Durham was confirmed by the senate then in feb 2018Barr appoints special counsel in Russia probe investigation
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AP News
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Dec 1, 2020 — WASHINGTON (AP) — Attorney General William Barr has given extra protection to the prosecutor he appointed to investigate the origins of the ...
WASHINGTON (AP) — Attorney General William Barr has given extra protection to the prosecutor he appointed to investigate the origins of the Trump-Russia probe, granting him authority to complete the work without being easily fired.
Barr told The Associated Press on Tuesday that he had appointed U.S. Attorney John Durham as a special counsel in October under the same federal regulations that governed special counsel Robert Mueller in the original Russia probe. He said Durham’s investigation has been narrowing to focus more on the conduct of FBI agents who worked on the Russia investigation, known by the code name of Crossfire Hurricane.
Thus not illegally appointed by Barr to be a special counsel