Exclusive: Former President Donald Trump plans to sue the Department of Justice for $100 million over the government’s unprecedented 2022 raid on his Mar-a-Lago estate in Palm Beach, Florida, which his lawyers say was conducted with the “clear intent to exact political persecution.”
Fox News obtained a memo from President Trump alleging “unlawful conduct by the United States against President Trump.”
Republican presidential candidate and former president Donald Trump is surrounded by US Secret Service agents at a campaign rally. (AP Photo/Evan Vucci)
President Trump and his legal team intend to sue the Department of Justice over its actions during the FBI’s search of Mar-a-Lago on August 8, 2022, as a federal investigation into allegations of improper storage of classified documents continues.
Judge dismisses Trump’s Florida classified documents lawsuit
After the investigation, Special Counsel Jack Smith was appointed to the investigation. Smith ultimately filed 37 felony charges against Trump, including knowingly retaining national defense information, conspiracy to obstruct justice, and making false statements. Trump has pleaded not guilty to all charges.
Police wait at the entrance to Mar-a-Lago in Palm Beach as supporters of former President Donald Trump gather following an FBI raid on the president’s residence on August 9, 2022. (Nicholas Nehamas/Miami Herald/Tribune News Service via Getty Images)
But last month, U.S. District Judge Eileen Cannon dismissed Smith’s lawsuit against Trump in its entirety, citing the Appointments Clause of the Constitution and ruling that Smith was illegally appointed and funded.
Trump’s lawyer, Daniel Epstein, has filed a notice of intent to sue the Department of Justice, which has 180 days from the date of receipt of Epstein’s notice to respond and find a resolution. If no resolution is found, Trump’s lawsuit will be moved to federal court in the Southern District of Florida.
“What President Trump is doing here is not just standing up for himself. He’s standing up for all Americans who believe in the rule of law and who believe that they should hold their government accountable when they’ve been wronged,” Trump lawyer Daniel Epstein told Fox Business’ Lydia Hu.
Former President Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida. (Charles Traynor Jr./Miami Herald/Tribune News Service via Getty Images)
“The misconduct against the President arises from the invasion of privacy, malicious prosecution, and abuses of process that arose from the search of Epstein and his family’s home at Mar-a-Lago in Palm Beach, Florida on August 8, 2022,” Epstein’s complaint states. Epstein added that the Justice Department and FBI’s decision to conduct the search “contradicts procedures that require the consent of those investigated, disclosure to those individuals’ legal counsel, and the use of the local U.S. Attorney’s Office.”
Epstein argues that Attorney General Merrick Garland and FBI Director Christopher Wray’s decisions were based not on “social, economic or political policy” but on “a clear disregard for constitutional principles, inconsistent standards applied to Trump” and a “clear intent to engage in political persecution rather than promote appropriate law enforcement practice.”
Attorney General Merrick Garland spoke to reporters during a news conference at the Department of Justice in Washington, Dec. 6, 2023, as Homeland Security Secretary Alejandro Mayorkas (right) looked on. (AP Photo/Mark Schiefelbein)
“Mr. Garland and Mr. Wray should never have authorized the search and subsequent indictment of President Trump because established protocol with a former president of the United States is to use non-enforcement means to obtain U.S. records,” Epstein wrote. “But despite the fact that the search should never have taken place, Mr. Garland and Mr. Wray should have ensured that their agents sought consent from President Trump, notified his lawyers, and sought their cooperation.”
Epstein added that “Mr. Garland and Mr. Wray decided to deviate from established procedures in order to undermine President Trump.”
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Epstein alleged that the Justice Department violated Florida law’s trespass law, which is considered a form of privacy invasion, which involves “the intentional intrusion, physical or otherwise, into the personal space of another person, and the intrusion must be made in a manner that would be highly offensive to a reasonable person.”
FBI Director Christopher Wray listens during a press conference at the Department of Justice in Washington, DC on January 27, 2023. (AP Photo/Carolyn Custer)
“The FBI’s conduct was inconsistent with procedures used in a routine search of a subject premises,” Epstein wrote, adding that Trump “had a clear expectation of privacy at Mar-a-Lago. Worse, the FBI’s conduct during the search violated established procedures and constituted a severe and unacceptable intrusion that any reasonable person would find highly offensive.”
Epstein next alleged “malicious prosecution.” He wrote that the Department of Justice and the Office of Special Counsel “brought lawless criminal charges” against Trump. Epstein pointed to Supreme Court rulings that say the president has immunity from prosecution for official conduct.
Special Counsel Jack Smith speaks about the recently unsealed indictment containing four felony counts against former President Donald Trump at the Department of Justice in Washington, D.C., on August 1, 2023. Trump was charged with four felony counts for attempting to overturn the results of the 2020 election. (Alex Wong/Getty Images)
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“Thus, given the Supreme Court’s immunity decision and Judge Cannon’s dismissal of the prosecution on the grounds that the special counsel’s appointment violated the Appointments Clause and that the office was improperly budgeted, there was no constitutional basis for the search or subsequent prosecution,” Epstein wrote.
Republican presidential candidate and former President Donald Trump speaks at a rally at Montana State University’s Brick Breedon Fieldhouse on August 9, 2024 in Bozeman, Montana. (Michael Ciaglo/Getty Images)
Epstein also alleged an “abuse of process” and said the process used against Trump was “unconstitutional and designed to politically persecute the former president, resulting in significant legal costs and adverse consequences for Mr. Trump.”
Epstein also alleged that as a result of the Department of Justice’s “malicious prosecution and abuse of process, upon information and belief, President Trump has suffered actual damages in the amount of $15 million in legal costs in defending himself in the Smith lawsuit before Cannon.”
Epstein also plans to sue for punitive damages.
“For these injuries to President Trump, Defendants must pay $100 million in punitive damages,” Epstein wrote.
The memo includes a certification signed by President Trump stating that Epstein is his legal representative for the purposes of notifying the Department of Justice.
The Justice Department declined to comment.
“There is clear evidence that the FBI did not follow procedure, and failure to follow procedure indicates an improper purpose,” Epstein told Fox Business. “If the government can say that because it doesn’t like someone it’s OK to search their home, it’s OK to invade their privacy, it’s OK to violate procedure when it decides to prosecute, and it’s OK to use that process to advance personal motives rather than motives of justice, then the government has the power to trample on all Americans if someone publicly disagrees and refuses to secure and protect their rights.”
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Epstein added that the case was a “very precise and precise election interference case.”
“The entire special counsel investigation was aimed at impeding his ability to get elected,” Epstein said.
