In response to the government’s historic raid on his Mar-a-Lago estate in Palm Beach, Florida in 2022, former President Donald Trump is expected to sue the Justice Department for $100 million in damages. His attorneys will contend that the raid was carried out with a “clear intent to engage in political persecution.”
With access to Trump’s memo, Fox News has reported on “tortious conduct by the United States against President Trump.”
The Justice Department’s actions during the FBI’s Aug. 8, 2022, raid on Mar-a-Lago will be sued by Trump and his legal team as part of the federal investigation into his purported improper retention of secret records.
Special Counsel Jack Smith was assigned to conduct an investigation following the raid. In the end, Smith filed 37 felony counts against Trump, alleging false statements, conspiracy to obstruct justice, and deliberate withholding of information related to national defense. On all counts, Trump entered a not guilty plea.
However, Smith’s lawsuit against Trump was completely dismissed by U.S. District Judge Aileen Cannon last month. Cannon used the Appointments Clause of the Constitution to declare that Smith had been improperly funded and appointed.
Daniel Epstein, Trump’s lawyer, submitted the notice of intent to sue the Department of Justice. 180 days have passed since the Justice Department received Epstein’s notice, during which time it must react and reach a decision. Trump’s case will be transferred to the Southern District of Florida federal court if a settlement cannot be reached.
According to Trump lawyer Daniel Epstein, “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,” Lydia Hu of Fox Business was informed.
Epstein’s paperwork alleges that the “tortious acts against the president are rooted in intrusion upon seclusion, malicious prosecution, and abuse of process resulting from the August 8, 2022 raid of his and his family’s home at Mar-a-Lago in Palm Beach Florida.” The choices made by the FBI and DOJ about that raid, Epstein continued, were “inconsistent with protocols requiring the consent of an investigative target, disclosure to that individual’s attorneys.”
According to Epstein, Attorney General Merrick Garland and FBI Director Christopher Wray’s decisions were based on a “clear dereliction of constitutional principles, inconsistent standards as applied to” Trump, and a “clear intent to engage in political persecution – not to advance good law enforcement practices” rather than on “social, economic, and political policy.”
“Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States,” Epstein stated. “But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation.”
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