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Donald Trump’s $100 Million Lawsuit Against DOJ: A Battle Over Political Persecution


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Former President Donald Trump is preparing to launch a $100 million lawsuit against the U.S. Department of Justice (DOJ), alleging political persecution in response to the 2022 raid on his Mar-a-Lago estate in Palm Beach, Florida. This unprecedented legal action, centered around what Trump and his legal team argue was a politically motivated attack, seeks to hold the government accountable for what they claim were egregious violations of constitutional principles.

 

The raid, which took place on August 8, 2022, was part of a federal investigation into Trump’s alleged mishandling of classified documents. The FBI's actions during the raid and the subsequent investigation led by Special Counsel Jack Smith have become the focal point of Trump’s legal battle. Smith eventually charged Trump with 37 felony counts, including willful retention of national defense information, conspiracy to obstruct justice, and making false statements. Trump has denied all charges, pleading not guilty across the board.

 

The legal proceedings took a significant turn when U.S. District Judge Aileen Cannon dismissed Smith’s case against Trump. Judge Cannon’s ruling was based on the claim that Smith's appointment and funding violated the Constitution’s Appointments Clause. This decision has provided Trump with a pivotal legal victory and a foundation for his forthcoming lawsuit against the DOJ.

 

Trump's attorney, Daniel Epstein, has taken the lead in this high-stakes legal maneuver, filing a notice of intent to sue the DOJ. According to Epstein, the DOJ has 180 days to respond to this notice and potentially reach a resolution. Should the DOJ fail to resolve the matter within this timeframe, Trump’s lawsuit will advance to federal court in the Southern District of Florida.

 

Epstein argues that Trump’s lawsuit is not solely about his personal grievances but is also a stand for the rule of law. As he stated in an interview with Fox Business, “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’s notice to the DOJ outlines what he describes as “tortious acts” committed against Trump, including “intrusion upon seclusion, malicious prosecution, and abuse of process” during the Mar-a-Lago raid.

 

Epstein’s filing contends that the decisions made by Attorney General Merrick Garland and FBI Director Christopher Wray were not motivated by legitimate law enforcement practices but by a “clear intent to engage in political persecution.” He argues that their actions represented a gross departure from established protocols, which typically require the consent of an investigative target, disclosure to their legal representatives, and the involvement of the local U.S. Attorney’s Office.

 

In his detailed argument, Epstein accuses Garland and Wray of disregarding well-established practices for handling former U.S. presidents. He claims that their decision to authorize the raid and subsequent indictment of Trump was not rooted in “social, economic, and political policy” but was instead a deliberate effort to politically target Trump. “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,” Epstein wrote. He further emphasized that, even if the raid were justified, it should have been conducted with Trump’s consent and his legal team’s involvement.

 

Epstein also highlights a specific violation of Florida law, namely, intrusion upon seclusion, which is recognized as a form of invasion of privacy. This legal concept involves “an intentional intrusion, physically or otherwise, into the private quarters of another person” in a manner that “a reasonable person would find highly offensive.” According to Epstein, Trump had a “clear expectation of privacy” at Mar-a-Lago, and the FBI’s actions during the raid constituted a severe breach of this expectation. “The FBI’s demonstrated activity was inconsistent with protocols used in routine searches of an investigative target’s premises,” Epstein wrote, arguing that the raid was “highly offensive to a reasonable person.”

 

The lawsuit also accuses the DOJ of “malicious prosecution,” claiming that the criminal indictment brought against Trump was “lawless” and lacked a constitutional basis. Epstein referenced a Supreme Court ruling that grants presidents immunity from prosecution for official acts, further bolstering the argument that the charges against Trump were unconstitutional. He pointed to Judge Cannon’s dismissal of the case as evidence that the special counsel’s appointment and the subsequent indictment were unlawful.

 

Additionally, Epstein alleges “abuse of process,” arguing that the legal process employed against Trump was unconstitutional and intended to politically persecute him. He claims that this persecution led to significant legal costs and other adverse consequences for Trump. Specifically, Epstein asserts that the DOJ’s actions resulted in $15 million in actual damages for Trump, citing the extensive legal costs incurred in defending against Smith’s case before Judge Cannon.

 

In light of these alleged harms, Epstein is seeking $100 million in punitive damages from the DOJ. He argues that such damages are necessary to hold the government accountable for its actions and to prevent similar abuses in the future. “For these harms to President Trump, the respondents must pay punitive damages of $100 million,” Epstein wrote in the memo.

