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On Friday, America First Legal (AFL) released a never-before-seen secretive memo established by the Obama Administration — and used through the Trump and Biden Administrations —  confirming the government may have already had originals of the alleged classified documents involved in Special Counsel Jack Smith’s sham prosecution against President Trump through the Presidential Information Technology Committee (PITC). AFL obtained these documents through litigation against the U.S. Department of Defense (DOD).

In October 2014, Russian hackers breached the Executive Office of the President (EOP)’s network. In response, President Obama created, via executive action, PITC. PITC includes representatives of the DOD and Homeland Security, among others. PITC effectively establishes that the President controls all the information he receives through the PITC network.

On April 4, 2024, AFL sued the DOD to compel the immediate release of documents requested under the Freedom of Information Act (FOIA) regarding the secretive Presidential Information Technology Committee (PITC) created by former President Barack Obama.

The PITC executive order was public, but it doesn’t tell the whole story. Today, AFL releases a never-before-public memo from the White House confirming the DOD has been “operating and maintaining the information resources and information systems provided to the President, Vice President, and Executive Office of the President (EOP).” This memo reveals that the White House secretly created and apparently maintains an information technology community that enforced Obama’s executive order to ensure that presidents could store their records on DOD servers without losing control.

What it means is that the federal government has preserved and retained all EOP records on its servers, and therefore, consistent with Obama’s order, it likely possesses a substantial amount, if not all, of President Trump’s classified documents.

Under section 2.01 of the memo, the White House Communications Agency provides core services related to unclassified records. Under section 2.06 of the memo, the National Security Council provides classified services.

Section 2.04 of the memo concedes that all “records created, stored, used, or transmitted by, on, or through the information resources and information systems provided to the President” were stored at DOD. Thus, the White House Communications Agency and NSC at the White House simply provide services regarding records housed at DOD.

Any Congressional committee with subpoena power can now seek to determine whether the documents that Special Counsel Jack Smith obtained and claimed Trump unlawfully retained after his presidency are actually in Biden’s active possession through PITC.

This revelation cuts a knife through the entire indictment as it proves that many, if not all, of the documents President Trump is accused of unlawfully retaining were and are currently still retained by the Executive Branch and stored on DOD servers.   

Further, because of the PITC memo’s aggressive posture that all records the President receives are subject to his control, President Trump had a clear basis for believing he had the authority to possess copies of records stored at the DOD. It would, therefore, be impossible for Trump to have retained records “without authorization” and “willfully” and “knowingly,” as the Jack Smith indictment suggests.

This, of course, sets aside the point that the President of the United States has absolute discretion under the Presidential Records Act to determine which records are his.

Lastly, the secret document uncovered by AFL raises the question of why armed agents ever raided President Trump’s personal residence. The Special Counsel should have first determined what relevant records existed on the DOD systems. The failure to do so, as the Biden administration clearly knew and enforced PITC, smacks of politicization and dangerous government overreach.

These explosive findings demand immediate action.

Statement from America First Legal Vice President Dan Epstein: 

“What America First Legal has uncovered after months of investigative work paints an unfortunate picture of the rule of law in Washington. A former President of the United States – the most democratically accountable officer under our Constitution – was subject to a politicized referral concocted by the Biden White House that led to an armed FBI raid of his home – where his wife and youngest child live – and is now subject to prosecution. And to now realize that the Biden Administration could have avoided an illegal referral process to recover records the government already possessed, that it could have used normal means to ensure that records the former president believed should be housed in his presidential library (not yet built because of the hordes of investigations aimed at silencing him) were subject to a temporary hold for purposes of Archives’ review — yet didn’t — speaks loudly to America: the law protects only those who follow the norms of one party,” said Dan Epstein.

Read the memo here.

Author: Press Release


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