Says Trump, Fox News ‘desperately spinning up a fake scandal

Former Secretary of State Hillary Clinton reacted to Special Counsel John Durham’s latest filing, criticizing former President Trump and Fox News for “desperately spinning up a fake scandal to distract from his real ones.”

The former 2016 Democratic presidential nominee tweeted Wednesday, in her first public statement to Durham’s Feb. 11 federal court filing, which alleged a “Tech Executive-1,” now identified as Rodney Joffe, and his associates, including a lawyer for her presidential campaign, Michael Sussmann, “exploited” internet traffic pertaining to a “particular healthcare provider,” Trump Tower, Trump’s Central Park West apartment building, and the Executive Office of the President of the United States in order to “establish ‘an inference’ and ‘narrative’” to then bring to federal government agencies tying Trump to Russia.

“Trump & Fox are desperately spinning up a fake scandal to distract from his real ones,” Clinton tweeted Wednesday. So it’s a day that ends in Y.”

“The more his misdeeds are exposed, the more they lie,” Clinton tweeted, linking out to a piece published in Vanity Fair “for those interested in reality,” which she says is a “good debunking of their latest nonsense.”

Clinton’s tweet comes days after Durham filed the motion, which focused on potential conflicts of interest related to the representation of former Clinton campaign lawyer Michael Sussmann, who has been charged with making a false statement to a federal agent. Sussmann has pleaded not guilty.

The indictment against Sussmann, says he told then-FBI General Counsel James Baker in September 2016, less than two months before the 2016 presidential election, that he was not doing work “for any client” when he requested and held a meeting in which he presented “purported data and ‘white papers’ that allegedly demonstrated a covert communications channel” between the Trump Organization and Alfa Bank, which has ties to the Kremlin.

But Durham’s filing on Feb. 11, in a section titled “Factual Background,” reveals that Sussmann “had assembled and conveyed the allegations to the FBI on behalf of at least two specific clients, including a technology executive (Tech Executive 1) at a U.S.-based internet company (Internet Company 1) and the Clinton campaign.”

Durham’s filing said Sussmann’s “billing records reflect” that he “repeatedly billed the Clinton Campaign for his work on the Russian Bank-1 allegations.”

Sussmann and his legal team, on Monday, though, demanded that the court “strike” the “factual background” section of Durham’s filing, arguing it will “taint the jury pool.”

“Unfortunately, the Special Counsel has done more than simply file a document identifying potential conflicts of interest,” Sussmann’s attorneys wrote. “Rather, the Special Counsel has again made a filing in this case that unnecessarily includes prejudicial—and false—allegations that are irrelevant to his Motion and to the charged offense, and are plainly intended to politicize this case, inflame media coverage, and taint the jury pool.”

Sussmann’s attorneys added: “Sadly, the Special Counsel seems to be succeeding in his effort to instigate unfair and prejudicial media coverage of Mr. Sussmann’s case.”

Sussmann’s legal team called for the court to “strike the Factual Background portion of the Special Counsel’s motion pursuant to the Court’s inherent power to ‘fashion an appropriate sanction for conduct which abuses the judicial process.’”

The “factual background” section of Durham’s filing alleged that Sussmann and the Tech Executive had met and communicated with another law partner, who was serving as General Counsel to the Clinton campaign. Sources told Fox News that lawyer is Marc Elias, who worked at the law firm Perkins Coie.

Durham’s filing states that in July 2016, the tech executive worked with Sussmann, a U.S. investigative firm retained by Law Firm 1 on behalf of the Clinton campaign, numerous cyber researchers and employees at multiple internet companies to “assemble the purported data and white papers.”

“In connection with these efforts, Tech Executive-1 exploited his access to non-public and/or proprietary Internet data,” the filing states. “Tech Executive-1 also enlisted the assistance of researchers at a U.S.-based university who were receiving and analyzing large amounts of Internet data in connection with a pending federal government cybersecurity research contract.”

“Tech Executive-1 tasked these researchers to mine Internet data to establish ‘an inference’ and ‘narrative’ tying then-candidate Trump to Russia,” Durham states. “In doing so, Tech Executive-1 indicated that he was seeking to please certain ‘VIPs,’ referring to individuals at Law Firm-1 and the Clinton campaign.”

Durham also writes that during Sussmann’s trial, the government will establish that among the Internet data Tech Executive-1 and his associates exploited was domain name system (DNS) internet traffic pertaining to “(i) a particular healthcare provider, (ii) Trump Tower, (iii) Donald Trump’s Central Park West apartment building, and (iv) the Executive Office of the President of the United States (EOP).”

Durham states that the internet company that Tech Executive-1 worked for “had come to access and maintain dedicated servers” for the Executive Office of the President as “part of a sensitive arrangement whereby it provided DNS resolution services to the EOP.”

“Tech Executive-1 and his associates exploited this arrangement by mining the EOP’s DNS traffic and other data for the purpose of gathering derogatory information about Donald Trump,” Durham states.

A spokesperson for Tech Executive-1, Joffe, defended his work on Tuesday.

“Contrary to the allegations in this recent filing, Mr. Joffe is an apolitical internet security expert with decades of service to the U.S. Government who has never worked for a political party, and who legally provided access to DNS data obtained from a private client that separately was providing DNS services to the Executive Office of the President (EOP),” Joffe’s spokesperson said in a statement Tuesday.