Scheerpost | June 3, 2023
The first thing to understand about John Durham is that he was a fearless prosecutor who went after organized crime and put in prison retired and active FBI agents who protected the mob for money or other enticements. One of the agents he stopped had enabled James “Whitey” Bulger Jr., once one of America’s most wanted men, the Winter Hill Gang boss who evaded arrest for sixteen years.
In his forty-five years as a state and federal prosecutor in Connecticut and Virginia, Durham worked often and closely with FBI agents, especially on cases that involved violations of federal racketeering statutes.
Durham also handled two inquiries into the CIA’s conduct in the War on Terror, and he did so without angering his superiors in the executive branch. In one case he was asked to investigate the alleged destruction of CIA videotapes of detainee interrogations, the so-called torture tapes. His final report on the matter remains secret, and he recommended that no charges be filed. He was later asked to lead a Justice Department inquiry into the legality of the CIA’s “enhanced interrogation techniques” that resulted in the death of two detainees. In that case, he was told that officers who were given and obeyed what were determined to be illegal orders—there were many of those after 9/11—could not be prosecuted. No charges were filed.
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