In June Jack Smith indicted Trump on 37 federal counts for storing classified documents at his Mar-a-Lago residence.

Trump was charged in a federal court in Florida with 31 counts of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.

In July Jack Smith hit Trump with 3 additional charges in a superseding indictment in the investigation into classified documents stored at Mar-a-Lago.

Last week AFL filed a FOIA request against the Defense Department for more information on a secretive committee created by Barack Obama

In 2014 Obama created the secretive Presidential Information Technology Committee (PITC) after Russian hackers breached the Executive Office of the President's network.

"Special Counsel Jack Smith's indictment against former President Trump, claims "Trump was not authorized to possess or retain…classified documents." But Obama's PITC memo may have created a reasonable belief in President Trump that he, in fact, had such authority," America First Legal said.

"Unlocking this secret of the Obama presidency is not only important for public transparency, it has clear implications for whether the government may have failed to disclose necessary information to the defendant as part of its prosecution of former President Trump – and this information may significantly affect the evidentiary support relied upon in indicting and continuing to prosecute a former President. The American people deserve to know the truth behind this secretive memo and how it has been used," said America First Legal's Dr. Dan Epstein.