Donald Trump, claiming to be the victim of a “political persecution,” will sue the Justice Department for $100 million in damages over a raid the FBI conducted at his Mar-a-Lago residence to recover classified documents he took from the White House, as first reported by Fox News.
Trump attorney Daniel Epstein is claiming “tortious conduct by the United States against President Trump” that 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,” according to a memo provided to Fox News.
After the raid on Mar-a-Lago, the Justice Department appointed special counsel Jack Smith to investigate the extent of Trump’s alleged wrongdoing. He ultimately charged the former president with 40 felony counts, including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty to all counts. The case was brought before Trump-appointed judge Aileen Cannon, who after more than a year of delay dismissed the case altogether on the grounds that Smith was was unlawfully appointed. Smith is appealing that decision.
As part of the pending lawsuit, Epstein alleges that the raid, approved by Attorney General Merrick Garland and FBI Director Christopher Wray, a Trump appointee, was a “clear dereliction of constitutional principles,” a departure from “established protocol” with former U.S. presidents, an unconstitutional “abuse of process” that led to legal costs and negative political consequences for Trump, and a violation of the Supreme Court’s recent decision to grant presidents immunity from crimes committed as an “official act.”
The Justice Department, which declined to comment on the lawsuit, has 180 days from the date of receipt of Epstein’s notice to respond and come to a resolution before the case is heard before a federal court.