On Monday, Trump's legal team announced that it would be moving forward with a $100 million lawsuit against the Department of Justice over the 2022 FBI raid at Trump's private Mar-a-Lago residence in Palm Beach, Florida. The classified documents case that developed from the raid was recently dismissed by Judge Aileen Cannon, prompting Trump's attorneys to argue that the FBI raid was a "clear intent to engage in political persecution."
A memo outlining the lawsuit, obtained by Fox News, argues that the United States engaged in "tortious conduct...against President Trump." Following the raid on Trump's residence on August 8, 2022, special counsel Jack Smith brought 37 felony charges against the 45th president, including false statements, conspiracy to obstruct justice, and willful retention of national defense information.
Despite Smith's best efforts to get Trump in front of a jury, however, U.S. District Judge Aileen Cannon dismissed the case last month on the grounds that Attorney General Merrick Garland did not properly appoint the special counsel. Following these developments, Trump's lawyer, Daniel Epstein, filed a notice to sue the DOJ on Monday, giving the law enforcement agency 180 days to respond.
"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 explained to Fox. The lawsuit memo argues that the DOJ's behavior was "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."
The memo then takes aim at Attorney General Merrick Garland and FBI Director Christopher Wray, arguing that they applied a "inconsistent standard" towards Trump with a "clear intent to engage in political persecution – not to advance good law enforcement practices."
"Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States. But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation," Trump's lawyer continued. "Garland and Wray decided to stray from established protocol to injure President Trump."
The lawsuit is also expected to concentrate on the unconstitutional nature of Jack Smith's appointment and, thus, the unconstitutional raid against President Trump. "As such, given the Supreme Court's immunity decision and Judge Cannon's dismissal of the prosecution on grounds that the Special Counsel's appointment violated the appointments clause and his office was funded through an improper appropriation, there was no constitutional basis for the search or the subsequent indictment," Epstein explains.
Given these various grievances, Trump's legal team is seeking $100 million in punitive damages and $15 million to cover the various legal fees Trump incurred to defend the case.
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- Article Source:
DC Enquirer
- Photo: Chip Somodevilla/Getty Images
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2024-08-12T11:09-0400 | Comment by: LMB
The DOJ/FBI became fully corrupted when Obamie took office!! He instigated a Purge of all agencies that had any conservatives in their ranks!! He also purged those who had a record of voting Republican!! By the time Trump got into office, it was clearly Socialist Dem-o-rats running the show behind the curtains!! The people that were in his cabinet were all promoted by closet leftists!! Trump had little chance to get his policies through Congress with the RINOs smiling and stabbing him the back!!