Podcast 76: Hans Mahncke on the Durham Probe

Episode Introduction

This spring 2022 episode of Breaking Battlegrounds covers three stories that were in motion at the time.

Hans Mahncke, then writing for The Epoch Times, gave Sam Stone and Chuck Warren an update on Special Counsel John Durham’s investigation into the FBI’s 2016 Trump-Russia probe.
Kory Langhofer, the Phoenix election lawyer representing Rep. Andy Biggs, explained the lawsuits seeking to remove Biggs and other Arizona Republicans from the ballot under the 14th Amendment.
Rod Dorilás, a Navy veteran and son of Haitian immigrants, opened the show as a Republican candidate for Congress in South Florida.

Quick Answer

Breaking Battlegrounds Podcast 76, from spring 2022, covers three stories. Hans Mahncke discussed the Durham investigation. Durham’s 2023 report criticized the FBI, but two of his three prosecutions ended in acquittals. Kory Langhofer discussed lawsuits to disqualify Arizona Republicans, which courts dismissed in April and May 2022. Rod Dorilás discussed his congressional bid, which ended with a third-place finish in the 2022 primary.

Episode Overview

Rod Dorilás on his background, his Navy service and his run for Congress.
Hans Mahncke on the latest developments in the Durham probe.
Kory Langhofer on efforts to disqualify Republican candidates from the 2022 ballot.

About the Guests

Hans Mahncke

Hans Mahncke is a legal scholar with law degrees from Southampton, Amsterdam and Zurich. He has taught law internationally since 2001. He co-hosts “Truth Over News” with Jeff Carlson on EpochTV and wrote Swiftboating America (2024), a book on the Russia investigation. He also writes for The Federalist and works as in-house counsel at a global advisory firm.

Kory Langhofer

Kory Langhofer founded Statecraft PLLC, a Phoenix firm focused on government and political law, in 2015. He has served as counsel to Donald Trump’s 2016 campaign and transition, general counsel to Carly Fiorina’s 2016 campaign, and litigation counsel to Mitt Romney’s 2012 campaign. He holds a law degree from Yale. In 2026, he was counsel of record at the U.S. Supreme Court for Arizona Senate President Warren Petersen and House Speaker Steve Montenegro.

Rod Dorilás

Rod Dorilás is the son of Haitian immigrants. He enlisted in the Navy at 17 and served six years, including aboard the USS The Sullivans. He attended Syracuse University’s law school on the GI Bill and later worked at the U.S. Department of Commerce during the Trump administration.

The Durham Investigation: What Happened Next

Attorney General William Barr appointed John Durham in 2019 to examine the FBI’s Crossfire Hurricane investigation into the 2016 Trump campaign.

The prosecutions:

Kevin Clinesmith, a former FBI lawyer, pleaded guilty to altering an email used in a surveillance application and received probation.
Michael Sussmann, a Clinton campaign lawyer, was acquitted in May 2022, shortly after this episode.
Igor Danchenko, a source for the Steele dossier, was acquitted in October 2022.

The final report: Released May 15, 2023, it concluded the FBI did not have “actual evidence” of collusion when it opened the investigation. It said only a preliminary inquiry or assessment should have been opened. It also criticized the FBI’s surveillance applications for a “serious lack of analytic rigor.”

The other assessment: Inspector General Michael Horowitz had earlier found that the FBI had an “authorized purpose” when it opened the investigation, though he identified serious errors in the surveillance applications.

The 2022 Disqualification Lawsuits

Arizona voters, backed by the group Free Speech for People, sued to remove Reps. Andy Biggs and Paul Gosar and state Rep. Mark Finchem from the 2022 ballot. They argued that the three lawmakers’ roles around the January 6, 2021 rally disqualified them under Section 3 of the 14th Amendment.

Langhofer, representing Biggs, called that argument wrong in court. He said planning a rally and planning an insurrection are very different things.

On April 22, 2022, Maricopa County Superior Court Judge Christopher Coury dismissed the lawsuits. He ruled that Congress, not private citizens, has the power to enforce the clause, and that only Congress judges the qualifications of its members. Coury said the ruling neither validated nor disproved the insurrection claims. On May 9, 2022, the Arizona Supreme Court affirmed the dismissal, and all three candidates stayed on the ballot.

Rod Dorilás’s 2022 Race

Dorilás first ran in Florida’s old 21st District, which included Palm Beach. After redistricting, he ran in the new 22nd District. On August 23, 2022, he finished third in the Republican primary with 19.1% of the vote. Dan Franzese won the nomination.

Related Breaking Battlegrounds Episodes

The Durham probe and the Russia investigation

Jason Chaffetz on Russia, Biden and the Durham probe

Arizona election law and the 2022 ballot fights

Alexander Kolodin and Anthony Kern on the importance of strong legislatures. Kolodin represented Gosar in the same case.
Congressman Andy Biggs on immigration and border security
Stephen Richer on the Maricopa County election

Florida politics

China trade and Haiti

Frequently Asked Questions

What did the Durham report find?

John Durham’s final report, released May 15, 2023, concluded the FBI did not have actual evidence of Trump-Russia collusion when it opened Crossfire Hurricane. It said only a preliminary investigation was warranted and criticized the FBI’s lack of analytic rigor. Durham’s prosecutions produced one guilty plea, from Kevin Clinesmith, and two acquittals, of Michael Sussmann and Igor Danchenko.

Were Andy Biggs and Paul Gosar removed from the 2022 ballot?

No. A Maricopa County judge dismissed the 14th Amendment challenges on April 22, 2022, ruling that private citizens couldn’t enforce the clause and that Congress judges its members’ qualifications. The Arizona Supreme Court affirmed on May 9, 2022.

Who is Kory Langhofer?

Kory Langhofer is a Phoenix election and political law attorney and the founder of Statecraft PLLC. He has represented Donald Trump’s 2016 campaign, Rep. Andy Biggs and Arizona’s legislative leaders. He holds a law degree from Yale.

Did Rod Dorilás win his race for Congress?

No. After Florida’s redistricting, Dorilás ran in the new 22nd District and finished third in the August 23, 2022 Republican primary with 19.1% of the vote.

Conclusion

This spring 2022 episode caught three stories in motion. The Durham investigation went on to issue a sharply critical report while losing two of its three cases at trial. The Arizona disqualification suits Langhofer was fighting were dismissed within weeks. Rod Dorilás’s first run for Congress ended in a third-place primary finish after redistricting.

Sources

Editorial Note: This article is intended for informational and analytical purposes. Political developments, policies, polling, and public statements can change over time. Readers should consult primary sources and official government information for the latest details.