Trump Suing DOJ Over Mar-a-Lago Search

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Facts

  • Former US Pres. Donald Trump is preparing to sue the Department of Justice (DOJ) for $100M over the FBI's search of his Mar-a-Lago estate in Florida, which was part of the government's case over Trump's handling of classified documents.[1]
  • A legal memo submitted by Trump attorney Daniel Epstein claims the DOJ and FBI are guilty of 'tortious' acts against the former president that 'are rooted in intrusion upon seclusion, malicious prosecution, and abuse of process.'[2]
  • Epstein also claims special counsel Jack Smith's indictment was 'lawless' and the DOJ's process was 'unconstitutional.' Besides the $100M in punitive damages, Trump could seek $15M to cover his legal fees spent on defending himself during the probe.[3]
  • During the August 2022 raid, the FBI said it collected over 100 classified documents, leading to a 37-count indictment.[4]
  • In July, federal district court judge Aileen Cannon ruled that Smith's appointment as special prosecutor violated the Constitution's 'Appointments Clause' when she threw out the case. Smith subsequently appealed Cannon's decision.[5][6]
  • Although the DOJ isn't required to respond to the memo, if it doesn't reply with a 'final disposition' within six months of the day it was sent, Trump's legal team can treat it as a denial and file an official lawsuit.[3]

Sources: [1]Business Insider, [2]FOX News, [3]CNBC, [4]New York Post, [5]Verity and [6]CNN.

Narratives

  • Pro-Trump narrative, as provided by Federalist and FOX News. It's difficult to sue the US government, but at least Trump's actions will once again shine a spotlight on the authoritarianism of the Biden DOJ. Trump has been facing politically motivated charges for years but none have legitimately stuck to him except in the Biden-friendly media. It's time for Trump to strike back.
  • Anti-Trump narrative, as provided by The Daily Beast. Trump knows this is a far-fetched legal claim, and he'll probably never actually file the suit — he'll just use the appearance of one to fundraise and continue his false accusations about being politically persecuted. Despite Cannon's actions, legal scholars consider this case the most damning against the former president and it's not done yet.

Predictions