The state of affairs begins with former President Donald Trump, who is gearing up for a legal battle against the Department of Justice. The cause of contention? A $100 million damage claim arising from an unprecedented raid on Trump’s Mar-a-Lago estate in Palm Beach, Florida, in 2022. The argument is that the raid was a clear case of ‘political persecution.’
Trump, supported by his team of legal experts, is set to challenge the Justice Department over its role in the FBI’s controversial search of Mar-a-Lago on August 8, 2022. This incident occurred during a federal inquiry into the alleged illegal retention of classified documents by Trump.
Interestingly, U.S. District Judge Aileen Cannon recently dismissed Special Counsel Jack Smith’s case against Trump. Judge Cannon’s decision was based on the assertion that Smith had been unlawfully appointed and his office improperly funded, citing the Appointments Clause of the Constitution.
Trump’s lawyer, Daniel Epstein, filed a legal notice to the Justice Department, expressing the intent to sue. The Department of Justice now has 180 days to respond and seek a resolution. If no resolution is reached, Trump’s claim will proceed to federal court in Florida’s Southern District.
Epstein told Fox Business’ Lydia Hu, ‘Trump’s stance goes beyond representing himself; he stands for all Americans who believe in the principles of law and government accountability.’
Epstein’s legal submission claims that the ‘intrusive and dreadful actions against the president were based on intrusion upon seclusion, malicious prosecution, and abuse of process stemming from the August 2022 raid.’ This raid targeted Trump and his family at their Mar-a-Lago residence.
Epstein emphasized that the actions of the Department of Justice and the FBI in relation to the raid significantly deviated from standard procedures. These procedures typically involve obtaining consent from the investigative subject, informing the individual’s legal team, and utilizing the local U.S. Attorney’s Office.
Epstein argued that Attorney General Merrick Garland and FBI Director Christopher Wray’s decisions were not grounded in ‘socio-economic and political policy’ but rather represented ‘gross negligence of constitutional principles, inconsistent standards’ with a ‘transparent intent of political persecution.’
Epstein charged that Garland and Wray deviated from conventional protocol used with past U.S. presidents. ‘They should have used non-enforcement means to obtain government records,’ Epstein stated. ‘Yet, despite the raid being completely unwarranted, Garland and Wray should have ensured their agents sought Trump’s consent, informed his lawyers, and pursued cooperation.’
He asserted that the deviation from traditional practice was a willful action intended to harm Trump. Epstein further claimed that the Department of Justice knowingly invaded Trump’s privacy by breaching Florida’s intrusion upon seclusion law.
Epstein elaborated, ‘The intrusion must be an intentional breach, either physical or otherwise, into another person’s private sphere,’ and it ‘should happen in a way deemed highly offensive by any reasonable person.’
The focus then shifts to the ‘malicious prosecution’ accusation. Epstein argued that the Justice Department and the special counsel’s office ‘orchestrated a lawless criminal indictment’ against Trump. He highlighted the immunity from prosecution for official acts, a judgment secured by previous presidents according to the Supreme Court.
Epstein pointed out that given the Supreme Court’s immunity decision and Judge Cannon dismissing the case on the grounds of the Special Counsel’s unconstitutional appointment and improper funding, there was no constitutional justification for either the search or the subsequent indictment.
In addition, Epstein claimed an ‘abuse of process,’ stating that the process used against Trump was ‘unconstitutional, politically driven, causing him prolonged legal expenses and undesired repercussions.’
Epstein contended that the ‘malicious prosecution and abuse of process have forced President Trump to bear an estimated $15 million in damage due to legal costs’ resulting from self-defense in Smith’s case before Cannon. A demand for punitive damages is also part of Epstein’s lawsuit plan.
As Epstein candidly put it, ‘Such affronts to President Trump require rather hefty punitive damages, to the tune of $100 million.’ He also mentioned that the certification accompanying the memo was signed by Trump himself, establishing Epstein as his authorized legal representative. The Department of Justice chose not to comment, while Epstein was firm that this case represented a clear instance of ‘election interference.’
Trump’s Legal Team Fires Back: Initiates $100 Million Lawsuit Against DOJ over 2022 Mar-a-Lago Raid appeared first on Real News Now.
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