Politics
JUST IN: Trump Turns The Tables, Will Sue DOJ For $100M Over Mar-A-Lago Raid
Former President Donald Trump has laid the groundwork to launch a devastating lawsuit against the federal government and accuse the Justice Department of “political persecution” over its unprecedented August 2022 raid on Mar-a-Lago.
In a memo obtained by Fox News, attorneys for the Republican leader allege “tortious conduct by the United States against President Trump” resulting in 37 felony counts brought by special counsel Jack Smith. Trump pleaded not guilty to mishandling classified documents and maintained that any found in his possession during the raid were declassified under the Presidential Records Act. Charges included willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump attorney Daniel Epstein filed the notice to sue the Justice Department which now has 180 days to file its own motion and seek a resolution; if none is reached, the case could come before the U.S. Court for the Southern District of Florida.
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“What President Trump is doing here is not just standing up for himself – he is standing up for all Americans who believe in the rule of law and believe that you should hold the government accountable when it wrongs you,” Epstein told Fox Business’ Lydia Hu.
The ground shifted beneath Smith’s feet last month when Florida U.S. District Judge Aileen Cannon dismissed the entire case in light of the Supreme Court’s historic decision granting presidents total immunity from official acts taken while in office. However, the decision to dismiss was based instead on a successful argument by the defense that Smith was unlawfully appointed, agreeing with citations that backed up how vague the authority of special counsel appointments has been for decades. In her decision, Judge Cannon wrote, “Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.” She added that Smith’s use of a “permanent indefinite appropriate also violates the Appropriations Clause” but that “the Court need not address the proper remedy for the funding violation given the dismissal on Appointments Clause grounds.”
In a boon for Trump’s attorneys, Judge Cannon earlier this summer ordered a series of repeals of redactions to evidence as part of the case, some of which showed that the Justice Department conspired with the U.S. National Archives (NARA) as it prepared for the raid. Attorneys for President Trump were left out of the discussions, a clear break from historical precedent noted by a NARA representative who participated in the scheme. If true, it could further bolster Epstein’s allegation that the Justice Department unfairly targeted President Trump before the raid and treated the collection of documents outside of its normal processes. “One of Biden’s top WH lawyers conspired with NARA atty Stern to circumvent laws related to notification of holder of records (Trump) under Presidential Records Act. Now this is a legit criminal conspiracy…” Julie Kelly, a conservative investigative reporter, wrote on X at the time.
President Trump has also made hay out of revelations that the FBI authorized the deadly use of force during the raid and used the news as a rallying cry for his base several months before the attempted assassination against him. U.S. Attorney General Merrick Garland and representatives from the FBI have justified the authorization as the standard operative procedure for all raids conducted by agents in the field.
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