Durham building indictments of former top FBI-Will Garland end the probe?

These declassified memos, including McCabe's own notes that he took for meetings, show there was grave concern that McCabe was staying around and participating in these cases. Rod Rosenstein in 2017 May, right after Comey is fired, tries to push McCabe to step aside, saying, it's just not good, it's bad optics, it's going to hurt the integrity of the FBI, if you stay in charge of the Russia case, given all we know about your wife's campaign.

And, at the end of the day, McCabe stood there and said, I'm going to stay in there.

Now, even special counsel Mueller, Robert Mueller, was aware of this. He said, I'm not going to get into the conflicts, but you should know, Andy McCabe, you're probably going to be a witness in my Russia investigation. McCabe still doesn't step aside.

So, that stuff, we did not see going on.

BARTIROMO: Wow.

SOLOMON: It was in the backroom dealing.

BARTIROMO: John Durham is continuing a criminal investigation. We are going to be talking this morning about the Biden agenda.

Do you expect Durham to come out with indictments, even in the face of a new administration and the Biden agenda unfolding?

SOLOMON: Everything that I see in the activity of the investigation and everything I hear from defense lawyers and others that are familiar with what's going on is that he is building a small number of indictments, trying to get the evidence to get there.

There have been some delays, and there's fights over evidence in the secret, behind closed doors, grand jury fights. But all the evidence is pointing toward him trying to bring criminal charges probably in the first quarter of this year. That's what I'm hearing.

Of course, there's a new sheriff in town. When Merrick Garland gets confirmed as attorney general, as we expect he will, he will have a say. And maybe he will take the -- and put the case and set it aside. But, right now, John Durham is -- looks to be building a small number of indictments focused on the top of the FBI.

That's very important. The very top of the leadership of the FBI, that's where he's looking.

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