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America First Legal Profile picture
@America1stLegal
May 23, 2024 • 18 tweets • 6 min read • Read on X
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/1🚨EXPLOSIVE LITIGATION DOCS: We sued DOD and uncovered a secret Obama memo on presidential records which shows that Jack Smith is the one subverting the law. 

The directive, which legally binds DOJ, vests POTUS with sole authority to determine which records are his.  

More… Image
/2 This secretive memo established by the Obama Administration — and used through the Trump and Biden Administrations — confirms the government may have already had originals of the alleged classified documents involved in Special Counsel Jack Smith’s sham prosecution against President Trump through the Presidential Information Technology Community (PITC).
/3 Some background…

In October 2014, Russian hackers breached the Executive Office of the President (EOP)’s network.

In response, President Obama created, via executive action, PITC. Image
/4 PITC includes representatives of the DOD and Homeland Security, among others.

PITC effectively establishes that the President controls all the information he receives through the PITC network. 

We launched an investigation…
/5 AFL Vice President @DanielZEpstein’s op-ed breaks down PITC in further detail below…
Image
/6 On April 4, 2024, we sued the DOD to compel the immediate release of documents requested under the Freedom of Information Act (FOIA) regarding the secretive Presidential Information Technology Committee (PITC) created by former President Barack Obama.
/7 The PITC executive order was public, but it doesn’t tell the whole story.

Today, AFL releases a never-before-public memo from the White House confirming the DOD has been “operating and maintaining the information resources and information systems provided to the President, Vice President, and Executive Office of the President (EOP).”Image
/8🚨This memo reveals that the White House secretly created and apparently maintains an information technology community that enforced Obama’s executive order to ensure that presidents could store their records on DOD servers without losing control.
/9 What it means is that the federal government has preserved and retained all EOP records on its servers, and therefore, consistent with Obama’s order, it likely possesses a substantial amount, if not all, of President Trump’s classified documents.
/10 Under section 2.01 of the memo, the White House Communications Agency provides core services related to unclassified records.

Under section 2.06 of the memo, the National Security Council provides classified services.
Image
Image
/11 Section 2.04 of the memo concedes that all “records created, stored, used, or transmitted by, on, or through the information resources and information systems provided to the President” were stored at DOD. Thus, the White House Communications Agency and NSC at the White House simply provide services regarding records housed at DOD.Image
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/12 Any Congressional committee with subpoena power can now seek to determine whether the documents that Special Counsel Jack Smith obtained and claimed Trump unlawfully retained after his presidency are actually in Biden’s active possession through PITC.
🚨🚨🚨
/13 This revelation cuts a knife through the entire indictment as it proves that many, if not all, of the documents President Trump is accused of unlawfully retaining were and are currently still retained by the Executive Branch and stored on DOD servers.
/14 Further, because of the PITC memo’s aggressive posture that all records the President receives are subject to his control, President Trump had a clear basis for believing he had the authority to possess copies of records stored at the DOD. It would, therefore, be impossible for Trump to have retained records "without authorization" and "willfully" and "knowingly," as the Jack Smith indictment suggests.
/15 This, of course, sets aside the point that the President of the United States has absolute discretion under the Presidential Records Act to determine which records are his, as we have long asserted:
/16 Lastly, the secret document uncovered by AFL raises the question of why armed agents ever raided President Trump’s personal residence. The Special Counsel should have first determined what relevant records existed on the DOD systems. The failure to do so, as the Biden administration clearly knew and enforced PITC, smacks of politicization and dangerous government overreach.
/17 Moreover, PITC explains how the President controls all the records:

"This memorandum is intended to maintain the President's exclusive control of the information resources and information systems provided to the President, Vice President, and EOP." 
obamawhitehouse.archives.gov/the-press-offi…
Image
/18 These explosive findings demand immediate action. aflegal.org/explosive-secr…

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More from @America1stLegal

America First Legal Profile picture
Feb 6
/1🚨VICTORY — AFL DEFEATED Maricopa County’s attempt to hijack County Recorder Justin Heap’s election integrity lawsuit and block us from representing him.

