This hasn't been a good week for Donald Trump-appointed special counsel John Durham as he attempts to go after his only real prosecutions around the Russia probe. Trump had appointed Durham to "investigate the investigators," claiming that former special counsel Robert Mueller was corrupt in his handling of the Russia investigation.
While that hasn't worked out, Durham has been relegated to search for lower-level crimes he can prosecute like lying to the FBI. Such is the case with this week's trial for longtime confidential informant for the FBI, Igor Danchenko.
On Wednesday, Durham opened his case by calling senior FBI intelligence analyst Brian Auten, who oversaw the early part of the Russia probe. Over the course of the two-day testimony, Auten testified that there was information that Danchenko didn't share with the FBI that could have aided their case.
When the Danchenko lawyers were able to ask questions on Thursday, they highlighted previous testimony given years ago that flew in the face of Durham's characterization, as CNN explained.
IN OTHER NEWS: Dr. Oz was caught using his own paid staff to 'spontaneously comfort' a woman for the cameras
Auten previously called Danchenko “truthful” and “assisted” when it came to his work with the Russia probe. He said having Danchenko as an FBI source was “one of the best things that came out of” the Russia probe.
It was such a blow to Durham that he re-directed his own witness and asked that the court declare him a "hostile witness." One of the frequently quoted adages from legal experts is that you never ask questions to your witness that you don't know the answer to.
On Friday, the judge tossed out five counts that Durham brought against Danchenko, NBC News reported.
“The government has failed to introduce that requisite evidence,” said Judge Anthony Trenga.
"Judge Trenga ruled counts 2-5 in Special Counsel Durham’s indictment against Igor Danchenko will be submitted to the jury re: lying to the FBI about an anonymous phone call from a person he believed to be Sergei Millian, which provided info appearing in the Steele dossier," tweeted Julia Jester.
