Obama-Era Memo Raises Questions About Pretext for Trump's Mar-a-Lago Raid

A purportedly never-before-seen Department of Defense memo from the Obama era appears to indicate the federal government may have already had original copies of the documents seized at former President Trump's Mar-a-Lago home in 2022. The memo raises serious questions about the pretext for the raid.

America First Legal, a conservative legal group, has unveiled what it claims to be a newly unearthed memo from the Obama administration Department of Defense, casting doubt on the basis for the raid on former President Donald Trump's Mar-a-Lago property. The memo suggests that the federal government may have already possessed original copies of the classified documents seized during the raid.

The document, titled Memorandum of Understanding Entered into by Presidential Information Technology Community Entities, dates back to 2015 and was issued following a Russian breach of the Executive Office of the President's network. Then-President Barack Obama took executive action to create the Presidential Information Technology Community (PITC) to enhance security measures.

The PITC, which includes representatives from agencies like the Department of Defense and Homeland Security, effectively established that the president maintains control over information received through the PITC network. This executive action was made public at the time.

America First Legal contends that this memo confirms that the Department of Defense has been responsible for maintaining the information systems and resources provided to the President, Vice President, and Executive Office of the President. This implies that the government may have stored and retained documents from the Executive Office of the President, including potentially all of Trump's classified documents.

AFL's Vice President Dan Epstein decried the manner in which the situation was handled, highlighting the unnecessary raid and prosecution of a former president, particularly when the government may have already possessed the documents. He accused the Biden administration of politicizing the referral process and evading normal protocols to ensure the temporary holding of records for Archives review.

America First Legal obtained the documents through litigation against the Department of Defense. The group presented these documents as evidence of the government's potential prior possession of the materials seized from Trump's residence.

The FBI seized 33 boxes of documents from Mar-a-Lago in August 2022, triggering a legal battle. Trump has been charged with 40 felony counts, including allegedly violating the Espionage Act and obstructing justice. He has pleaded not guilty and has denounced the case as a "scam" perpetrated by the Biden administration.

The case was set to go to trial on May 20, but has been postponed indefinitely until a new date is set by Judge Aileen Cannon. Trump's defense team has filed a motion for dismissal, arguing that he possesses "presidential immunity" and that the documents were declassified.

The Trump case has sparked investigations into the handling of classified documents by current President Joe Biden and former Vice President Mike Pence. Special Counsel Robert Hur declined to recommend charges against Biden, citing his age and cognition. Trump has criticized this disparity in treatment.

The White House has asserted executive privilege over audio and video recordings related to Hur's interviews with Biden. This move has drawn criticism from Republicans, who argue that it hampers their investigation into Biden's mishandling of classified documents.

Republican House Oversight and Accountability Committee Chair James Comer condemned the assertion of executive privilege, accusing the White House of fearing the release of recordings that would further highlight Biden's cognitive decline. Comer stated that the committee would continue its investigation and move forward with a resolution to hold Attorney General Garland in contempt of Congress for defying a subpoena.