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Gregg Jarrett Op-ed: Durham reports shows Biden and Obama knew truth of Trump collusion hoax but kept silent

Gregg Jarrett

 Gregg Jarrett | Fox News | Published May 22, 2023 4:00am EDT


A silence kept in order to hide the truth is a lie.  

By that maxim, there are plenty of liars among prominent Democrats who knew that the damning Trump-Russia collusion narrative was all a hoax. But they chose to remain mum, preferring instead to watch contentedly as an American president was vilified nonstop by a media-driven orgy of lies. It consumed the nation for years and inflicted untold harm. None of them had the decency to volunteer the truth.

This is one of the key findings in the 306-page Durham report that the special counsel filled to the brim with documented acts of deviousness, dishonesty and malice by high officials in government whom we are supposed to trust but should not.
Obama and Biden selfie
Barack Obama and Joe Biden (Joe Biden/Instagram)

In July 2016, CIA Director John Brennan rushed to the White House to brief then-President Barack Obama and Joe Biden, our current president, about alarming new evidence uncovered by American intelligence. The agency had obtained reliable information that “Hillary Clinton had approved a campaign plan to stir up a scandal against Donald Trump by tying him to Putin and the Russians” (page 81 of the report).    


It was an outrageous and wholly invented accusation unsupported by anything except Hillary’s craven imagination. Her shrewd goal was to frame her opponent for unidentified crimes that he never committed and, thereby, damage or sink his candidacy.  

As Durham noted, the despicable smear had the dual benefit of distracting from her own nagging email scandal that was dragging down her poll numbers. Given its potency, the Clinton canard ranks as the dirtiest trick ever perpetrated in American politics.


Obama and Biden knew all about Hillary’s treachery and so did others in their orbit who were secretly briefed, including Attorney General Loretta Lynch, Director of National Intelligence James Clapper and FBI Director James Comey. This is corroborated by Brennan’s handwritten notes. For the next three years all of them remained silent about the CIA’s findings.  

Collectively, they concealed the truth of Trump’s innocence as he was hounded by the constant condemnation of conspiring with Moscow, even though he did no such thing. On almost a daily basis, the media pronounced him guilty in the court of public opinion. Brennan and Clapper took to the airwaves and dishonestly denounced Trump as a Russian asset, hiding what they knew.     

At the outset of the hoax, Hillary’s devoted coterie of disciples plotted to spread the lie. They secretly paid a sleazy ex-foreign spy, Christopher Steele, to obtain Russian disinformation about Trump and compose a phony “dossier.” They leaked it to journalists who promptly insisted that it was true without ever bothering to verify or corroborate its contents. News organizations even published the full collection of lies that was covertly bankrolled by Clinton’s campaign and the Democratic National Committee.
Andrew McCabe at hearing
The FBI’s Andrew McCabe testifies during a Senate Select Committee on Intelligence hearing on May 11, 2017, in Washington, D.C. (Jahi Chikwendiu/The Washington Post via Getty Images)


The shameless media was emboldened by the unscrupulous maneuvers of Comey and his confederates. Deputy Director Andrew McCabe and senior counterintelligence agent Peter Strzok launched a dogged investigation of Trump. It commenced literally days after the FBI director learned of Hillary’s fraudulent machinations.  

The bureau had no basis whatsoever to open the probe because agents lacked “any actual evidence of collusion” and traduced their own strict guidelines, according to Durham. Those in charge broke every rule in the book. In a brazen reversal of standards, they willingly exploited the Clinton lie as a pretext to persecute Trump with salacious and specious slurs. Their lawless actions were inflamed by their “prejudice against him” and their “pronounced hostile feelings,” the report explained.

The vainglorious James Comey, who refused to cooperate with the Durham investigation, now publicly claims to be suffering near total amnesia. It is a curious affliction since the special counsel’s report reveals that he demanded and received “daily briefings.” Whenever agents working the case had the temerity to complain that there was no real evidence implicating Trump in any wrongdoing, Comey stuck wads of cotton in his ears. He pushed a relentless witch hunt in a maniacal quest to destroy the man he loathed so obsessively. 

James Comey
James Comey speaks to members of the media after testifying before the House Judiciary and House Oversight and Government Reform Committees joint investigation in Washington, D.C., on Dec. 7, 2018. (Al Drago/Bloomberg via Getty Images)

The same FBI bias that worked against Trump worked in favor of Clinton. Comey commandeered authority he did not have to absolve her of the crimes she clearly committed in mishandling classified emails and destroying evidence under subpoena. He refused to pursue investigations of Hillary despite compelling evidence that she misused her charitable foundation for self-enrichment in ways eerily similar to the notorious Biden family influence peddling schemes. 

