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Jimmy Williams
Former President Donald Trump has announced plans to file a $115 million lawsuit against the Department of Justice (DOJ) and the FBI, accusing them of conducting a “malicious political prosecution” intended to influence the 2024 presidential election. This move marks the latest in Trump’s ongoing battle against federal authorities, whom he claims have been weaponized against him.
In a legal notice filed by Trump’s attorney Daniel Z. Epstein, a former White House lawyer and current vice-president of America First Legal, Trump alleges that the DOJ, under the leadership of special counsel Jack Smith, engaged in a politically motivated prosecution. The notice, obtained by NBC News, contends that this prosecution has forced Trump to spend “tens of millions of dollars defending the case and his reputation.”
“This malicious prosecution led President Trump to spend tens of millions of dollars defending the case and his reputation,” Epstein wrote in the notice of claim. He further argued that the FBI’s search of Trump’s Mar-a-Lago estate in August 2022, which led to the discovery of numerous classified documents, was improper and violated “well-established protocol” for former presidents.
Epstein’s filing points to Trump’s repeated claims that the documents could have been obtained without a search. “All they had to do was ask,” Trump posted on his social media platform, Truth Social. However, the filing omits the fact that the National Archives and the DOJ had made multiple requests for the return of the documents, even issuing a subpoena in May 2022.
Trump’s legal team is also critical of the criminal indictment brought against him by Smith, which stemmed from the Mar-a-Lago search. The notice highlights a recent decision by U.S. District Judge Aileen Cannon, who dismissed the case last month, ruling that Smith’s appointment as special counsel and the funding for his probe were illegal. Despite this victory, Trump’s legal battle is far from over, as Smith has filed an appeal against Cannon’s ruling.
Steven Cheung, a spokesperson for Trump’s campaign, framed the legal action as part of a broader effort to fight against the “weaponized Department of Justice.” He stated, “The criminal case against President Trump should be immediately dismissed in order to bring unity back to our Nation.”
The lawsuit is expected to be filed in the same Florida district where Judge Cannon presides. Trump is seeking $15 million in actual damages to cover his legal costs, though it remains unclear how much of these expenses were paid out of his pocket. The former president is also demanding $100 million in punitive damages.
The filing was submitted on August 7, just one day before the two-year anniversary of the Mar-a-Lago search. This notice is a necessary procedural step before Trump can file a formal lawsuit against the federal government. If the DOJ does not respond within six months, Trump can proceed with the lawsuit, treating the silence as a denial of his claim.
The legal implications of this lawsuit, particularly if Trump is re-elected in 2024, are yet to be determined. The DOJ has declined to comment on the notice.
