While true, he also didn’t charge anyone with the FBI itself. His cases against those he did bring charges against had the flaw that he was trying to prove that the lies mattered to the FBI when it was clear the FBI was going to do whatever it wanted and just used the lies as fig leafs for their misbehavior.
Absolutely. Torturing reality to prevent admitting the DoJ/FBI was a willing participant likely made any sentient jurors view the whole proceeding as dishonest, and gave them an excuse to acquit. The optimist in me interprets Durham as attempting a stepping stone strategy eventually to reach the government insiders and expose the whole operation. The realist sees him as a peripheral insider intent on running out the clock and “preserving the institution” in all its corrupt glory. He likes oozing out some dirt, but doesn’t want to crash the house of cards.