Tens of millions of Russian dollars landed in Clinton’s nonprofit, which she treated as her personal piggy bank. With Comey at the helm, four ongoing probes into likely “criminal activity” magically vanished. Trump didn’t collude with Russia, but it appears his opponent did – and got away with it. 

Durham minced no words in describing the FBI’s double standard and the “dual system of justice” it produced. Hillary received the courtesy of a defensive briefing about corrupt foreign actors but Trump did not. The FBI rejected a surveillance warrant on Clinton from the secret FISA court while seeking four successive spy warrants involving Trump’s campaign. To secure the intrusions, exculpatory evidence was withheld and supporting documents altered. 

Donald Trump Hillary Clinton
Hillary Clinton and former President Donald Trump (Mandel Ngan/AFP via Getty Images | Michael M. Santiago/Getty Images)

Comey deceived the judges by vouching for the credibility of the bogus dossier that his agency had already debunked. He represented that Steele was a reliable source when he knew that the shady spook was not. Indeed, Steele was fired by the FBI as a paid confidential informant because he repeatedly lied. This vital fact was deliberately concealed from the court.     

The irony embedded in the great collusion con is fully exposed in the Durham report. Instead of conspiring with Putin in the bowels of the Kremlin, Trump became the victim of Clinton-induced Russian disinformation that helped fuel the fabricated dossier. Hillary’s cronies supplied much of the deceit in Steele’s work of fiction, but so did Moscow. 

From the moment he took the oath of office, the Republican president was saddled with multiple investigations by the FBI, Congress and a special counsel. Demands for his indictment and impeachment reverberated through the halls of Capitol Hill, in newsrooms across America, on television airwaves, and on social media websites everywhere. All the while, those who knew the truth remained conspicuously quiet.


The special counsel’s well-documented report lifts the veil on the cesspool of corruption that has infected the FBI for far too long. Beyond Clinton, there are many villains in this sordid story but none so contemptible as Obama, Biden, Brennan, Clapper and Comey. They knew it was all a cunning lie but kept silent to hide the truth. They watched as a spasm of false allegations tore the nation apart.  

Such silence speaks volumes about their absence of character and integrity. They were more than willing to fan the flames of political divisiveness in America. That is not leadership. It is cowardice.


Gregg Jarrett is a Fox News legal analyst and commentator, and formerly worked as a defense attorney and adjunct law professor. His upcoming book, “The Trial of the Century,” about the famous “Scopes Monkey Trial” will be released on May 30, 2023.  It is available now for pre-order online at the Simon & Schuster website.  Gregg is the author of the No. 1 New York Times best-selling book “The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump.” His follow-up book was also a New York Times bestseller, “Witch Hunt: The Story of the Greatest Mass Delusion in American Political History.” Jarrett’s book, “The Constitution of the United States and Other Patriotic Documents,” will be published by Broadside Books, a division of HarperCollins on September 19, 2023.


Trump’s expected ‘arrest’: The politics and power plays behind these legally feeble charges

 By Gregg Jarrett | Fox News | Published March 20, 2023 4:00am EDT


With word from former President Donald Trump that he will “be arrested” on a criminal indictment engineered by Manhattan District Attorney Alvin Bragg over alleged hush money payments made during the 2016 campaign, it is essential to examine what motivated the charges.  

At its core, the case represents an egregious abuse of power and the corrupt weaponization of the law for political gain. Bereft of any credible evidence, Bragg is contorting the law in a brazen attempt to inflate his case. His actions constitute serious prosecutorial misconduct. It is the culmination of a years-long effort by the District Attorney’s Office to target Trump for something – anything.     

It doesn’t seem to matter to the progressive DA that his case against the former president is the definition of flimsy and stale as month-old bread. Bragg is determined to hack off the mold and sell it as something fresh and new.  

Former President Trump said he will "be arrested" on a criminal indictment engineered by Manhattan District Attorney Alvin Bragg,
Former President Trump said he will “be arrested” on a criminal indictment engineered by Manhattan District Attorney Alvin Bragg, (Associated Press)

Forget about the statute of limitations that expired years ago. Or that his predecessor declined prosecution because the law does not support a criminal charge. Or that the feds who investigated the case determined that the evidence just wasn’t there. Never mind that Bragg’s legal theory is novel, if not bizarre. Or that his star witness, Michael Cohen, is a confessed liar who went to prison and whose name is synonymous with sleaze and dishonesty.


In a sensible world, all of that should matter. But it doesn’t because Trump is the Democrats’ eternal boogeyman. Since he’s running again for president, he has to be stopped – by hook or by crook.  

So, Bragg exhumed a seven-year-old corpse of a case and appears to have snookered a grand jury into indicting the former president. The end justifies any malevolent means.

