An attorney for former President Donald Trump has filed a legal notice announcing Trump’s plans to sue the Justice Department and the FBI for $115 million for alleged “malicious political prosecution” and “abuse of process.” The notice accuses DOJ leadership and Special Counsel Jack Smith of orchestrating a “malicious political prosecution aimed at affecting an electoral outcome to prevent President Trump from being re-elected.” The filing complains about the FBI’s search for classified documents at Trump’s Florida estate in August 2022, highlighting that the search violated protocol for former presidents and asserting that the government could have had the records if they had asked instead.
The notice of claim filed by Trump’s attorney, Daniel Z. Epstein, states that the DOJ’s process was deemed “unconstitutional” by bringing a lawless criminal indictment due to the search. The case that stemmed from the search was dismissed by U.S. District Judge Aileen Cannon, who was appointed by Trump. Cannon dismissed the case on the grounds that Smith’s appointment as special counsel and funding for his probe were illegal. This claim is a necessary step in filing most civil damages claims against the government and does not have a concrete time limit for a response. The filing suggests that the suit would be filed in the same Florida district where Judge Cannon sits.
The filing was signed on Aug. 7, one day before the two-year anniversary of the search. The claim form says that failure to provide necessary material within two years of the claim accruing may render the claim invalid. Trump is seeking $15 million in actual harm due to his legal costs in defending the Special Counsel proceedings before the U.S. District Court for the Southern District of Florida and $100 million in punitive damages. It’s uncertain where the money for legal fees came from, though reports indicate Trump might have used funds from a political action committee for this purpose. In a separate appeal regarding a defamation verdict against Trump, his attorneys have argued that the punitive damages should be reduced as they exceed compensatory damages.
There is uncertainty about what would happen to the action if Trump is elected president again in November, and whether he would have the authority to direct the Justice Department to pay the requested amount. Trump’s spokesperson stated that this legal action is part of his fight against the “weaponized Department of Justice” and that the criminal case against Trump should be dismissed to bring unity back to the nation. The Justice Department declined to comment on the matter, and the status remains pending as Smith appeals Judge Cannon’s decision. The lawsuit would seek damages for Trump’s legal costs and alleged malicious prosecution leading to significant financial burden and reputation damage.
