Former President Donald Trump is preparing to file a major lawsuit against the federal government, accusing the Justice Department of “political persecution” in response to its unprecedented August 2022 raid on Mar-a-Lago. In a memo obtained by Fox News, attorneys for the Republican leader allege “tortious conduct by the United States against President Trump” resulting in 37 felony counts brought by special counsel Jack Smith.
Trump has pleaded not guilty to charges related to the mishandling of classified documents, asserting that any documents found during the raid were declassified under the Presidential Records Act. The charges include willful retention of national defense information, conspiracy to obstruct justice, and making false statements. Trump’s attorney, Daniel Epstein, has filed a notice to sue the Justice Department, which now has 180 days to respond and seek a resolution. If no resolution is reached, the case could be heard by the U.S. District Court for 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,” Epstein told Fox Business’ Lydia Hu.
Last month, there was a significant development in Smith’s case when Florida U.S. District Judge Aileen Cannon dismissed the entire case. The dismissal was based on the defense’s successful argument that Smith was unlawfully appointed, as supported by citations highlighting the vague authority of special counsel appointments for decades. This decision was made despite the Supreme Court’s historic ruling granting presidents total immunity from official acts taken while in office.
In her decision, Cannon wrote, “Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.” She added that Smith’s use of a “permanent indefinite appropriate also violates the Appropriations Clause” but that “the Court need not address the proper remedy for the funding violation given the dismissal on Appointments Clause grounds.”
Last month, Cannon has approved former President Donald Trump’s request to halt the Biden Department of Justice’s prosecution of him in Florida for mishandling classified documents. This decision follows a Supreme Court ruling affirming presidential immunity, which has significant implications for the case.
Veteran reporter Julie Kelly reported that Trump’s legal team filed the motion, which called for a pause in proceedings while the impact of the immunity decision is weighed, on Friday. “President Donald J. Trump respectfully submits this motion for (I) leave to file supplemental briefing regarding the implications of Trump v. United States for the pending Presidential-immunity motion, ECF No. 324; and (2) a partial stay of further proceedings-with the exception of the pending gag-order motion, ECF No. 592-until President Trump’s motions based on Presidential immunity and the Appointments and Appropriations Clauses are resolved,” the motion said.
“A partial stay that pauses CIPA and other litigation is warranted based on the reasoning in Trump, and such a stay would be consistent with DOJ policies and practices that the Special Counsel’s Office claims to be bound by but is largely ignoring,” the motion continued. “Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the Presidency arising from this unconstitutional investigation and prosecution. A partial stay is also appropriate to prevent further exploitation of judicial institutions and resources by Executive Branch personnel in connection with the shameful ongoing lawfare campaign.”
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