Trump to Sue DOJ for $100M Over Mar-a-Lago Raid After Case Dismissed

Former President Donald Trump is preparing to file a lawsuit against the U.S. Department of Justice (DOJ) seeking $100 million in damages in response to a raid on his Mar-a-Lago estate in 2022. This legal action follows the recent overturning of his classified documents case.

The FBI executed a search warrant at Trump’s Palm Beach property on August 8, 2022, retrieving hundreds of pages of classified documents from his presidency. In connection with this, Special Counsel Jack Smith indicted Trump on 37 felony charges, to which Trump has pleaded not guilty.

Trump’s legal team contends that the DOJ’s raid was motivated by “clear intent to engage in political persecution.” A memo obtained by Fox News outlines their argument, labeling the actions of the U.S. government as “tortious conduct” against Trump. The suit cites claims of intrusion upon seclusion, malicious prosecution, and abuse of process related to the raid.

The lawsuit names Attorney General Merrick Garland and FBI Director Christopher Wray, accusing them of orchestrating a “malicious prosecution.” Trump has frequently accused President Joe Biden of being behind this “witch-hunt,” with Garland operating under Biden’s direction.

Trump’s attorney, Daniel Epstein, criticized Garland and Wray for approving the raid and subsequent indictment. Epstein argues that established protocols for former presidents suggest a non-enforcement approach should have been taken to retrieve any documents. He insists that the DOJ should have sought Trump’s consent and, at the very least, informed his legal team prior to the raid.

The lawsuit, filed on Monday, requires the DOJ to respond within 180 days. Should no settlement be reached, the case would then proceed to federal court in the Southern District of Florida.

“What President Trump is doing here is not just standing up for himself – he is standing up for all Americans who believe in the rule of law and believe that you should hold the government accountable when it wrongs you,” Epstein stated in an interview with Fox Business.

This development follows a significant ruling from U.S. District Judge Aileen Cannon, who granted Trump’s request to dismiss Smith’s federal case on July 15. Cannon ruled that the appointment and funding of Smith were unlawful, referencing constitutional provisions that uphold Congress’s role in these matters, thereby leading to the dismissal of the classified documents case.

In a recent NBC News interview, an incensed Garland criticized Cannon’s ruling, suggesting it displayed a lack of understanding of the law. Meanwhile, the Supreme Court clarified last month that presidents enjoy absolute immunity for actions taken while in office, provided these actions fall under their core responsibilities.

Epstein utilized both the Supreme Court ruling and Cannon’s decision to argue there was no constitutional justification for the search or the subsequent indictment in his memo. He highlighted that in May, prosecutors had presented evidence indicating that Trump had intentionally hidden national security documents and sought to conceal them from the DOJ when officials attempted to recover them.

Judge Beryl Howell authored an 87-page opinion pointing out the lack of explanation regarding how Trump allegedly overlooked classified documents found in his own bedroom at Mar-a-Lago. Following the release of this opinion, Trump claimed that FBI agents had been authorized to use “deadly force” during what he described as an “unconstitutional” raid. The FBI, however, maintained that their agents adhered to standard procedures throughout the operation.

As this saga continues to unfold, the implications for Trump’s political career and the broader legal landscape remain to be seen. Trump’s lawsuit is positioned as a bold move against the government, asserting that the former president and American citizens deserve recourse when the government allegedly oversteps its authority.

Source: The Independent