MAGA Group Uses Obama Memo To Defend Trump In Classified Docs Case

 February 3, 2024

In a bold legal maneuver, Trump's allies claim an Obama-era memo justifies his handling of classified documents, challenging the foundation of criminal charges against him.

Stephen Miller's group, America First Legal, has taken a controversial stance by requesting the release of a memo from 2015.

This document established the "Committee for Presidential Information Technology," aimed at guiding the president and senior officials on secure document management. The committee's purpose was straightforward: to ensure that sensitive documents remained accessible to those permitted while keeping them out of reach from unauthorized personnel.

The legal twist in the documents saga

The interpretation of this memo by America First Legal suggests that it might have influenced Trump's understanding of his rights over presidential papers, MSNBC reported.

They argue that this perceived authority could nullify the charges he faces for refusing to surrender documents. This stance has raised eyebrows across the legal community, with many experts dismissing it as a far-fetched defense.

According to a statement from America First Legal, the memo's language about "exclusive control" over documents might have led Trump to believe he had "absolute authority" in this area. This interpretation is part of their broader argument against the criminal charges leveled at Trump for retaining classified documents after his presidency.

Experts weigh in on defense strategy

Legal scholars and experts have criticized this defense strategy as desperate and unlikely to hold in court. The Obama memo, they argue, was never intended to provide carte blanche for a president to handle classified documents as they see fit, especially beyond their term in office.

To call this argument a “Hail Mary” doesn’t do justice to Hail Marys. This is a Hail Mary thrown from the 1-yard line, with your eyes closed, off your back foot, into triple coverage.

The timeline of events leading to this controversy begins with a Russian cyberattack on Obama administration officials between 2014 and 2015.

In response, the Obama administration issued the memo in March 2015, creating a committee to safeguard presidential documents. Fast forward to 2022, federal agents retrieved classified documents from Trump's Mar-a-Lago estate, culminating in criminal charges in 2023. America First Legal filed a FOIA request for the Obama memo in January 2023, using it to argue Trump's case.


Critics of America First Legal's approach have voiced concerns over the misuse of the memo to defend Trump. They argue that the document was intended to protect national security, not to provide a loophole for the mishandling of classified information.

The case has become a focal point of national debate, pitting differing interpretations of presidential power against each other. As the legal battle unfolds, the court's interpretation of the Obama memo and its implications for Trump's actions will be closely watched.

The controversy centers around an Obama-era memo and its interpretation by Trump's allies. They argue it gave him the belief he could manage classified documents as he saw fit, a claim that faces significant legal and expert criticism.

As the case progresses, the debate over presidential authority and the safeguarding of national security documents continues to unfold, with far-reaching implications for the understanding of executive power and responsibility.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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