Tipsheet

ICYMI: President Trump Recently Greenlit Durham's Use of Classified Information

President Donald Trump recently authorized Special Counsel John Durham to use a plethora of classified information as he continues his criminal investigation into the origins of the FBI's Russia probe. 

"The Attorney General is currently conducting a review of intelligence activities relating to the campaigns in the 2016 Presidential election and certain related matters.  On May 13, 2019, the Attorney General directed John Durham to conduct that review, which subsequently developed into a criminal investigation.  On October 19, 2020, the Attorney General appointed Mr. Durham to conduct that investigation pursuant to the powers and independence afforded by the Special Counsel regulations of the Department of Justice," President Trump wrote in a memo late last week. 

"In a memorandum of May 23, 2019, I directed the heads of elements of the intelligence community, as defined in 50 U.S.C. 3003(4), and the heads of each department or agency that includes an element of the intelligence community, to assist the Attorney General in connection with that review, and authorized the Attorney General to declassify, downgrade, or direct the declassification or downgrading of information or intelligence that relates to his review. In addition, the Attorney General is authorized to use classified information as he deems necessary in connection with his review, including in a grand jury or other proceeding," he continued.   

The memo was sent to the Secretaries of State, Treasury, Defense, Energy, Homeland Security in addition to the Directors of National Intelligence, the Central Intelligence Agency and the Attorney General. 

The Durham probe was elevated to a Special Counsel investigation on December 1, making it more difficult for former Vice President Joe Biden to end it.