The memo also includes a certification signed by Trump, designating Epstein as his legal representative in this matter. The DOJ, for its part, has declined to comment on the lawsuit.

 

In a statement to Fox Business, Epstein emphasized the gravity of the situation, asserting that the government’s actions represent a dangerous precedent. “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 said. He warned that if the government is allowed to act with impunity in this manner, it could lead to a dangerous erosion of citizens’ rights. “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.”

 

Epstein also framed the lawsuit as a case of election interference, claiming that the special counsel’s investigation was designed to undermine Trump’s chances of being re-elected. “The entire special counsel investigation was about interfering with his ability to get elected,” Epstein said.

 

As Trump prepares to take on the DOJ in court, the outcome of this legal battle could have far-reaching implications, not only for the former president but for the broader relationship between the government and the governed. Whether Trump’s claims of political persecution will hold up in court remains to be seen, but the case is certain to be a pivotal moment in the ongoing debate over the limits of governmental power and the rights of individuals in the face of state action.

 

Credit: NYP  2024-08-13

 

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1 hour ago, Tug said:

Here’s a clue don’t do the crime if you can’t do the crime!!furthermore I hope the DOJ expedites the case the discovery phase just might make the felon squirm to put it lightly

I think it says... "don't do the crime, if you can't do the time"

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10 minutes ago, RichardColeman said:

OK, fair enough, so when Trump gets in the white house, every body saying prosecute and imprison Trump will go along with EVERY prosecution of Biden, Harris , FBI, CIA.SS and democrats for what they have done to the country in the past 4 years since they believe in political prosecutions now ! 

No they will just whine...

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11 hours ago, thaibeachlovers said:

I hope this goes to court, and the DOJ's dirty tricks are made public. I suspect they'll try and hush it up with an out of court settlement.

I guess you don't remember when the justice department conducted not 1 but 2 investigations to suss out bias within the ranks of the Justice Dept. against Trump. The second investigation done with the enthusiastic cooperation of William Barr who said he wasn't satisfied the the Inspector General had previously found no bias. And guess what? They found no evidence of that at all.

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11 hours ago, thaibeachlovers said:

I hope this goes to court, and the DOJ's dirty tricks are made public. I suspect they'll try and hush it up with an out of court settlement.

Oh dear, oh dear.......:coffee1:

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Posts using derogatory and toxic nicknames or intentional misspelling of people’s names will be removed. If you don’t want your post to be removed, spell people’s names correctly, this applies to both sides of the political debate.

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5 hours ago, placeholder said:

 

You think that's bad? How about the way those Leninists have gone after those noted political figures, Bob Rodriqugez, a senator from New Jersey, and Henry Cuellar from Texas. More proof of DOJ bias...against Democrats.

Well, then there is the case of the DOJ just winning a huge case against a corporation beloved by right wingers everywhere. Of course, what corporation could I be referring to other than Google (Alphabet, technically)

 

Federal judge rules Google violated antitrust law

A federal judge ruled on Monday that Alphabet – the parent company of tech giant Google – broke federal antitrust laws as it reinforced its dominant position over online searches and related advertising.

The ruling from U.S. District Judge Amit Mehta in the District of Columbia opens the door to a second trial to determine potential remedies to Google's monopolization of the search market. It marks the Justice Department's first victory over a monopoly in over 20 years.

The Justice Department sued Google over its control of roughly 90% of the online search market – an amount that rises to 95% on smartphones. 

https://www.foxbusiness.com/technology/federal-judge-rules-google-violated-antitrust-law

Oh I forgot your blind obedience to your masters, thanks for reminding us.

 

BTW Gold Bar Bob has been a thief and criminal for ages, the case against him is too blatant to ignore. And Cuellar? A critic of border policy. Apostate. Like Tulsi. 

 

 

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15 hours ago, khunjeff said:

I hope his attorneys are sanctioned for filing a frivolous lawsuit.

 

Every other person who steals highly classified documents is hauled off in handcuffs after a no-knock raid, and kept behind bars pending trial. Trump was given multiple chances to return the papers; notified in advance of the search, and allowed to absent himself; and has not spent a single minute in jail. Yes, he has received disparate treatment, but it has all been in his favor. 

 

And by the way, if he doesn't like his privacy being violated by agents going through his bedroom, maybe he shouldn't keep stolen Top Secret documents there? Just a thought.

You might have had a valid point except for the opposite treatment for a different person with the same crime.

Some of us know the real reasons for that.

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