Former President Donald Trump plans to sue the Justice Department and FBI for $115 million over the 2022 search of his Mar-a-Lago estate and subsequent prosecution.
According to NBC News, Trump's attorney has filed a legal notice accusing the DOJ of "malicious political prosecution" aimed at affecting the electoral outcome.
The notice, obtained by NBC News, claims that the DOJ's actions led Trump to spend tens of millions of dollars defending the case and his reputation. Trump's legal team is seeking $15 million in actual damages for legal costs and $100 million in punitive damages.
The legal filing contends that the FBI's court-approved search for classified documents at Trump's Florida estate in August 2022 was improper. It also claims that Trump's subsequent indictment for possessing sensitive classified documents was unjustified. Trump has pleaded not guilty to these charges.
Trump's attorney, Daniel Z. Epstein, a former Trump White House lawyer, argues that the search violated "well-established protocol" involving former presidents. The filing cites a Trump social media post stating that the government could have had the records "anytime they wanted" and that "All they had to do was ask."
However, the notice does not mention the multiple requests from the National Archives and the Justice Department for Trump to return the records, nor the subpoena issued in May 2022 for their return.
The notice of claim points out that U.S. District Judge Aileen Cannon dismissed the case last month. Cannon, who was nominated by Trump, ruled that Special Counsel Jack Smith's appointment and the funding for his probe were illegal. However, other federal judges have rejected similar arguments involving previous special counsels.
Smith is currently appealing Cannon's decision. The Justice Department has declined to comment on the matter. Steven Cheung, a spokesperson for Trump's campaign, stated that this action is part of Trump's fight against the "weaponized Department of Justice" and called for the immediate dismissal of the criminal case against Trump.
The filing of this lawsuit comes at a critical time for Trump, who is currently running for re-election. The legal notice was signed on August 7, one day before the two-year anniversary of the Mar-a-Lago search. This timing is significant, as there is a two-year limit for filing such claims from the date the claim accrued.
If Trump were to be elected president again in November, it remains unclear how this lawsuit would proceed. Questions arise about whether he would be able to direct the Justice Department to pay the damages he is seeking while serving as president.
Trump's legal team is seeking substantial damages in this lawsuit. The $15 million in actual damages is claimed to cover legal costs in defending against the Special Counsel proceedings. However, it's unclear how much of this money came from Trump personally, as NBC News has previously reported that Trump appeared to be using money from a political action committee for his legal fees.
The additional $100 million in punitive damages is particularly noteworthy. In a separate legal matter involving writer E. Jean Carroll, Trump's attorneys have argued that punitive damages should be limited to about four times the amount of compensatory damages. However, in this case against the DOJ, Trump is seeking punitive damages that are over six times the amount of compensatory damages.
In conclusion, Trump's planned lawsuit against the Justice Department and FBI over the Mar-a-Lago search and subsequent prosecution seeks $115 million in damages. The legal notice alleges improper search procedures and malicious prosecution. The case's dismissal by Judge Cannon and its potential impact on Trump's presidential campaign add complexity to the situation. The substantial damages sought and the timing of the lawsuit filing raises questions about its implications for both Trump's legal strategy and the ongoing political landscape.
