Donald Trump's lawyers file $100M lawsuit against DoJ for Mar-a-Lago raid, Internet calls it 'frivolous'

PALM BEACH, FLORIDA: Lawyers for former president Donald Trump are preparing a $100 million lawsuit against the Department of Justice, claiming that the government's historic Mar-a-Lago property raid in Palm Beach, Florida, in 2022 was carried out with the "clear intent to engage in political persecution."

The 77-year-old's memo has been obtained which claimed "tortious conduct by the United States against President Trump." 

Donald Trump and his legal team intend to sue the Department of Justice for its conduct during FBI’s raid 

In the midst of the federal investigation into his alleged improper retention of secret records, Donald Trump and his legal team plan to sue the Department of Justice for its action during the FBI's raid on Mar-a-Lago on August 8, 2022.

Special Counsel Jack Smith was assigned to conduct an investigation following the raid. In the end, Smith filed 37 felony counts against Trump, alleging false statements, conspiracy to obstruct justice, and deliberate withholding of information related to national defense. Trump entered a not guilty plea on all counts. 

District Judge Aileen Cannon dismissed Jack Smith’s case against Donald Trump

However, Jack Smith's lawsuit against Donald Trump was completely dismissed by District Judge Aileen Cannon last month. Cannon used the Appointments Clause of the Constitution to declare that Smith had been improperly funded and appointed.

Donald Trump's attorney Daniel Epstein filed notice to sue Department of Justice

Daniel Epstein, a lawyer for Donald Trump, submitted the notice of intent to sue the Department of Justice. Three months have passed since the DoJ received Epstein's notice, during which time it must react and reach a decision. Trump's case will be transferred to the Southern District of Florida federal court if a settlement cannot be reached.

"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," Trump's attorney Daniel Epstein told Fox News' Lydia Hu. 

What does Daniel Epstein's filing state?

Daniel Epstein's filing states that the "tortious acts against the president are rooted in intrusion upon seclusion, 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."

He added that the decisions made by the DOJ and FBI regarding that raid were "inconsistent with protocols requiring the consent of an investigative target, disclosure to that individual’s attorneys, and the use of the local US Attorney’s Office." 

Epstein argues the decisions made by Attorney General Merrick Garland and FBI Director Christopher Wray were not grounded in "social, economic, and political policy" but instead, in "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." 

"Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former US presidents is to use non-enforcement means to obtain records of the United States," Epstein wrote, adding "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."

Epstein continued, "Garland and Wray decided to stray from established protocol to injure President Trump." 

Daniel Epstein argued that the DOJ violated Florida law

Daniel Epstein claimed that the DOJ had broken a Florida law pertaining to trespass upon seclusion, which is acknowledged as a type of privacy invasion. Intrusion upon seclusion includes "an intentional intrusion, physically or otherwise, into the private quarters of another person" and the intrusion "must occur in a manner that a reasonable person would find highly offensive." 

"The FBI’s demonstrated activity was inconsistent with protocols used in routine searches of an investigative target’s premises," Epstein wrote, adding that Trump "had a clear expectation of privacy at Mar-a-Lago. Worse, the FBI’s conduct in the raid – where established protocol was violated – constitutes a severe and unacceptable intrusion that is highly offensive to a reasonable person."

Daniel Epstein argued 'malicious prosecution'

Daniel Epstein then made the case for "malicious prosecution." In his letter, he said that Donald Trump had been "brought a lawless criminal indictment" by the Justice Department and the special counsel's office. Epstein cited the Supreme Court's decision that a president is not subject to punishment for actions taken while in office.

"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 wrote. 

Epstein also argued there was an "abuse of process," saying the process used against Trump was "unconstitutional and aimed at politically persecuting the former President, which led to extensive legal costs and negative consequences for him." 

Epstein also said the DOJ’s "malicious prosecution and abuse of process cause President Trump to incur, upon information and belief, $15 million in actual harm due to his legal costs" in defending himself in Smith’s case before Cannon. 

Daniel Epstein is planning to sue for punitive damages

Daniel Epstein intends to file a punitive damages lawsuit as well. "For these harms to President Trump, the respondents must pay punitive damages of $100 million," Epstein wrote. A certified copy of Trump attesting to Epstein's legal representation of him for the notification to the Justice Department is attached to the document.

"You have clear evidence that the FBI failed to follow protocols, and the failure to follow protocols shows that there was an improper purpose," Epstein told Fox Business.

He added, "If the government is able to say, well, we don't like someone, we can raid their home, we can violate their privacy, we can breach protocols when we decide to prosecute them, we can use the process to advance our personal motive--not a motive of justice--if someone doesn't stand against that in a very public way and seek to obtain and protect their rights, then the government will have a mandate to roughshod over every American." 

Internet says Donald Trump filed the 'most frivolous' lawsuit 

Netizens deried the former president after he prepared a $100 million lawsuit against the Justice Department for the government's Mar-a-Lago property raid in Florida in 2022. One X user tweeted, "Of all the frivolous lawsuits Donald has filed, this is the most frivolous. What a whiny little b***h." 

Another added, "The old man is losing it.Thanks DonOld! For taking the whole GOP down with you!" "This will be interesting. Our government hates Donald Trump, but he is a US president. He would have more power where he had democrat, but he still wields some pretty big power," opined one. 

"Lawsuits, what he does... just a waste of taxpayer funds, when he loses he should have to reimburse us!" remarked someone else. 

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