In a shocking turn of events, a secret memo from the Obama presidency has emerged, potentially undermining Jack Smith’s case against former President Trump regarding classified documents. Conservative watchdog group America First Legal recently uncovered this memo, which could have significant implications for Smith’s claims that Trump lacked the authority to possess or retain classified information.
Let’s start by examining the background of the case. In June, Jack Smith indicted Trump on 37 federal counts for storing classified documents at his Mar-a-Lago residence. The charges included 31 counts of willful retention of national defense information and six additional process crimes stemming from Trump’s conversations with his lawyer.
In July, Smith added three more charges in a superseding indictment related to the investigation into classified documents stored at Mar-a-Lago. The case seemed to be building momentum against the former president, until the emergence of the secret Obama memo.
To understand the significance of the memo, we must delve into the creation of the Presidential Information Technology Committee (PITC) by Barack Obama in 2014. The committee was formed in response to Russian hackers breaching the Executive Office of the President’s network.
The PITC included representatives from various departments, such as Defense and Homeland Security. Its establishment aimed to address the security breach and enhance information technology protocols within the executive branch.
According to America First Legal, the PITC memo created a presumption that the President had exclusive control over information resources and systems provided to them. This presumption extended to the information contained on these systems, which was deemed “EOP information” (Executive Office of the President).
The memo’s implications become crucial to Smith’s case against Trump. Smith’s indictment claimed that Trump was not authorized to possess or retain classified documents. However, the memo might have instilled in Trump a reasonable belief that he indeed had such authority.
Additionally, if the records Trump allegedly destroyed are still preserved within the EOP or the Department of Defense as part of PITC-created information systems, certain claims in the indictment may be baseless.
America First Legal emphasizes the importance of transparency in unlocking the secrets of the Obama presidency. They argue that the American people deserve to know how this secretive memo has been used and its potential impact on the prosecution of a former president.
Dr. Dan Epstein, representing America First Legal, highlights the significance of this revelation. He states, “The American people deserve to know the truth behind this secretive memo and how it has been used.”
The relevance of the PITC memo extends beyond historical context. If information stored on the PITC network formed the basis for Smith’s prosecution of Trump, it should have been disclosed to the former president. Failure to disclose such evidence may have implications for Trump’s liability.
These explosive findings align with America First Legal’s whitepaper, which argues that the President of the United States has absolute authority over presidential papers. They assert that neither Congress nor the federal courts can lawfully abrogate or limit this authority.
Last week, America First Legal filed a Freedom of Information Act (FOIA) request against the Defense Department. The purpose of this request is to obtain more information about the secretive PITC and its activities during the Obama administration.
This FOIA request is part of America First Legal’s ongoing efforts to shed light on the memo and its potential impact on the case against Trump. The organization remains committed to uncovering the truth and ensuring transparency in the legal process.
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