Manhattan District Attorney Alvin Bragg during a press conference in New York on Sept. 8, 2022.
Manhattan District Attorney Alvin Bragg during a press conference in New York on Sept. 8, 2022. (Victor J. Blue/Bloomberg via Getty Images)

In Bragg’s twisted book, Donald Trump should be treated like a hardcore criminal because money was given to porn star, Stormy Daniels, in exchange for keeping her mouth shut in the run-up to the 2016 election. Bear in mind, such agreements are legally permissible. Silence that is conditional upon payment is not against the law. Non-disclosure agreements with pecuniary benefits attached are a common method of maintaining confidentiality. Even if it involves consensual sex, which Trump vigorously denies. 

The DA’s only impediment was the law and how to circumvent its narrowly defined language to trump up a case against Trump. That’s when Bragg was forced to get creative. He dreamed up a legally cockamamie plan to supercharge a misdemeanor into a felony by bootstrapping a supposed secondary crime to it.  

Here’s how it works, at least in Bragg’s brain. It is a mere misdemeanor under New York law to falsify business records. But by claiming that the Stormy payment was somehow calculated to violate arcane campaign reporting laws, viola! A second crime that elevates it to a felony.  

Michael Cohen leaves his apartment to report to prison in Manhattan on May 6, 2019.
Michael Cohen leaves his apartment to report to prison in Manhattan on May 6, 2019. (Reuters/Jeenah Moon TPX Images of the Day/File Photo)

Bragg’s scrutiny of campaign laws must have been cursory. In his zeal to nail Trump, he apparently skipped over the part about “dual purpose” contributions. That is, if money paid serves a double or ancillary function then it is not a reportable expense or donation to the campaign. Hence, no crime was committed. This has been Trump’s argument all along. He did it primarily for personal and commercial reasons.  


There are a few other pesky problems with Bragg’s strategy. First, it would have to be shown that Trump himself was involved in falsifying records. Second, Bragg would have to prove that Trump not only understood the complex and convoluted campaign laws that few people comprehend, but that he intended to violate them. Third, which set of campaign laws applies? There’s the rub.   


It’s been reported that Bragg is considering citing New York’s campaign statutes as the “second crime.” But wait, the presidential contest was a federal election. Moreover, state campaign laws are preempted by federal campaign laws. So, that’s a stretch. What about using those same federal laws as the second crime? Can someone be charged under state law for violating a federal law? Not likely. Prosecutors would be exceeding their jurisdictional authority. The DA can only charge under state statutes. 


It is obvious that Bragg doesn’t give a hoot about the law. He’s banking on the likelihood that a liberal New York judge will let the case go to a Manhattan jury stacked with biased Trump-haters anxious to ignore all the legal constraints and convict the former president despite the paucity of incriminating evidence. However, I wouldn’t bet on any conviction being upheld on appeal.  

Also, don’t be fooled by the theatrics of an expected grand jury indictment. That was a cinch. There are rarely any enforceable rules of evidence because the proceedings are secret and lopsided. Double hearsay, unauthenticated documents, and all kinds of sketchy stuff that is otherwise inadmissible at trial can be introduced without objection.  

Adult film actress Stormy Daniels
Adult film actress Stormy Daniels (AP)

No one from the defense is present to contest the purported evidence or to challenge the witnesses. Jurors tend to accept as gospel the pablum prosecutors spoon-feed them. It’s the equivalent of a turkey shoot. And a charade. Hence the old saying, “You can get a grand jury to indict a ham sandwich.” 


The tortured history of trying to criminalize the Stormy episode undermines Bragg’s entire rationale. The Justice Department, as well as the Federal Elections Commission, long ago examined whether Trump violated election laws. They summarily dropped the matter after concluding there was no viable case. But Bragg won’t let a dead horse remain unbeaten. He is resolved to resurrect a feckless and moribund case.

As the chief prosecutor in a city reeling from rampant crime, you would assume that Bragg is preoccupied with public safety instead of pursuing a politically motivated case. Wrong assumption. The lawlessness that plagues New York City doesn’t seem to interest him in the least. 


The great irony is that Bragg has spent most of his tenure in office downgrading felonies to misdemeanors. But now he wants to upgrade a misdemeanor to a felony because his target’s name is Trump. His selective prosecution is an affront to the principle of equal justice under the law.  


I suspect that the district attorney’s real goal is to interfere in the upcoming presidential election by knocking out Trump. In a democracy, that important decision should be left up to voters, not a local prosecutor doing the bidding of his political party. Fortunately, most Americans are smart enough to see through the veneer of a sham case.  

Indeed, Bragg’s actions may well have the unintended consequence of rallying even more support for Donald Trump. 


Gregg Jarrett is a Fox News legal analyst and commentator, and formerly worked as a defense attorney and adjunct law professor. He is the author of the No. 1 New York Times best-selling book “The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump.” His latest book is the New York Times bestseller “Witch Hunt: The Story of the Greatest Mass Delusion in American Political History”

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