Secret Obama Memo May Destroy Jack Smith’s Case Against Trump
It certainly feels like all the politicized cases against Donald Trump are falling apart fast. But, these cases, meant to thwart his return to the White House, only fortified his lead in the polls—both against his GOP primary opponents and Joe Biden.
For example, the anti-Trump District Attorney Fani Willis is in a heap of trouble in Georgia. For starters, she appears to have improperly colluded with Democrats on the House Select January 6 Committee and the Biden White House. Willis also allegedly had an affair with a special prosecutor she hired to investigate Trump, paid him more money than his counterparts despite lacking the proper experience, and then misused public funds to go on trips together. Willis also faces accusations of firing a whistleblower on her staff. The charges keep piling up, and she’s now facing an investigation by the George Senate and impeachment by the Georgia House. Many believe this will result in the implosion of her case against Trump.
But, another case against Trump, this one by Special Counsel Jack Smith, may have a similar fate thanks to a secret memo uncovered by America First Legal (AFL).
“A secret Obama memo, the Presidential Information Technology Committee (PITC), regarding control of Presidential records could change everything in the DOJ’s politicized prosecution of Trump,” the organization announced in a post on X/Twitter on Tuesday.
“A secret Obama memo, the Presidential Information Technology Committee (PITC), regarding control of Presidential records could change everything in the DOJ’s politicized prosecution of Trump,” AFL explained in a large thread on X. “In October 2014, Russian hackers breached the Executive Office of the President’s network. In response, President Obama created, via executive action, PITC. PITC includes representatives of the Departments of Defense and DHS, among others.”
First, PITC creates a presumption that the President controls all information he receives. The PITC memo established the President’s exclusive control over information resources and systems provided to the President.
The memo created the presumption that information contained on information systems and resources was “EOP information.”
Because the memo relied upon the Federal Records Act’s definition of “information system” as resources organized for the “use” and “disposition” of “information”, the memo gives the President exclusive control over information he receives.
This is relevant to what a President may reasonably believe about information given to him while in office.
Second, and related, if information stored on the PITC network formed the basis for Special Counsel Jack Smith’s prosecution of former President Trump, that evidence should have been disclosed to the former President and may be relevant to his liability.
Why does this matter? Because Special Counsel Jack Smith’s indictment against former President Trump is based on the presumption that “Trump was not authorized to possess or retain ... classified documents.” According to AFL, Obama’s PITC memo “may have created a reasonable belief in President Trump that he, in fact, had such authority.”
Additionally, if the records Trump allegedly destroyed are still preserved within the EOP or the U.S. Department of Defense as part of PITC-created information systems, then other claims in the indictment may be baseless.
These explosive findings are consistent with America First Legal’s whitepaper contending that the President of the United States has absolute authority over presidential papers. Neither Congress nor the federal courts may lawfully abrogate or limit this authority.
Do you hear that? That’s the sound of Jack Smith’s case imploding.