America First Legal releases bombshell memo that upends classified documents case

by Lauren Bratton

Photo: Adobe Stock

America First Legal’s (AFL) Stephen Miller just dropped a massive bomb on Special Counsel Jack Smith’s prosecution of President Trump.

On Thursday, Miller first teased that the conservative legal organization had “obtained a secret document via litigation against DOD that blows Jack Smith’s bogus ‘case’ against President Trump apart.”

Minutes later, AFL posted a lengthy thread on X, detailing a “secret Obama memo on presidential records which shows that Jack Smith is the one subverting the law.” According to AFL, Obama’s directive, “which legally binds DOJ, vests POTUS with sole authority to determine which records are his.”

While Obama’s executive order was released to the public, AFL wrote that “it doesn’t tell the whole story.”

Seven posts into the thread, the legal organization wrote that it was releasing “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).’”

AFL wrote that the purpose of the system, called the Presidential Information Technology Community (PITC), was “to ensure that presidents could store their records on DOD servers without losing control.” AFL believes that the federal government “likely possesses a substantial amount, if not all, of President Trump’s classified documents.”

AFL posted photos of several sections of the memo, including one that designates the White House Communications Agency to provide “core services related to unclassified records” and one that designates the National Security Council (NSC) as the provider of “classified services.”

Another section of the memo shows 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 their respective designated agencies.

AFL pointed out that “any Congressional committee with subpoena power” could find out whether the documents in question for Smith’s case were “actually in Biden’s active possession through PITC.”

AFL wrote that the “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.”

Additionally, AFL made clear that the PITC memo’s posturing related to the president’s control of all records meant that “President Trump had a clear basis for believing he had the authority to possess copies of records stored at the DOD.”

The organization also pointed out that it would have been “impossible for Trump to have retained records ‘without authorization’ and ‘willfully’ and ‘knowingly,’ as the Jack Smith indictment suggests.”

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