Former US President, Donald Trump plans to sue the Justice Department for $100 million in punitive damages over the execution of a search warrant at his Mar-a-Lago estate in 2022, accusing US Attorney General Merrick Garland and FBI Director Christopher Wray of having engaged in "malicious political prosecution aimed at affecting an electoral outcome to prevent President Trump from being re-elected."
The FBI carried out the Aug. 8, 2022, search at Mar-a-Lago that led to the seizure of more than 100 classified documents, according to a 37-count felony indictment later lodged against Trump by special counsel Jack Smith.
Trump, 78, had pleaded not guilty to all charges, which included willful retention of sensitive national defence files as well as conspiracy to obstruct justice.
Trump's lawyer, Daniel Epstein filed an administrative tort claim against the DOJ arguing that Garland and Wray applied "inconsistent standards" and were guilty of a "clear dereliction of constitutional principles" when approving the search of the Palm Beach, Fla., resort residence of the former president and his family, according to a copy of the claim obtained by The Post.
"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.
"But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation," he said.
"Garland and Wray decided to stray from established protocol to injure President Trump," Epstein added in the memo, which was first reported by Fox News.
The Justice Department has six months to respond to the claim. If after that period no settlement has been reached, the claim moves to federal court.
The FBI carried out the Aug. 8, 2022, search at Mar-a-Lago that led to the seizure of more than 100 classified documents, according to a 37-count felony indictment later lodged against Trump by special counsel Jack Smith.
US District Judge Maryellen Noreika threw the case out last month after determining that Smith had been unconstitutionally appointed.
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