A secret Obama letter published by the conservative watchdog group America First Legal refuted Jack Smith’s claim that President Trump lacked the right to possess or handle sensitive material.
Jack Smith filed 37 federal charges against Trump in June, alleging that the president stored confidential information at his Mar-a-Lago estate.
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Thirteen counts of deliberate retention of material related to national defense and six process crimes resulting from Trump’s conversations with his attorney are among the federal accusations that the businessman is facing in a Florida court.
In a superseding indictment filed in July, Jack Smith expanded the scope of the investigation into sensitive information kept at Mar-a-Lago and added three more accusations to Trump’s case.
AFL has filed a FOIA request with the Defense Department to obtain further details on an Obama-instituted secret committee.
Obama created the Presidential Information Technology Committee (PITC) as a covert effort to handle cybersecurity issues within the Executive Office of the President’s network in response to a cyberattack by Russian hackers in 2014.
“Special Counsel Jack Smith’s indictment against former President Trump, claims “Trump was not authorized to possess or retain…classified documents.” But Obama’s PITC memo may have created a reasonable belief in President Trump that he, in fact, had such authority,” stated America First Legal.
“Unlocking this secret of the Obama presidency is not only important for public transparency, it has clear implications for whether the government may have failed to disclose necessary information to the defendant as part of its prosecution of former President Trump – and this information may significantly affect the evidentiary support relied upon in indicting and continuing to prosecute a former President. The American people deserve to know the truth behind this secretive memo and how it has been used,” stated Dr. Dan Epstein of America First Legal.
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Through America First Legal:
Russian hackers gained access to the Executive Office of the President’s (EOP) network in October 2014. President Obama responded by establishing the Presidential Information Technology Committee (PITC), which is made up of officials from the Departments of Homeland Security and Defense, among other agencies.
PITC first establishes the assumption that the President has control over all information that he is given. The President has sole authority over information systems and resources that are made available to him, according to the PITC letter. (§ 1, ¶ 2.). The letter established the supposition that data on resources and information systems constituted “EOP information.” (§ 4(f)). The President has sole control over the information he gets because the memo relies on the Federal Records Act’s definition of “information system,” which is defined as resources arranged for the “use” and “disposition” of “information.” This pertains to the reasonable belief that a President may have regarding information provided to him during his tenure in office.
Furthermore, if the data on the PITC network was the basis for Special Counsel Jack Smith’s investigation of the former president Trump, then this information ought to have been given to him and might be relevant in determining his legal responsibility.
The indictment against former President Trump by Special Counsel Jack Smith asserts “Trump was not authorized to possess or retain…classified documents.” However, President Trump may have reasonably believed that he possessed such authority as a result of Obama’s PITC letter. Furthermore, some of the allegations in the indictment could not be true if the documents that Trump is accused of destroying are still kept at the EOP or the Department of Defense as a component of information systems established by PITC.
These important findings support the whitepaper from America First Legal, which states that the President of the United States has complete control over presidential papers. The whitepaper states that Congress and federal courts are not legally able to limit or prohibit this presidential right.
