Department of Defense Memo Suggests Government Already Possessed Documents Seized at Mar-a-Lago

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A newly unredacted memo from the Obama era suggests the government might have already possessed the documents seized at Trump’s Mar-a-Lago home. This raises significant questions about the legitimacy of the 2022 raid. The controversy deepens as details emerge about the Biden administration’s involvement with the National Archives.

New Memo Raises Questions on Mar-a-Lago Raid

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A recently surfaced Department of Defense memo from the Obama era suggests the government might have already possessed the documents seized at Trump’s Mar-a-Lago home. This revelation casts doubt on the justification for the 2022 raid.

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America First Legal (AFL) has unveiled what it claims is a new memo from the Obama administration’s Defense Department. The memo allegedly shows the government had original copies of the documents tied to Special Counsel Jack Smith’s case against Trump.

Background on the Memorandum

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The 2015 memo, titled “Memorandum of Understanding Entered into by Presidential Information Technology Community Entities,” followed a Russian cyberattack in 2014. President Obama established the Presidential Information Technology Community (PITC) to safeguard the executive branch’s information.

Presidential Control of Information

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The PITC includes representatives from key federal agencies like the Department of Defense and Homeland Security. This initiative ensured that the president had control over the information received through the PITC network.

Public Release and New Findings

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AFL released the memo, claiming it shows the Department of Defense has been managing information systems for top executive offices. This could imply that the government stored President Trump’s classified documents.

Implications of the Memo

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America First Legal suggests the memo indicates the federal government retained a substantial amount of Trump’s documents. This development might affect the ongoing prosecution against the former president.

Allegations of Political Bias

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America First Legal criticizes the investigation as politically motivated. They argue that the Biden administration orchestrated the referral that led to the FBI raid and subsequent prosecution of Trump.

Controversy Over Record Retrieval

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The Biden Administration could have avoided an illegal referral process for records it already had, America First Legal argues. Instead of using normal means to secure records for review, it allegedly resorted to extraordinary measures, sparking criticism.

Biden’s Classified Documents Under Scrutiny

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Trump’s case involving classified documents has led to investigations into President Biden’s document handling. America First Legal obtained these documents through a lawsuit against the Department of Defense.

Lack of Response from Key Agencies

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The Department of Defense declined to comment on the memo. The White House and Department of Justice did not respond to requests for comment from Fox News Digital.

Seizure of Documents at Mar-a-Lago

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In August 2022, FBI agents seized 33 boxes of documents from Trump’s Mar-a-Lago estate. This action has resulted in a legal battle with Trump, who has labeled the investigation a “scam.”

Charges Against Trump

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Special prosecutor Jack Smith, appointed by Attorney General Merrick Garland, has charged Trump with 40 felony counts. These charges include alleged violations of the Espionage Act and obstruction of justice.

Claims of Improper Storage

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The FBI cited probable cause to believe that classified documents at Mar-a-Lago were improperly stored. They also anticipated finding evidence of obstruction.

Trump’s Defense

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Trump has pleaded not guilty to all charges and has called the case an “Election Interference Scam.” He accuses the Biden administration and Jack Smith of politically motivated actions.

Memo’s Impact on the Case

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The newly disclosed memo does not absolve Trump of wrongdoing but challenges the raid’s initial justification. It adds to the ongoing debate over the government’s actions and motivations before the raid.

Unredacted Evidence Reveals Administration Involvement

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Judge Aileen Cannon has unredacted over 300 pages of evidence, revealing emails and conversations about the Biden administration’s early involvement with the National Archives and Records Administration (NARA). This evidence contradicts President Biden’s public claim of non-involvement in the case.

Early Coordination with NARA

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Documents show that shortly after Trump left office in 2021, the Biden administration’s Office of Records Management started working with NARA on claims regarding Trump’s records handling. A May 2021 letter from NARA’s general counsel to Trump’s representatives asked about missing presidential records, citing concerns raised by White House officials.

Archives’ Mission and Government Access

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NARA’s insistence on obtaining Trump’s records aimed to ensure proper preservation under the Presidential Records Act. However, if the government already had these documents through an Obama-era program, the records would have been preserved already.

Trial Delayed and Hearings Held

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The trial, initially set for May 20, has been postponed until Judge Cannon sets a new date. Hearings were held this week to address the defense’s motion for dismissal.

Broader Investigation into Classified Documents

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Trump’s case has led to investigations into classified documents held by President Biden and former Vice President Mike Pence. Special Counsel Robert Hur announced no criminal charges against Biden, citing his age and cognitive state as factors.

Trump’s Reaction to Disparity in Charges

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Trump criticized the disparity in how the cases are handled, calling it a reflection of a “two-tiered system of justice.” He pointed out the leniency shown towards Biden compared to the severity of his own charges.

Executive Privilege Controversy

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The White House invoked executive privilege over audio and video recordings related to Hur’s interviews with Biden, sparking Republican condemnation. Representative James Comer argued that this move indicates a cover-up regarding Biden’s cognitive state.

Republican Response and Oversight

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House Oversight Committee Chair James Comer demanded the recordings as part of the investigation into Biden’s handling of classified documents. He announced plans to proceed with actions against Attorney General Garland for defying a subpoena related to the investigation.

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