Originally posted by Sam
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It's important to understand the background. This filing was in response to Roger Stone's defense team asking the government to provide direct evidence proving that Russia hacked the DNC servers, saying:
The first step in any computer fraud case is to encase and image the "attacked" computer ... CrowdStrike failed to encase the subject computers.
[...]
First, Stone will demonstrate that the Government's proposition is untrue. This assumption was not based upon a government investigation disclosed to the defense; rather, it was based upon CrowdStrike's private investigation of the respective servers of another private organization. Second, it appears those servers have not been encased and consequently, its data not properly preserved. The proper preservation is critical in order for it to be admissible in court.
https://www.usatoday.com/documents/5996628-Suppress/
[...]
First, Stone will demonstrate that the Government's proposition is untrue. This assumption was not based upon a government investigation disclosed to the defense; rather, it was based upon CrowdStrike's private investigation of the respective servers of another private organization. Second, it appears those servers have not been encased and consequently, its data not properly preserved. The proper preservation is critical in order for it to be admissible in court.
https://www.usatoday.com/documents/5996628-Suppress/
In its response, the FBI flat out admits that "the government does not possess the material the defendant seeks; the material was provided to the government by counsel for the DNC with the remediation information redacted."
So no data gathered directly from the servers. No copies of the server images. No complete and unredacted report from CrowdStrike.
As for Comey, I can find nothing saying that he testified that the FBI was given forensic images of the servers for analysis. The only statement I can find from him is from January 2017 in which he says the DNC wouldn't let them anywhere near the servers and told them to talk to CrowdStrike.
"Ultimately what was agreed to is the private company would share with us what they saw."
So I ask again, what was the DNC trying to hide?
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