Former President Donald Trump is gearing up for a legal battle with the Justice Department and the FBI, as his attorney, Daniel Z. Epstein, announced plans to sue for $115 million. The lawsuit alleges “malicious political prosecution” and “abuse of process” on the part of the DOJ and special counsel Jack Smith. Trump’s defense claims that the prosecution was aimed at influencing the outcome of the 2020 election to prevent his re-election.
The legal notice filed by Trump’s attorney criticizes the FBI’s search for classified documents at Trump’s Mar-a-Lago estate in August 2022 as improper. The subsequent indictment of Trump for possessing sensitive classified documents found during the search has led to a plea of not guilty from the former president. The filing argues that the search violated established protocol for former presidents and cites Trump’s social media post suggesting the government could have obtained the records through a simple request.
Furthermore, the notice of claim asserts that the DOJ’s actions were “unconstitutional” and that Smith’s indictment resulting from the search was lawless. While the case was dismissed by U.S. District Judge Aileen Cannon, who was nominated by Trump, Smith is appealing the decision. The legal battle raises questions about the legality of the special counsel’s appointment and funding, as well as the potential impact on the unity of the nation.
The filing also mentions Trump’s request for $15 million in actual damages to cover legal costs incurred during the Special Counsel proceedings in the Southern District of Florida, with an additional $100 million sought in punitive damages. The source of the funds used for Trump’s legal fees remains unclear, as reports suggest he may have utilized money from a political action committee. The sought damages far exceed the compensatory amounts typically awarded in defamation cases, raising concerns about the financial implications of the lawsuit.
As the legal process unfolds, the implications of Trump’s lawsuit on the relationship between the executive branch and the Justice Department remain uncertain. The potential outcomes of the legal battle, including the impact on future presidential powers and government accountability, are likely to attract significant attention and debate. The lawsuit serves as a reminder of the complex legal challenges facing former presidents and the broader implications for the rule of law in the United States.