Trump is not playing any games with the DOJ.
Former President Donald Trump has announced plans to file a $100 million lawsuit against the Justice Department, challenging the legitimacy of the August 2022 raid on his Mar-a-Lago estate in Palm Beach, Florida. Trump’s legal team contends that the raid, part of a broader federal investigation into his alleged mishandling of classified documents, was executed with a “clear intent to engage in political persecution.”
According to a memo obtained by Fox, Trump’s lawyers assert that the actions of the Justice Department constitute “tortious conduct” against the former president. The lawsuit targets the FBI’s raid on August 8, 2022, which was conducted under the oversight of Special Counsel Jack Smith. Smith subsequently charged Trump with 37 felony counts, including willful retention of national defense information and conspiracy to obstruct justice. Trump has pleaded not guilty to all charges.
Recently, U.S. District Judge Aileen Cannon dismissed Smith’s case against Trump, ruling that Smith’s appointment and funding were unconstitutional under the Appointments Clause. This ruling invalidated the foundation for the charges brought against Trump.
Trump’s attorney, Daniel Epstein, has filed a formal notice of intent to sue the Justice Department, which will have 180 days to respond. If the matter is not resolved within this period, the case will proceed to federal court in the Southern District of Florida.
Epstein argues that Trump’s lawsuit is not merely about defending the former president but also about upholding the principles of justice for all Americans. He emphasized that the actions of Attorney General Merrick Garland and FBI Director Christopher Wray were driven by political motives rather than adherence to established legal standards. According to Epstein, the raid violated protocols requiring consent from the target, disclosure to legal counsel, and engagement with the local U.S. Attorney’s Office.
Epstein’s filing critiques the DOJ and FBI for their departure from standard procedures, suggesting that the raid was an egregious breach of privacy and an attempt to undermine Trump politically. The lawsuit claims that the raid, which Epstein describes as a severe intrusion, was inconsistent with protocols designed to protect the privacy of individuals under investigation.
Additionally, Epstein highlights allegations of “malicious prosecution” and “abuse of process,” arguing that the Justice Department and the special counsel’s office pursued charges against Trump without constitutional justification. He also points out that the Supreme Court has previously established that a president is immune from prosecution for official acts, further challenging the legitimacy of the charges and subsequent search.
Epstein is seeking $100 million in punitive damages, asserting that the DOJ’s actions have caused Trump significant financial and personal harm. He contends that the raid and legal proceedings have inflicted substantial legal costs and damage to Trump’s reputation.
The lawsuit, Epstein argues, is essential not only to address alleged governmental overreach but also to safeguard the rights of all Americans against politically motivated actions by federal agencies. He describes the investigation and subsequent charges as clear instances of election interference aimed at diminishing Trump’s chances in future political endeavors.