.” In addition to the confidential report required by section 600.8(c), the Attorney General has directed that the Special Counsel, “to the maximum extent possible and consistent with the law and the policies and practices of the Department of Justice, shall submit to the Attorney General a final report … in a form that will permit public dissemination.”[1] This two-part report (Unclassified Report and Classified Appendix) is presented in fulfillment of these requirements and sets forth our principal findings and recommendations concerning the matters that were the subject of our review. The principal report is confidential, but contains no classified information based on thorough, coordinated reviews of the information contained therein by the appropriate authorities within the Federal Bureau of Investigation, the Central Intelligence Agency, and the National Security Agency. The Classified Appendix likewise has been coordinated with those same agencies for classification purposes.
We note that the Classified Appendix contains some information that is derived from Foreign Intelligence Surveillance Act (“FISA”) authorities. Accordingly, to the extent the Department determines that it is appropriate to share information contained in the Classified Appendix with congressional or other government entities outside of the Department, steps will need to be taken in accordance with that Act and any relevant Orders that have been issued by the Foreign Intelligence Surveillance Court.
- ↑ Office of the Att’y Gen., Order No. 4878-2020, Appointment of Special Counsel to Investigate Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns ¶ (f) (Oct. 19, 2020).