The classified documents case against President Trump was a sham prosecution involving the Biden White House from the start, long before NARA officially referred the classified documents to the Department of Justice (DOJ) for investigation.
America First Legal released the explosive documents.
In 2023, AFL exposed that a โspecial access requestโ from the Biden White House led to the FBIโs raid on Mar-a-Lago.
In both NARAโs response to AFL and Special Counsel Jack Smithโs superseding indictment against President Trump, the Biden Administrationโs official position was that NARA referred the matter to the DOJ for investigation in February 2022 after it received the classified documents from Mar-a-Lago.
But by the summer of 2021, even though NARA was assured theyโd โget to a resolution relatively soonโ on Trumpโs boxes, then-Archivist of the United States David Ferriero was โout of patience,โ and NARA General Counsel Gary Stern started โworking on a letter to the AG.โ
By September 2021, NARA had informed President Bidenโs White House Counsel and DOJ and drafted a letter to Attorney General Merrick Garland seeking โassistance for the recovery of Presidential Recordsโ even though, admittedly, the Presidential Records Act โhas no explicit provisionโ authorizing such a procedure.
However, because NARAโs ongoing engagement with President Trumpโs representatives โcould help to clarify, if not actually resolve, the issue,โ they nixed the DOJ letter. Instead, President Bidenโs Deputy White House Counsel devised a pretext for a โspecial access requestโ to NARA for Trumpโs Presidential records.
This new timeline is further proof that President Bidenโs Federal Bureau of Investigation raid on Mar-a-Lago was never about securing classified documents โ it was always about weaponizing the full force of the Department of Justice against President Trump by whatever means necessary.
Statement from Dan Epstein, America First Legal Vice President:
โThe documents uncovered by America First Legal show that years before President Trump was indicted, the National Archives concocted a pretextual and illegal basis for seeking to obtain his records. The Archives relied on a provision of the Presidential Records Act that permitted the Biden White House to access President Trumpโs records in order to conduct their internal business. But in a blatantly unlawful act, the Biden White House relied on this provision to hand over records to the National Archives.
“The Archivistโs partisan zeal against President Trump was so arbitrary and abusive that he justified his using the Biden DOJ to go after the President under the Federal Records Act โ which, by its text, does not apply to the President. In recognizing the illegality of these acts, the National Archives retreated to a scheme of entrapping the former Presidentโs representatives into handing over President Trumpโs records to them, and only then did they attempt to sweep away their fraud by using the Inspector General to make a criminal referral to the FBI.
“These acts reflect the former Administrationโs belief that the law must be twisted and abused to punish a political enemy. If this can happen to President Trump, every American will fear their government. Our Constitution is not a partisan sword but a shield to protect liberty. America First Legal has exposed the truth of the former Administration and looks forward to a Golden Age committed to justice for all Americans,โ said Dan Epstein.
Read the documentsย here.
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