On Monday, President Trump announced that his legal team plans to file a $100 million lawsuit against Biden’s corrupt Department of Justice in response to the 2022 raid on his home.
Last month, Judge Aileen Cannon dismissed the classified documents case, citing issues related to the appointment of Special Counsel Jack Smith.
This dismissal marks a significant setback for the Department of Justice and raises concerns about the handling of the investigation.
In her ruling to dismiss the case, Judge Cannon wrote:
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.
Const., Art. I, $ 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
The effect of this Order is confined to this proceeding.
The court ruled that Smith’s appointment violated the Appointments Clause, which required that principal officers of the United States must be appointed by the President and confirmed by the Senate.
From Fox News:
EXCLUSIVE: Former President Donald Trump is set to sue the Justice Department for $100 million in damages over the government’s unprecedented 2022 raid on his Mar-a-Lago property in Palm Beach, Florida, with lawyers arguing it was done with “clear intent to engage in political persecution.”
…
Trump attorney Daniel Epstein filed the notice to sue the Justice Department. The Justice Department has 180 days from the date of receipt to respond to Epstein’s notice and come to a resolution. If no resolution is made, Trump’s case will move to federal court in the Southern District of Florida.
“What President Trump is doing here is not just standing up for himself – he is standing up for all Americans who believe in the rule of law and believe that you should hold the government accountable when it wrongs you,” Trump attorney Daniel Epstein told Fox Business’ Lydia Hu.
The lawsuit claims:
- The rationale for raiding Mar-a-Lago is at odds with Department of Justice policy and “inconsistent with protocols requiring the consent of an investigative target, disclosure to that individual’s attorneys, and the use of the local U.S. Attorney’s Office.”
- The raid and indictment violated “the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States.”
- The FBI’s conduct ” was inconsistent with protocols used in routine searches of an investigative target’s premises.” Ordinarily, they shouldn’t give shoot-to-kill instructions for premises already protected by the Secret Service and search Melania’s underwear drawer for documents.
- Finally, the Department of Justice “brought a lawless criminal indictment.”
At the time of this report, the Department of Justice had not yet responded.
