Two senior members of the Senate Judiciary Committee called Thursday for Attorney General Pam Bondi to appoint a special prosecutor to investigate allegations that former President Barack Obama and several of his key appointees in the intelligence and law enforcement communities manufactured the “Russiagate” scandal in 2016 and 2017.

“With every piece of information that gets released, it becomes more evident that the entire Russia collusion hoax was created by the Obama administration to subvert the will of the American people,” Senators Lindsey Graham (R-S.C.) and John Cornyn (R-Texas) said in a jointly issued statement.

“Democrats and the liberal media have been out to get President Trump since 2016. There must be an immediate investigation of what we believe to be an unprecedented and clear abuse of power by a U.S. presidential administration,” Graham and Cornyn insisted.

Graham is a former chairman of the Judiciary Committee, while Cornyn is a long-time member and was attorney general of Texas prior to first being elected to the Senate.

“For the good of the country, we urge Attorney General Bondi to appoint a special counsel to investigate the extent to which former President Obama, his staff, and administration officials manipulated the U.S. national security apparatus for a political outcome,” the senators continued. “As we have supported in the past, appointing an independent special counsel would do the country a tremendous service in this case.”

Special prosecutors are appointed by the attorney general to conduct investigations when for whatever reason the regular Department of Justice (DOJ) process is compromised by conflicts of interest, political considerations, or other unusual circumstances. Special prosecutors hire their own staff and operate independently of the DOJ staff.

Graham and Cornyn are the first senators to call for a special prosecutor. Their statement comes in response to a series of revelations this week by Director of National Intelligence (DNI) Tulsi Gabbard. Graham and Cornyn contend those revelations make clear Obama’s central role in a process that initially sought to prevent President Donald Trump from defeating former Secretary of State Hillary Clinton in the 2016 presidential election.

That effort was based on the “Steele dossier,” a collection of false allegations against Trump, including that he and Russian President Vladimir Putin were colluding to steal the election. It was that set of allegations that gave the scandal the sobriquet of “Russiagate.”

But when Trump won, according to Gabbard, the Russiagate effort was continued and intensified in an effort to undercut the new chief executive by rendering his election illegitimate. Trump remained in office but was forced to devote substantial time and resources to combating the false allegations. His loss in the 2020 election to former Vice President Joe Biden was in part due to the Russiagate controversy.

Citing Gabbard’s revelations, Graham and Cornyn outlined the following evidence points to support their call for a special prosecutor:

• In the months leading up to the November 2016 election, the Intelligence Community (IC) assessed that Russia is “probably not trying … to influence the election by using cyber means.”
• On December 7, 2016, after the election, talking points were prepared for DNI James Clapper stating, “Foreign adversaries did not use cyberattacks on election infrastructure to alter the US Presidential election outcome.” 
• A declassified copy of the Presidential Daily Brief, which was prepared using intelligence from the CIA, Defense Intelligence Agency, FBI, National Security Agency, Department of Homeland Security, State Department, and open sources, for Obama on December 8, 2016, assessed that “Russian and criminal actors did not impact recent US election results by conducting malicious cyber activities against election infrastructure.”
• That Presidential Daily Brief was scheduled to be published on December 9, 2016, but communications revealed that DNI Clapper’s office stopped its publication “based on some new guidance.”
• On December 9, 2016, Obama gathered top National Security Council principals for a meeting in the Situation Room that included James Clapper, John Brennan, Susan Rice, John Kerry, Loretta Lynch, Andrew McCabe, and others, to discuss Russia. 
• After the meeting, DNI Clapper’s executive assistant sent an email to IC leaders tasking them with creating a new IC assessment “per the President’s request” that details the “tools Moscow used and actions it took to influence the 2016 election.” It went on to say, “ODNI will lead this effort with participation from CIA, FBI, NSA, and DHS.”
• Obama officials leaked false statements to media outlets, including The Washington Post and The New York Times, claiming, “Russia has attempted through cyber means to interfere in, if not actively influence, the outcome of an election.”
• On January 6, 2017, a new Intelligence Community Assessment was released.

The Washington Stand has asked Senate Judiciary Chairman Charles Grassley (R-Iowa) and Ranking Member Richard Durbin (D-Ill.) for comment.

Special prosecutors often themselves become objects of controversy. Kenneth Star, who investigated the Whitewater and Monica Lewinsky scandals during the Clinton administration, was frequently accused by Democrats of being a partisan actor.

Initial reactions to the Graham/Cornyn call for a special prosecutor regarding Obama’s role in the Russiagate scandal are mixed.

Oversight Project President Michael Howell told The Washington Stand that the Trump administration “clearly needs a lot more legal and oversight help, but I’m not sure if the form for that should be a special prosecutor. What are the advantages of a special prosecutor? Seems like a way for DOJ to continue outsourcing accountability.”

On Wednesday, Bondi announced formation of a Strike Force “to assess the evidence publicized by Director of National Intelligence Tulsi Gabbard and investigate potential next legal steps which might stem from DNI Gabbard’s disclosures. This department takes alleged weaponization of the intelligence community with the utmost seriousness.”