The DOJ is being sued by Trump for $100M over the Mar-a-Lago raid, with allegations of "political persecution."
Trump attorney claims that the "unconstitutional" raid should never have been approved by Garland and Wray.
The Justice Department is facing a $100 million lawsuit from former President Donald Trump over the 2022 raid on his Mar-a-Lago property in Palm Beach, Florida, with lawyers alleging that it was politically motivated.
Trump's memo accusing the US of "tortious conduct" has been obtained by Planet Chronicle.
Trump and his legal team plan to file a lawsuit against the Justice Department for its actions during the FBI's search of Mar-a-Lago on August 8, 2022, as part of the ongoing investigation into his alleged mishandling of classified information.
Following the raid, Special Counsel Jack Smith was appointed to investigate. Smith eventually filed 37 felony charges against Trump, including obstruction of justice, false statements, and willful retention of national defense information. Trump pleaded not guilty to all charges.
Last month, U.S. District Judge Aileen Cannon ruled that Smith's case against Trump was unlawful, stating that Smith was illegally appointed and funded, based on the Appointments Clause in the Constitution.
Daniel Epstein, Trump's attorney, filed a notice to sue the Justice Department. The Justice Department has 180 days from the date of receipt to respond and resolve the matter. If no resolution is reached, Trump's case will proceed to federal court in the Southern District of Florida.
Epstein's filing claims that the "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" are the basis for his tortious acts against the president. He also stated that the DOJ and FBI's decisions regarding the raid 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.
According to Epstein, the actions of Attorney General Merrick Garland and FBI Director Christopher Wray were not based on "social, economic, and political policy" but rather on a "clear dereliction of constitutional principles, inconsistent standards as applied to" Trump and a "clear intent to engage in political persecution – not to advance good law enforcement practices."
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Garland and Wray deviated from standard procedures to harm President Trump, as Epstein stated.
Florida law, intrusion upon seclusion, was violated by Epstein, who argued that the DOJ engaged in an intentional intrusion into the private quarters of another person, which must be highly offensive.
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Trump's legal team, led by Epstein, argued "malicious prosecution" and claimed that the Justice Department and the special counsel's office "brought a lawless criminal indictment" against him. Epstein cited the Supreme Court's ruling that a president has immunity from prosecution for official acts in his defense.
Due to the Supreme Court's ruling on immunity and Judge Cannon's decision to dismiss the prosecution because of the Special Counsel's appointment violation and improper funding, there was no legal justification for the search and subsequent indictment, according to Epstein.
Epstein is also planning to sue for punitive damages.
The respondents must pay punitive damages of $100 million for the harms inflicted on President Trump, according to Epstein.
A certification signed by Trump confirms Epstein as his legal representative for the notice to the Justice Department.
The Justice Department declined to comment.
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Epstein stated that the case is a highly accurate and precise example of election interference.
politics
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