Friday, March 29, 2024
Friday, March 29, 2024
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The Misleading Claim That Durham’s Reference to Trump White House Records Was Misleading

The special counsel is not the one who’s spinning here.

The media–Democrat complex’s main gripe about special counsel John Durham’s February 11 Motion is is the prosecutor’s supposedly misleading reference to Internet traffic records (i.e., domain name system data, or DNS) derived from the Executive Office of the President (EOP) — i.e., the president’s staff or the White House.

Durham, of course, has indicted Democratic Party lawyer Michael Sussmann for allegedly making a false statement to the FBI in September 2016. The prosecutor alleges that Sussmann and his alleged collaborator, tech executive Rodney Joffe, exploited Joffe’s access to EOP records — among other Internet-traffic records — in order to frame Trump as a clandestine agent of Russia. They are said to have suggested that Trump and the Kremlin were using servers at Alfa Bank, a significant Russian financial institution, as part of a communications back channel.

Last week, in the course of making a motion to ask the court to address defense counsel’s potential conflicts of interest (see my Corner post), Durham disclosed that Sussmann also met with the CIA in early February 2017 and provided Trump–Russia data (from Joffe) that updated what he had given the Bureau in September. Sussmann and his supporters now grouse that Durham’s motion is prejudicially misleading. The gist of this complaint is that Durham was hiding the ball: The EOP records in question cover the period from 2014 until early 2017 — the period during which the president was Obama, not Trump. How could it be, Sussmann supporters theatrically pine, that Trump could be framed by using data from another president’s time in office? How could Trump supporters seriously contend that the Clinton campaign was “spying on the Trump White House” when the Internet-traffic records in question reflect activities of the Obama White House?

The Sussmann-camp claim is itself misleading.

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