Justice Dept. to launch criminal investigation into its own Russia probe: report

The Justice Department has reportedly opened a criminal investigation into its own Russia probe The New York Times reports

The newspaper reports that after former special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE closed the official investigation months ago, a new criminal inquiry will proceed to find out how the investigation of Russian interference into the 2016 presidential election and Trump's alleged collusion with Russia "all began."  

Attorney General William BarrBill BarrPolice accountability board concludes that Seattle police officers used excessive force during encounters with protesters Trump hasn't asked Barr to open investigation into Bidens, McEnany says Seattle, Portland, NYC sue Trump administration over threat to pull federal money MORE has closely reviewed how the department handled the Russia investigation. But shifting the administrative review to a criminal inquiry would allow the prosecutor presiding over the inquiry, John H. Durham, to subpoena for witness testimony and documents, people familiar with the matter told the Times.


It would also enable Durham, a U.S. attorney appointed by Barr to lead the inquiry, to put together a grand jury and to file charges.

When defined as an administrative review, Durham could only voluntarily interview witnesses and investigate government documents, according to the Times.

The Times reported it was unclear what specific crime Durham would look into or when the investigation changed from an administrative review. 

Opponents to President TrumpDonald John TrumpFox News president, top anchors advised to quarantine after coronavirus exposure: report Six notable moments from Trump and Biden's '60 Minutes' interviews Biden on attacks on mental fitness: Trump thought '9/11 attack was 7/11 attack' MORE may perceive the beginning of a criminal inquiry as a method for the president to go after his rivals. The president has indicated he believes the department should take steps against his political opponents, and has supported the department looking into the origins of the Russia investigation.
The threshold needed by the federal government to open a criminal inquiry is "reasonable indication" that a crime has taken place but with "objective, factual basis for initiating the investigation," according to department rules.
Durham and his team have talked to more than 24 former and current FBI and intelligence officials to determine if bias against the now-president drove the intelligence community's investigations into the campaign's potential ties to Russia, the Times reported.
Some CIA officials have reportedly hired criminal lawyers in preparation for their questioning, according to the Times.
With Durham, a veteran prosecutor, investigating the case, Barr may have an easier time avoiding allegations that he is promoting the president instead of being impartial as attorney general, the Times noted. Barr has been intimately involved in the inquiry since its inception in May, meeting with officials in Italy to investigate a conspiracy about the Russia investigation that the Italian government set up a Trump campaign adviser. 
Reports have also indicated that the attorney general asked the president to talk to foreign leaders about getting their cooperation in the Justice Department's inquiry, including the prime minister of Australia, where the tip that started the investigation originated. 
Democrats have accused Barr and Trump of utilizing the investigation for political purposes. 
The president has said the intelligence officials who launched the investigation into his campaign's potential ties to Russia's interference efforts committed treason. 
The results of Mueller's Russia investigation released in April revealed that the special prosecutor had "insufficient evidence" to conclude Trump or his campaign colluded with Russia to influence the 2016 election. 
The Justice Department declined to comment to the Times. The Hill also reached out to the department for comment.

Updated 9:45 p.m.