According to America First Legal's senior counselor and director of oversight and investigations Reed D. Rubinstein, the evidence indicates that Biden officials in the Executive Office of the President and the Department of Justice were involved in the raid despite initially claiming to be "stunned" by the news on social media.
Rubinstein expressed concern over the government's apparent disregard for checks and balances by leveraging its power to target and silence political opponents.
April 12, 2023
"The evidence further suggests that Biden officials in the Executive Office of the President and the Department of Justice unlawfully abused their power and then lied about it to the American people" Rubinstein commented.
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A Freedom of Information Act request filed by America First Legal disclosed that the Federal Bureau of Investigation was granted access to Trump records through a "special access request" from the Biden White House, despite the Archives' previous claim of non-involvement in the DOJ investigation.
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It was also discovered that John Laster, the official responsible for administering all access requests for Presidential records at the National Archives and Records Administration (NARA), was involved in the request, contrary to the Archives' earlier statements.
America First Legal cited that the special access statute only allows access to Presidential records when required for 'the conduct of current business' of the White House, and that providing documents to the DOJ for the purpose of a criminal investigation does not fall under this provision.
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According to America First Legal, "On October 25, 2022, Acting Archivist Wall wrote to then-Ranking Members James Comer and Jim Jordan, claiming ‘NARA received the 15 boxes from President Trump on January 18, 2022, and then discovered that they contained classified national security information.
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Shortly after the discovery, NARA consulted with its Office of Inspector General (OIG), which operates independently of NARA. As DOJ has disclosed publicly in court filings, NARA’s OIG subsequently referred the matter to DOJ on February 9, 2022.”
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An August letter from NARA acting head Debra Wall to Trump attorney Evan Corcoran alluded to President Biden's involvement in the raid. NARA had informed the Department of Justice about the discovery of the records, prompting the Department to request the President to grant the FBI access to the boxes instead of invoking executive privilege.
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Wall stated that President Biden deferred to her determination on whether or not to uphold the former President's purported "protective assertion of executive privilege," in consultation with the Assistant Attorney General for the Office of Legal Counsel.
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