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DNS records are public, but the access of DNS records is not. Even though the traffic is not encrypted, there is a certain level of anonymity because that lookup traffic usually traverses only between the requestor and the name servers provided by the ISP. It is also highly likely that the EOP IT network is in an enclave of sorts, and that the DNS server provided by the tech company is within that enclave or has a VPN connection of some sort since it's likely that DNS is just one among a suite of services provided.
All this is to say that while the government certainly can subpoena and obtain DNS lookup information from ISPs since there is no reasonable expectation of privacy for information volunteered to a third party, such information is nonetheless protected from disclosure to non-government entities, including private investigators, law firms, and political campaigns.
the contract in place was to scan for nefarious activity and protect against it. there is zero proof of any information being shared or use by private investigators, law firms or political campaigns
Well, that's what Durham said happened in the court filing. If we don't trust Durham, that's a different argument. These allegations need to be proven, of course. Personally, I fail to see an alternative explanation as to why this private investigator was in possession of EOP DNS access records and provided it in a meeting with a government agency (CIA?).
They will never be proven, because they are utterly irrelevant to the charged conduct. They don't appear anywhere in the indictment and have nothing to do with the alleged false statement to Baker. Durham just slipped them into a filing regarding alleged conflicts of interest that Sussman had already waived. So he can unaccountably make wild accusations without ever having to present any evidence for them.
In any case, the allegations don't make sense.
The EOP access and records all pertained to the time period when Obama was president. How would that indicate any kind of spying on Trump?
What do these words mean to you: "The Government's evidence at trial will establish..." Go read the filing again.
I also don't understand your logic in the bolded part. It's like saying that a fisherman wasn't fishing because his net also caught some shrimp.
Durham can plan to present all the evidence he wants, but the judge won't let him present any of this because it is irrelevant. Joffe could not have been spying on Trump using the EOP records because
Trump was not in the WH at any point during period of those records. It's like saying a fisherman wasn't fishing because he stuck his net in a bathtub.
This is false based on the filing.
Provide the quote then. Because Sussman's filing specifically says this and I don't see anything in Durham's that contradicts it.
It's paragraph 6 of the filing.
That paragraph doesn't say any of the DNS data from the EOP related to Trump's time in the WH. I see how you are reading that into, and I'm sure that's what Durham intended people to do, but it doesn't actually say that. If you think it does, provide the exact quote. Think about the timing here. The meeting with the CIA happened on Feb. 9, 2017. That's only 3 weeks after Trump took office.
It certainly does. It specifically mentions suspicious DNS lookup to Russian Phone Provider in reference to Trump's activities in the "vicinity of the White House". This directly indicates that EOP DNS records during Trump's presidency were disclosed.
"Second, the Government included these paragraphs to apprise the Court of the factual basis for one of the potential conflicts described
in the Government’s Motion, namely, that a member of the defense team was working for the Executive Office of the President of the United States (“EOP”) during relevant events that involved the EOP."
https://storage.courtlistener.com/recap/gov.uscourts.dcd.235638/gov.uscourts.dcd.235638.40.0_12.pdf, who was this member of the defense team working in the EOP during relevant events that involved the EOP." That would be Michael Bosworth, the deputy white house counsel for
Obama. I accept your apology.