(Photo by Michael M. Santiago/Getty Images)
Donald Trump is going to sue the federal government for the Mar-a-Lago raid and subsequent prosecution for stolen documents. He wants $100 million. And if you think this can’t possibly get stupider, imagine what will happen if that lunatic actually wins the election and orders the Justice Department to pay up. (RIP to the remnants of Law Twitter.)
Fox Business reported the impending suit today on Mornings With Maria Bartiromo, briefly interviewing Trump’s lawyer Daniel Epstein. But only briefly, since he looks like someone you’d cover your drink around.
Epstein began his legal career at the Koch Foundation and continued to advocate against the demon scourge of federal regulation. He served various roles in the Trump administration and was nominated first to the US Court of Federal Claims and then to be Chairman of the Administrative Conference of the United States. The Senate ignored both nominations, leaving this sweaty dork free to launch nuisance suits in his civilian capacity.
According to Epstein, Trump informed the Justice Department of his intent to sue for “tortious acts against the president are rooted in intrusion upon seclusion, malicious prosecution, and abuse of process resulting from the August 8, 2022 raid of his and his family’s home at Mar-a-Lago in Palm Beach Florida.”
The lawyer says the claims rest on the DOJ’s violation of its own internal policies.
“Garland and Wray decided to stray from established protocol to injure President Trump,” he huffed, claiming this demonstrates “clear intent to engage in political persecution – not to advance good law enforcement practices.”
Here on Planet Earth, the Department’s Justice Manual very clearly states that violation of internal protocols provides no right of private action.
“The Justice Manual provides internal DOJ guidance,” it states. “It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal.”
There’s also the minor matter that the raid was conducted pursuant to a judicially authorized and legally executed warrant. But Epstein’s got his talking points, and he’s sticking to them.
“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,” he wrote in the notice of intent to sue, according to Fox.
Also, Judge Cannon (with an assist from Justice Thomas) has decreed that special counsel’s are illegal. So “there was no constitutional basis for the search or the subsequent indictment.” (Smith was appointed two months after the raid, but that’s hardly the issue here.)
Under 28 U.S. Code § 2675, the government has six months to respond to the demand for the $100 million settlement, which includes a reported $15 million in actual damages plus punitive damages, which are expressly barred under the Federal Tort Claims Act. Because Daniel Epstein has an active fantasy life.
But he got to go on Fox, so, WIN WIN WIN.
DONALD TRUMP Trump to sue DOJ for $100M over Mar-a-Lago raid, alleging ‘political persecution’ [Fox Business]
Liz Dye lives in Baltimore where she produces the Law and Chaos substack and podcast.
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