Former President Donald Trump has declared his intention to sue the Department of Justice (DOJ) for $100 million in response to the raid at his Mar-a-Lago residence in August 2022. According to Trump’s legal team, the suit relies on claims of “intrusion upon seclusion,” “malicious prosecution,” and “abuse of process.”
The DOJ conducted the raid based on a judicially authorized warrant, a detail that Trump’s lawyer, Daniel Epstein, contests, arguing that the raid violated DOJ internal policies. Despite these claims, the Department’s Justice Manual specifies that its internal policies do not create enforceable rights for private actions, a point echoed by the legal community. To support his stance, Epstein claims that Attorney General Merrick Garland and FBI Director Christopher Wray intended to politically persecute Trump and should have adhered to non-enforcement means typically utilized with former presidents.
Epstein’s background, including his associations with the Koch Foundation and roles in the Trump administration, lends some context to the legal tactics employed. Nevertheless, experts highlight that punitive damages, which form part of the $100 million demand, are expressly barred under the Federal Tort Claims Act.
The DOJ has six months to respond to the settlement demand, which includes $15 million in actual damages along with the controversial punitive damages. The legal community will undoubtedly be watching closely as this case unfolds, as it may set significant precedents for future governmental and legal actions.
For a more detailed discussion on the impending lawsuit, see the full article on Above the Law.