NEW: Memo Reveals Secret Obama-Era Program That Could Destroy Jack Smith's Classified Docs Case

Red State ^ | May 23, 2024 | Jennifer Van Laar

[T Ruth]

We already know that the raid on Mar-a-Lago was completely unjustified and unnecessary for many reasons …

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Now we're learning that due to a secret Obama-era program, the Presidential Information Technology Committee (PITC), there's a very good chance that the Biden Administration has had control of the originals of many, or all of the documents at issue this entire time.

The PITC was created in March 2015 by Executive Order in response to an October 2014 incident in which Russian hackers breached Executive Office of the President computers. ...

A 2015 Memorandum of Understanding between the members of the PITC set out the logistical framework for this program and was released by America First Legal on Thursday morning (emphasis mine):

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.

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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.

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[neverevergiveup]

Obama is driven by ideological hatred. It’s very plain and clear. If what he truly feels were displayed on his public face and demeanor it would be frightening.

[Red Badger]

The documents were just a rise.

The real target was a specific binder..............

[ifinnegan]

Smith is ICC, a dirty court. They do not afford rights to accused as are afforded under our Constitution.

He’s trying to bring that here.

[Tench_Coxe]

"Obama is driven by ideological hatred."

That's how he is used. His whole life is a cypher, which suggests to me he wasn't/isn't the one calling the shots.

[Michael.SF.]

Correct me if I am wrong here, but: just because the original documents are held elsewhere does not make any copies of those documents any less classified.

[piasa]

I wonder if those were really Russian hackers in 2015 or if it was Obama’s Sanford U misinformation crowd, the folks who pretended to be Russian in an effort to smear Alabama’s Judge Moore in the special election.

[clearcarbon]

"So, though the administration likely had the originals of the documents at issue, and though Trump's lawyers were working with the DOJ to determine what documents should be returned to the National Archives (if any), Jack Smith went ahead with a full raid on Mar-a-Lago and went so far as to have his thugs ransack and photograph Melania Trump and Barron Trump's bedrooms and personal spaces (people who were not targets of the search warrant)."

Than it appears that the raid theatrics had little if anything to do with national security, but rather was strictly political in an effort by the current misadministration to sabotage the traditional method of the nation's election process and effectively overthrowing US Constitution.

[Enterprise]

I'm not totally sure this is about classification, but here is where I think this going.

Obama created an executive order. It states that:

All records the President receives are subject to his control. (And to me, this means he controls ALL records from the moment he is President until the moment he is no longer President.

So, per Obama's E/O it can be shown that President Trump had a clear basis for believing he had the authority to possess copies of records stored at the DOD. (In spades because he is the Executive Officer and the CIC !!!!)

Therefore per Obama's E/O Trump cannot be charged with retaining records “without authorization,” “willfully,” and “knowingly,” because the Obama E/O gives control of all records to Trump. Smith's case just evaporated. Now the question is criminal culpability on the part of those who authorized the raid.

[Michael.SF.]

Thank you! Good explanation, now it makes sense.

What poetic justice that would be: Trump gets off on the charges because of what Obama did in the EO!

[Enterprise]

Thank you. That’s the best sense I could get of this.

[Robert357]

It is really interesting how all these facts slowly have reached the surface.

If there really is justice, Trump will be cleared and the Democratic Partly “lawfare” attempt to subvert Democracy will be revealed to the public.

[Organic Panic]

Watch Biden rescind the EO.

[thesligoduffyflynns]

this is all true but think

of how Melania, their son Barron, and the entire household felt.

pretty icky & violated for sure. i wonder if staff had to go thru the charade too

[Bullish]

Jack Smith doesn’t HAVE any ‘classified docs case’ anyway. These guys, in all of Trump’s cases, were too stupid to make a cohesive plan, they just thought they could throw silly crap against a wall. They literally think that everyone does or should hate Trump as much as they do. Problem for them is, America doesn’t hate Trump but are really beginning to hate them and Joe Bribey Biden for doing all of this.

We’re really up against some really stupid and venal people and their TDS has them completely off their rockers.

[vivenne]

And/or they couldn’t find what they were looking for, the Russiagate Binder, in Trump’s possession which was part of the warrant then frantically went through Melania and Barrons things. I wonder if they ever found the binder?

[Steven Tyler]

That was my first thought
OMG, “Russian” hackers (wink wink nod) broke in
Panis panic hysteria fear
WE MUST DO SOMETHING
Answer, more surveillance of Citizens and strip away more God given rightd

[Steven Tyler]

I have wondered if John Durham was a diversion, or, he actually compiled the damming timeline and squireled away that binder

[Chewbarkah]

You are 100% correct. The author muddies up his points by talking about DoD possession of the docs. The real point of the article is that Obama’s E.O. supports Trumps BELIEF that he had authority to possess the documents he had at M-a-L:

“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.”

For Trump to be guilty, he has to have had intent to violate the classified documents laws. I’m not sure I’m as convinced as the author, but it’s worth consideration.