An Arizona court fully rejected the blatant power grab.

Our lawsuit against Maricopa County will now proceed. Image
/2 After Recorder Heap chose AFL to represent him in a lawsuit against the Maricopa County Board of Supervisors, Maricopa County Attorney Rachel Mitchell filed another lawsuit against him, claiming that she had the right to select his attorney, and she did not want AFL to represent him.
/3 In its ruling, the Maricopa County Superior Court held that Arizona law does not give the county attorney authority to control a county officer’s legal representation.
Read 9 tweets
America First Legal Profile picture
Feb 6
/1🚨VICTORY — AFL has BROKEN Nashville’s years-long stonewalling over the Covenant School shooter’s “manifesto.”

A Tennessee appeals court REJECTED Nashville’s attempt to withhold records related to the shooting and keep the public in the dark. Image
/2 The ruling from the Court of Appeals of Tennessee at Nashville reverses most of a lower court decision that allowed the Metropolitan Government of Nashville and Davidson County (Metro) to withhold the shooter’s “manifesto” in full.
/3 The court’s ruling made clear that government agencies cannot rely on sweeping legal theories to justify total secrecy, and must instead conduct a record-by-record review, redacting only what is lawfully protected and releasing the rest under Tennessee’s Public Records Act.
Read 12 tweets
America First Legal Profile picture
Jan 29
/1💨BLOWN AWAY —

AFL has uncovered that MULTIPLE states lack evidence to support their claims of harm in their lawsuit challenging the Trump Administration’s federal wind regulation review. Image
/2 Last year, 17 states and D.C. sued the Trump Administration and several federal agencies, challenging the implementation of the Wind Memo, claiming it would cause irreparable harm to each state’s environment, climate, and economic, transportation, and security interests.
/3 The plaintiff states include New York, Massachusetts, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, and the District of Columbia.
Read 9 tweets
America First Legal Profile picture
Jan 29
/1🏛️NEW SCOTUS BRIEF — 

AFL filed a brief on behalf of @tedcruz, @Jim_Jordan, and 26 members of Congress urging the U.S. Supreme Court to uphold President Trump’s executive order on birthright citizenship and restore the Fourteenth Amendment’s original meaning. Image
/2 AFL’s brief, filed in partnership with Boyden Gray PLLC, supports President Trump’s Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.”
/3 Executive Order 14160 restores the original meaning of the Fourteenth Amendment’s Citizenship Clause, which the lower courts wrongly blocked by expanding birthright citizenship beyond what the U.S. Constitution allows.
Read 8 tweets
America First Legal Profile picture
Jan 26
/1🏛️NEW SCOTUS BRIEF —

AFL filed a new amicus brief after the U.S. Supreme Court agreed to hear Noem v. Al Otro Lado, a major case on whether courts can rewrite federal immigration law and block critical border security tools.

SCOTUS must reverse the Ninth Circuit’s ruling. Image
/2 AFL’s brief, filed with Boyden Gray PLLC, on behalf of U.S. Rep. Darrell Issa and U.S. Senators Ted Cruz, Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley, urges SCOTUS to reverse the Ninth Circuit’s ruling on the merits and stop a decision that would cripple border security.
/3 The Supreme Court’s decision to take the case puts this dispute on the main stage.
Read 11 tweets
America First Legal Profile picture
Jan 26
/1🚨BREAKING — AFL just sued HHS, CMS, and HRSA to expose a Biden-era DEI program that injects RACE into life-and-death organ transplants.

Race has no place in deciding who lives and who dies. Image
/2 Before leaving office, the Biden Administration overhauled the organ transplant system to advance its “racial equity” agenda, justified as a response to the “unbearable human costs of systemic racism.”
/3 Then-HHS Secretary Xavier Becerra said the system was “not immune to racial inequities” and pledged to reshape transplant policy around race. Image
Read 11 tweets

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