A newly unearthed Department of Defense memo from the Obama era suggests that the federal government might have already possessed the original copies of documents seized from former President Trump's Mar-a-Lago home.
Fox News reported that America First Legal (AFL) released a 2015 memo from the Obama administration's Department of Defense. This memo followed a 2014 Russian breach of the Executive Office of the President’s network and led to the creation of the Presidential Information Technology Community (PITC) to protect executive branch information.
The memo suggests that the Department of Defense has been managing information resources for the President and Vice President, raising questions about the necessity of the FBI raid on Trump’s documents.
AFL obtained the documents through litigation against the Department of Defense. In August 2022, the FBI seized 33 boxes of documents from Trump’s Mar-a-Lago estate. Trump was subsequently charged with 40 felony counts, including violations of the Espionage Act.
Trump has pleaded not guilty and labeled the case an "Election Inference Scam." Presiding Judge Aileen Cannon recently unredacted over 300 pages of evidence in the case. The White House and DOJ did not comment on the memo.
The FBI agents claimed probable cause for improper storage of classified documents at Mar-a-Lago. Special Counsel Robert Hur decided not to recommend criminal charges against Biden for possessing classified materials after his vice presidency. The White House asserted executive privilege over recordings related to Hur's interviews with Biden.
The House Oversight Committee is investigating Biden's handling of classified documents and the assertion of executive privilege. AFL Vice President Dan Epstein expressed concerns about the rule of law in Washington. He emphasized that the Biden Administration could have avoided an illegal referral process to recover records the government already possessed.
Epstein added, "And to now realize that the Biden Administration could have avoided an illegal referral process to recover records the government already possessed, that it could have used normal means to ensure that records the former president believed should be housed in his presidential library (not yet built because of the hordes of investigations aimed at silencing him) were subject to a temporary hold for purposes of Archives’ review — yet didn’t — speaks loudly to America: the law protects only those who follow the norms of one party."
The memo’s disclosure does not absolve Trump of potential wrongdoing but questions the raid's justification. The documents unredacted by Cannon suggest that the Biden administration was involved early in the investigation. This involvement contradicts Biden's public statements denying involvement.
Special Counsel Robert Hur wrote that Biden is "a sympathetic, well-meaning, elderly man with a poor memory." This decision sparked outrage, with many perceiving it as an excuse for Biden's actions while Trump faces severe charges.
Earlier this month, the White House asserted executive privilege over audio and video recordings related to Hur's interviews with Biden. Republican House Oversight and Accountability Committee Chair James Comer criticized this move, arguing it was an attempt to shield Biden from scrutiny.
Comer claimed that President Biden's mental state is declining and insisted on obtaining audio recordings of his interview for an investigation into his mishandling of classified documents. Meanwhile, the legal proceedings concerning classified documents involving Trump, Biden, and Pence have seen delays, with no new trial date set by Judge Cannon.
In conclusion, a newly revealed memo from the Obama administration has cast doubt on the justification for the FBI raid on Trump’s Mar-a-Lago home. America First Legal obtained the memo, indicating that the government may have already possessed the documents in question. This development raises significant questions about the motivations and legality of the actions taken against Trump, further complicating an already contentious and politically charged case.
