Republican Presidential Nominee and former President Donald Trump is suing the Department of Justice (DOJ) for $100 million in damages to his Mar-a-Lago property.
He claims that the DOJ damaged his Palm Beach, Florida, residence in a search and recovery effort of classified documents on his private property.
Filing Just Before the Deadline
Trump’s attorneys filed the claim last week, just one day short of a two-year deadline to file damage claims.
Accusations of Political Targeting
The claim itself accuses the DOJ of targeting Trump and prosecuting him for his political actions and beliefs.
A Pattern of Legal Disputes
This is the latest legal dispute carrying similar claims from Trump that he is being persecuted by Democrats who currently hold power and are trying to prevent him from being reelected.
DOJ’s Search and Recovery Efforts
DOJ agents searched Mar-a-Lago and recovered more than 300 classified records and other presidential records and papers.
Noncompliance with DOJ Requests
According to media reports, the DOJ asked Trump multiple times to return the records, and Trump did not comply, going so far as to defy a subpoena to submit the documents.
Challenges to the Search Warrant
Trump’s legal team has lodged several challenges to the validity of the DOJ search warrant, all of which failed in court.
Approval and Upholding of the Search Warrant
A Florida-based federal judge approved the search warrant in 2022, and it was upheld in separate reviews by different judges.
11th Circuit Court of Appeals Decision
The 11th Circuit Court of Appeals ordered the return of the Presidential records to the Department of Justice, reversing a decision by Florida judge Aileen Cannon, who had ordered the documents to be reviewed by a specially appointed expert.
Denial of Trump’s Appeal for a Franks Hearing
Cannon denied a Trump appeal for a “Franks Hearing” on the Mar-a-Lago search. She ruled that Trump’s lawyers provided insufficient information to warrant investigating whether the FBI included false or reckless details on the warrant’s affidavit.
Potential Impact of a Franks Hearing
If the Franks Hearing had been granted, it could have led to some evidence being inadmissible at trial due to being gathered during the DOJ search of the property.
Cannon’s Ruling on Special Counsel Appointment
Cannon sided with Trump’s legal defense in ruling that special counsel Jack Smith was improperly and unlawfully appointed, undermining Smith’s entire case. The decision is currently under appeal and will push back the underlying prosecution of Trump at least by several months, likely into 2025.
DOJ’s Upcoming Review of the Damages Claim
Now that Trump has filed the damages claim within the requisite two-year window, the DOJ will review the claim within the next 180 days, and the claim could be heard in federal court.
Attorney’s Statement on the Damages Claim
Trump’s attorney, Daniel Epstein, writes in the damages claim, “The intrusion into President Trump’s seclusion, the abuse of process by the Garland Department of Justice and Wray FBI, and the subsequent malicious prosecution are particularly egregious, showing willful, wanton, oppressive, and malicious intent by the Department of Justice and FBI.”
