Topline
Former President Donald Trump intends to file a lawsuit against the Justice Department for the August 2022 search it carried out at his Mar-a-Lago estate, after a Trump-appointed judge threw out criminal charges brought against the ex-president for allegedly unlawfully withholding White House documents at his Florida property.
Stacks of boxes containing White House documents are found in a bathroom and shower at at former … [+]
Key Facts
Trump filed a notice saying he intends to sue the DOJ for $100 million, according to a copy of the memo obtained by Forbes, alleging the search was carried out with “clear intent to engage in political persecution.”
The FBI searched Mar-a-Lago in August 2022, recovering more than 11,000 White House documents, including 103 classified ones, after it previously subpoenaed Trump for his remaining classified documents but had reason to believe he didn’t turn all of them over.
Investigators obtained a warrant for their search, but Trump alleges the search was “inconsistent with protocols used in routine searches of an investigative target’s premises,” and the FBI’s conduct was “a severe and unacceptable intrusion that is highly offensive to a reasonable person.”
The lawsuit comes weeks after U.S. District Judge Aileen Cannon dismissed the DOJ’s criminal charges against Trump for keeping White House materials at Mar-a-Lago and allegedly obstructing the investigation into those documents, which came out of the Mar-a-Lago search.
The DOJ will have 180 days to respond to the memo and for the two sides to reach a resolution, which legal expert Lisa Rubin told MSNBC Monday means it’s unlikely Trump will be able to file a full lawsuit for six months.
The Justice Department declined to comment to Forbes on the filing.
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Crucial Quote
Trump spokesman Steven Cheung characterized the lawsuit threat in a statement Monday as Trump “continuing to fight against blatant Election Interference,” claiming “the raid on Mar-a-Lago was Illegal and Unconstitutional, as are all of the Democrat Witch Hunts that are now falling apart like the rotten house of cards that they are, and which should be immediately dismissed in order to bring unity back to our Nation.”
What To Watch For
It’s unclear how the DOJ will respond and how long any litigation could take to play out. Given that any lawsuit in the case is unlikely to be brought for months, it also remains to be seen if Trump will file litigation at all—since if he wins the election, he likely wouldn’t bring a lawsuit against a federal agency that’s now under his control.
Contra
Former U.S. attorney Joyce Vance noted Monday Trump’s civil lawsuit could actually be a boon for the DOJ, as it would likely mean Trump could be deposed in the case and would put a “focus on why the criminal case was legitimate and Trump’s criminality.” The civil suit would allow the DOJ to conduct discovery, meaning they’d be able to get evidence from Trump about him keeping the White House documents that could ultimately bolster their case.
Key Background
Trump was indicted on 40 federal charges for allegedly withholding national security information at Mar-a-Lago and obstructing the government’s efforts to retrieve them. The ex-president first voluntarily returned some documents to the government—and then an additional 38 classified documents when he was subpoenaed to do so—but the DOJ has alleged Trump intentionally concealed documents from his attorneys so they wouldn’t be turned over, directing aides to move boxes of documents. In its indictment against Trump, the DOJ alleged White House documents were found throughout Mar-a-Lago during its 2022 search, including in a ballroom, bathroom and Trump’s personal bedroom. The documents recovered during the search included details on nuclear programs and countries’ defense capabilities, according to the indictment, along with other classified matters. Trump pleaded not guilty to the charges against him and has claimed he “declassified” documents before leaving office, though there is no evidence to support that. Cannon, a Trump appointee, dismissed the charges in July because she ruled Special Counsel Jack Smith, who’s overseeing the investigation, was unlawfully appointed. She did not rule on the merits of the case and the government is still appealing the dismissal.
