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Trump Claims ‘Unacceptable Intrusion’ in Notice to Sue DOJ for $100M

Former President Donald Trump has announced his intention to file a lawsuit against the Department of Justice (DOJ) seeking $100 million in damages. This action is in response to the FBI’s raid on his Mar-a-Lago estate in Florida, which took place in August 2022.

In a recently submitted notice of claim, Trump’s attorney, Daniel Epstein, contended that the FBI’s actions during the raid were unconstitutional. He described the intrusion as “severe and unacceptable,” which ultimately led to what he termed a “lawless criminal indictment” against Trump.

The legal memorandum gathered by Business Insider claims that the actions taken against Trump amounted to unlawful intrusion upon his privacy, malicious prosecution, and abuse of legal processes stemming from the raid on his Palm Beach residence.

According to the notice, the conduct displayed by the FBI did not align with the standard protocols followed in searches of other investigative targets. Epstein emphasized that Trump had a legitimate expectation of privacy at Mar-a-Lago, referring to it as a personal residence for him and his family.

The attorney further asserted that the FBI’s behavior during the raid was a significant violation of protocol that would be considered highly offensive to an average person. The DOJ did not provide any comment regarding the notice of claim when approached by Business Insider. The department has a six-month window to respond to the claims made.

The FBI’s raid resulted in the recovery of numerous government records as part of an investigation into how Trump managed classified documents from his time in the White House. Following the raid, Special Counsel Jack Smith was appointed by Attorney General Merrick Garland to lead the inquiry, eventually resulting in a 37-count indictment against Trump for his handling of sensitive records.

Last month, the charges against Trump were dismissed by a Florida judge. US District Judge Aileen Cannon, who was appointed by Trump, determined that the DOJ’s selection of Smith to prosecute the case breached the Appointments Clause of the US Constitution.

In her ruling, Cannon noted that for over 18 months, the investigations conducted by Smith had been financed with federal funds without proper authorization. She added that attempting to “rewrite history” in this matter would be nearly impossible.

In the notice of claim, Trump’s legal team claimed that Garland, Smith, and FBI Director Christopher Wray had targeted Trump with malicious intent, alleging that their actions were politically motivated with the aim of influencing electoral outcomes to thwart Trump’s re-election efforts.

The notice argued that this so-called malicious prosecution forced Trump to spend tens of millions of dollars to defend himself and protect his reputation. Trump’s campaign spokesman, Steven Cheung, released a statement asserting that Trump, now the Republican presidential nominee, continues to combat what he termed “blatant Election Interference” orchestrated by Vice President Kamala Harris and President Joe Biden’s “weaponized Department of Justice.”

Cheung emphasized that the memo’s claims illustrate that the Mar-a-Lago raid was both illegal and unconstitutional. He referred to the investigations as “Democrat Witch Hunts” that are failing and should be dismissed to restore unity within the nation.

Source: Business Insider