Russia ‘Witch Hunt’ Claims Collapse With Jury Decision And New Revelations

Hannity, for his part, described Durham’s appointment in 2019 as a “major, huge development” that would give “the deep state … every reason to be afraid, every reason to panic.” He later argued that if the investigation did not result in convictions, “the great American republic will disintegrate before your eyes.”

The Durham probe has provided Fox with years of content. The network has aired more than 2,000 weekday segments that discussed his investigation or the origins of the Mueller probe since his May 2019 appointment, more than 500 of which came after he was named special counsel in October 2020, according to Media Matters' internal database. And Trump eagerly watched the coverage — during a September 2020 presidential press conference, he reeled off half a dozen shows that had covered the investigation that day, calling it “the biggest political scandal in the history of our country” as he tried to use the cloud of the phony scandal to bolster his reelection campaign.

However, Durham’s investigation has proven less effective in court. His prosecutors secured a guilty plea from former FBI lawyer Kevin Clinesmith for altering a document used to justify the surveillance of a Trump campaign aide, but the judge believed Clinesmith’s argument that he had not intended to mislead his colleagues but had inserted words he believed were accurate and sentenced him to probation. Sussmann, charged with a single count of lying to an FBI agent over his role in an aspect of the Russia story so minor that Hannity had barely mentioned it, was found not guilty by a unanimous jury, with the forewoman stating that the government had wasted their time. The only person remaining on Durham’s public docket is Igor Danchenko, a Russian national who contributed to the Steele dossier and is charged with five counts of making false statements to the FBI.

Durham’s investigation has now dragged on for more than three years. During that time the Justice Department’s inspector general concluded that the Russia probe was properly predicated. It is reasonable to conclude both that Durham does not have the goods and that he has inadvertently debunked the conspiracy theory he was appointed to prove. By contrast, it took Mueller’s team less than two years to deliver a completed report detailing Russia’s “sweeping and systemic” interference on Trump’s behalf in the 2020 election and Trump’s own potential criminal actions, and his prosecutors secured guilty pleas or convictions against a lengthy list that included Trump’s 2016 campaign chair Paul Manafort, his deputy, Rick Gates, Trump’s longtime political consigliere, Roger Stone, and his first national security adviser, Michael Flynn.

But Fox narratives can never really fail, they can only be failed – the likes of Hannity will never admit they got it wrong. Instead, the Fox prime-time host opened Tuesday night’s show by claiming that “America's two-tiered system of justice is alive and well” and arguing that Sussmann’s jury was “tainted.”

“In my humble opinion, Durham likely knew exactly what he was up against in the D.C. courts knew the makeup of the jurisdiction and the D.C. swamp is leftist liberal and likely was not counting on a conviction as much as getting more important information out to the general public,” Hannity later added. “In other words, this is a preview of coming attractions. Forget about Sussmann. It's the system, what the system is.”

At around the same time Hannity was telling his audience that justice was right around the corner, another aspect of Fox’s counternarrative collapsed.

In May 2020, Richard Grenell, an unscrupulous political operative then ensconced as acting director of national intelligence, produced what he claimed was a list of senior Obama administration officials who “unmasked” Flynn, receiving his name after they followed the National Security Agency’s standard process and asked the agency to reveal the identity of an individual generically referenced in an NSA report. While it was always unclear that the unmasking had been inappropriate, Fox gave the story wall-to-wall coverage, running at least 250 weekday segments that touched on the “unmasking” story or the broader “Obamagate” conspiracy theory that month alone, according to Media Matters’ database.

But on Tuesday night, Buzzfeed’s Jason Leopold and Ken Bensinger produced a September 2020 report then-U.S. Attorney John Bash authored for Barr indicating that his review had found no predicate for a criminal investigation and concluding that senior Obama officials had not unmasked Flynn “for political purposes or other inappropriate reasons.” Indeed, Bash concluded that contrary to the overheated Fox rhetoric that flowed from Grenell’s document, "all but one of the requests that listed a senior official as an authorized recipient of General Flynn’s identity were made by an intelligence professional to prepare for a briefing of the official, not at the direction of the official.”

Over the years, Fox took its audience down a rabbit hole, and the Justice Department followed. But the lack of successful prosecutions does not mean that Fox’s effort was fruitless. The House select committee Fox demanded to investigate the 2012 Benghazi attacks found no illicit actions by Hillary Clinton, but it did uncover her use of a private email server, and while the FBI investigation into her activity ultimately cleared her, the resulting political damage likely cost her the 2016 presidential election.

Fox-fueled investigations may not put anyone in jail – but they can still stir up enough political controversy to help the GOP win elections. And for a propaganda organ that effectively runs that party, that may be enough.