Former President Donald J. Trump plans to file a lawsuit against the Biden-Harris Department of Justice (DOJ), seeking $100 million in damages for the Federal Bureau of Investigation (FBI) raid on his Mar-a-Lago property in 2022. Trump’s legal team alleges that the raid was carried out with the intent of political persecution, describing the raid as “tortious conduct by the United States against President Trump.”
The lawsuit stems from the FBI‘s August 8, 2022, raid on Mar-a-Lago, which occurred as part of a federal probe into Trump’s alleged retention of classified documents. A federal judge later dismissed Special Counsel Jack Smith’s case against Trump, citing Smith’s unlawful appointment and funding under the Constitution’s Appointments Clause.
Attorney Daniel Epstein, representing Trump, submitted a notice to the DOJ, which has 180 days to respond before the suit moves to federal court in the Southern District of Florida. Epstein claims the raid involved intrusion upon seclusion, malicious prosecution, and abuse of process. He argues that Attorney General Merrick Garland and FBI Director Christopher Wray did not follow established protocols, including seeking the target’s consent and notifying their legal representatives.
Epstein’s memo asserts that Garland and Wray’s actions were not based on valid social, economic, and political policies but rather on principles inconsistent with constitutional standards aimed at persecuting Trump. The legal filing also indicates that the raid inflicted $15 million in damages on Trump due to legal costs.
Trump’s attorney maintains that the FBI‘s actions violated Trump’s privacy and were politically motivated. Filings also later revealed the FBI was permitted to use deadly force during the raid. He stresses that there was no constitutional basis for the search or subsequent indictment, referencing the Supreme Court’s ruling that presidents have substantial immunity from prosecution for official acts.