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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
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/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
Jun 19
🚨NEW: Ninth Circuit Grants Preliminary Injunction Blocking California’s Child Transition Secrecy Law

America First Legal and @SchaerrJaffeLlp just secured a huge win for parental rights — vindicating the rights of families fighting against California’s radical attempt to hide children’s “gender transitions” from parents.Image
2/ In City of Huntington Beach v. Newsom, the Ninth Circuit entered a preliminary injunction blocking key provisions of AB 1955.

This law forced schools to keep parents in the dark about their child’s sexual orientation, “gender identity,” or gender expression — unless the child consented. California tried to insert the State between parents and their kids.
3/ The court, reconsidering in light of the Supreme Court’s landmark Mirabelli v. Bonta decision, held that Plaintiff-Parents “very likely have standing” and that parents — not the State — have primary authority over the upbringing and education of their children.
Read 7 tweets
America First Legal Profile picture
Jun 12
🚨BREAKING — New documents obtained by AFL reveal Biden’s DOJ weaponized federal law enforcement against parents at school board meetings despite warnings from FBI officials and the National Sheriffs’ Association. Image
AFL obtained the documents from the U.S. Department of Justice in its ongoing lawsuit over Attorney General Merrick Garland’s infamous October 4, 2021 memorandum targeting concerned parents at school board meetings.
On October 4, 2021 — the day the memo was released — FBI Deputy Assistant Director Jay Greenberg emailed the Office of the Deputy Attorney General, stating the FBI had “some concern.”

He requested “additional time to engage” before messaging about the infamous memo went out. Image
Read 13 tweets
America First Legal Profile picture
Jun 9
🚨BREAKING — AFL filed complaints demanding federal investigations into Chicago, San Francisco, and Loudoun County Public Schools for illegal policies that socially transition children and keep parents in the dark.

The districts’ superintendents testify before Congress June 10. Image
AFL’s complaints, filed with the U.S. Department of Justice and U.S. Department of Education, detail serious violations of federal law by:

🏫 Chicago Public Schools

🏫 San Francisco Unified School District

🏫 Loudoun County Public Schools
The complaints detail violations of the Family Educational Rights and Privacy Act (FERPA), Title IX of the Education Amendments of 1972, and the First and Fourteenth Amendments to the U.S. Constitution through radical policies adopted by each of the school districts.
Read 13 tweets
America First Legal Profile picture
Jun 6
Judge John McConnell just issued a sweeping ruling blocking Trump’s immigration and asylum policies.

This is the same judge AFL exposed for failing to recuse from the Trump spending freeze case — despite previously leading a nonprofit that received $128M in federal funding.

🧵 Image
Judge McConnell served 18 years on the board of Crossroads Rhode Island.

His nonprofit received $128 million in government funding during that time.
Last year, Judge McConnell blocked President Trump’s spending freeze.

His nonprofit stood to receive millions more following his ruling to keep federal funds flowing through one of the plaintiff states.
Read 7 tweets
America First Legal Profile picture
Jun 2
DEI DEFEATED🚨

AFL challenged a Biden-era DEI framework embedded in a federal kidney transplant program. 

The Trump Administration just dismantled it.

No American should ever be denied a transplant because of their race. Image
The Centers for Medicare & Medicaid Services just published a final rule stripping the Biden Administration’s DEI framework from the Increasing Organ Transplant Access (IOTA) Model.

One of the most aggressive attempts to inject race into organ transplantation is gone. Image
The IOTA Model was part of Biden’s “sweeping equity agenda” to confront the “unbearable human costs of systemic racism.”

It directed hospitals to create “Health Equity Plans” that sorted patients by race, ethnicity, and socioeconomic status and implemented race-based interventions to alter transplant outcomes.

In a system where every organ can mean life or death, Biden’s answer was DEI.Image
Read 9 tweets
America First Legal Profile picture
May 28
🚨MARICOPA COUNTY ALERT —

The Maricopa County Board of Supervisors appears to be attempting to undermine a court order, usurp Recorder Justin Heap’s authority, and keep voters in the dark about a faster way to vote.

AFL’s letter exposes what’s happening.

And it’s explosive. Image
The Board’s Elections Director, Scott Jarrett, has been going around Recorder Heap — cornering individual Recorder staff one-on-one and trying to lock in deals the recorder never authorized.

That’s not “good faith.”

That’s staff-shopping — and a deliberate attempt to manufacture facts on the ground and usurp authority the Superior Court just ruled belongs to the Recorder.Image
Recorder Heap has been crystal clear.

All binding agreements on election administration must go through him or his lawyer.

No more backdoor power grabs.

Everything goes through official channels.
Read 11 tweets

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