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Obama-era rule said papers are ‘controlled’ by the president

President Donald J. Trump listens as Vice President Mike Pence addresses his remarks during an update on the nation's COVID-19 Coronavirus testing strategy Monday, Sept. 28, 2020, in the Rose Garden of the White House. (Official White House photo by Shealah Craighead)

( photo / Shealah Craighead)

One of the many lawfare campaigns against President Donald Trump launched by his enemies in the Democrat party is one claiming he illegally kept government documents when he left office.

And had them in his Mar-a-Lago home which was targeted in a SWAT raid authorized by his 2024 presidential campaign opponent, Joe Biden.

Now a lawsuit has been filed against the federal government because officials have failed to respond to a request for access to documents that could confirm those papers actually were under Trump’s control, and he had the right to them.

The fight is profiled in the Washington Examiner, which explained America First Legal has sued the Defense Department over access to “an Obama-era memo that may reveal pertinent information” about those documents.The organization already had filed a Freedom of Information Act request for information on a “secretive” technology committee created in 2014 to address cybersecurity.

The legal team says the Presidential Information Technology Committee establishes a presumption “that the president controls all information he receives.”

Leftists in Biden’s administration have launched dozens of counts in a court case against Trump for documents allegedly found in his home.

Armed FBI agents conduct a search of Donald Trump's Mar-a-Lago estate in Palm Beach, Florida, on Monday evening, Aug. 8, 2022. (Video screenshot)

Armed FBI agents conduct a search of Donald Trump’s Mar-a-Lago estate in Palm Beach, Florida, on Monday evening, Aug. 8, 2022.

The legal team explains the government “has violated the FOIA by failing to reasonably search for records responsive to AFL’s FOIA request and release nonexempt records within the prescribed time limit.”

Cited is a March 2015 publication of a statement from Obama that established the president’s “exclusive control” over information resources provided to the president, the vice president, and the Executive Office of the President.

Trump’s defense has included that under the Presidential Records Act, he had broad authority to designate documents from his time in office as personal property.

The government, in its lawfare case against Trump, claimed Trump wasn’t authorized to have those documents, but the legal team says the Obama rule could be read to provide that permission.

Further, the case points out that the government may have, in fact, originals of at least some of the disputed documents, making those Trump held nothing more than “mere copies.”

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