Trump's hand-picked prosecutor brought a 'remarkably weak' case -- and it won't hurt the 'deep state': law professor

On Friday, writing for The Washington Post, George Washington University law professor Randall Eliason tore into John Durham, the special counsel hand-picked by former President Donald Trump's associates to investigate the so-called "Deep State" agents purportedly trying to bring him down from within federal agencies with the Russia investigation.

Eliason started off his column by asking rhetorically, "This is the best Donald Trump's chosen investigator can do?"

Durham so far has not found any major evidence for any of Trump's conspiracy theories — and the sole indictment he is pursuing is against Michael Sussmann, the former Democratic National Committee cybersecurity attorney for allegedly making a false statement that he wasn't acting on behalf of a client when giving details on Russia.

"This is a remarkably weak case, both factually and legally," wrote Eliason. "The indictment doesn't allege that the computer data itself was false or was doctored to implicate Trump. On the contrary, it says the various researchers recognized some weaknesses in the data and noted their clients were looking for a 'true story' that would bolster a narrative about Trump's Russian ties."

Eliason added that the FBI knew Sussmann was representing the Democratic National Committee at the time of the interview, which makes it highly unlikely that they were fooled into thinking "Sussmann was there simply as a 'good citizen' who had somehow stumbled across" information that potentially implicated Trump.

Durham's legal case has been similarly picked apart by other experts, including CNN's Jeffrey Toobin.

"Durham's probe has lasted for more than two years, longer than the entire Mueller investigation. He has produced only one conviction, a guilty plea last year by a former FBI attorney to a relatively trivial charge involving altering an email," concluded Eliason. "Durham might feel a need to produce some case — any case — to justify how he had been spending his time. But if prosecutions such as this are all he's got, he should just fold up his tent and go home."

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