Donald Trump is planning to sue the Biden-Harris administration’s Department of Justice (DOJ) for $100 million in damages, citing the agency’s 2022 raid on Mar-a-Lago in Palm Beach, Florida. Trump’s legal team argues that the raid was an act of “political persecution” and criticizes Special Counsel Jack Smith for a “lawless criminal indictment.”
According to Fox News, a document from Trump’s camp alleges that the DOJ committed “tortious conduct” against the former president. This legal action by Trump follows the case of his alleged improper retention of classified records, which is also overseen by Special Counsel Smith. The lawsuit claims that Smith brought a baseless criminal indictment against Trump.
Last month, U.S. District Judge Aileen Cannon dismissed Smith’s case against Trump. She ruled that Smith was unlawfully appointed to oversee the case, referencing the Constitution’s Appointments Clause.
Trump’s attorney, Daniel Epstein, told Fox Business, “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 filed the notice to sue the DOJ, which has 180 days to respond with a resolution. If a resolution is not reached within this period, the case will advance to a federal court in Florida.
Epstein criticizes the decisions made by Attorney General Merrick Garland and FBI Director Christopher Wray, describing them as a “clear dereliction of constitutional principles” and accusing them of “inconsistent standards” applied to Trump. He also claims that these actions show “a clear intent to engage in political persecution.”
The legal filing outlines Trump’s claim for “tortious acts against the president,” which includes allegations of intrusion upon seclusion, malicious prosecution, and abuse of process resulting from the August 8, 2022, raid on his Mar-a-Lago residence. Epstein further contends that the DOJ and FBI’s actions were “inconsistent with protocols requiring the consent of an investigative target, disclosure to that individual’s attorneys, and the use of the local U.S. Attorney’s Office.”
Epstein asserts that due to the harm caused to President Trump, the DOJ and FBI should be liable for punitive damages totaling $100 million. The DOJ has declined to comment on the matter when contacted by the media outlet.