According to legal experts, Donald Trump’s latest legal battle, a $100 million lawsuit against the Department of Justice, is fraught with challenges that make success unlikely.
As reported by Newsweek, Trump has sued the DOJ over the FBI's 2022 raid on his Mar-a-Lago estate, alleging political persecution, but experts doubt the case will stand due to a lack of evidence and governmental immunity.
In August 2022, the FBI conducted a search of Trump’s Mar-a-Lago property, seizing thousands of pages of documents, many of which were classified. This raid led to Trump being charged with hoarding classified materials and obstructing justice, allegations he has vehemently denied, insisting that he is the victim of a political witch hunt.
The lawsuit, filed by Trump’s attorney, Daniel Epstein, in a federal court in South Florida, accuses the United States of "political persecution" and "tortious conduct." Trump’s legal team claims that the FBI raid was conducted with the intent to harm him politically, thus violating his rights. The suit is seeking $100 million in damages.
The Justice Department, which now has 180 days to respond to the lawsuit, has not yet publicly commented on the matter. However, legal professionals like trial attorney Neama Rahmani are skeptical of Trump’s chances in court. “I expect Trump’s lawsuit against the Department of Justice to be dismissed."
Rahmani also noted that the government’s actions followed legal protocols. According to Rahmani, the government initially requested the return of the classified documents before issuing a subpoena and later executing a search warrant signed by a federal judge. “The prosecution was the culmination of Trump ignoring the requests and subpoena and obstructing justice to prevent the lawful return of the documents,” Rahmani explained.
Trump’s lawsuit comes after a contentious period in which he faced 40 federal charges over his handling of sensitive materials. These charges, brought before Judge Aileen Cannon, were dismissed last month due to procedural issues related to the appointment and funding of Special Counsel Jack Smith.
Despite this dismissal, Special Counsel Smith is appealing the decision, indicating that the legal battles surrounding this case are far from over.
Although Judge Cannon’s dismissal was a temporary victory for Trump, Rahmani emphasized that it does not equate to exoneration. “Even though Judge Cannon ultimately dismissed the prosecution, for dubious reasons, she did so on procedural grounds related to Smith’s appointment. It doesn’t mean Trump is actually innocent,” Rahmani pointed out.
Furthermore, the legal concept of governmental immunity presents a significant obstacle to Trump’s lawsuit. The government is generally protected from civil lawsuits unless there is a violation of a clearly established constitutional right. Rahmani believes that such a violation does not exist in this case, making it unlikely that Trump’s lawsuit will proceed.
The next steps in this legal saga will hinge on the DOJ’s forthcoming response and the outcome of Special Counsel Smith’s appeal. Both proceedings could significantly impact the trajectory of Trump’s lawsuit and his broader legal strategy.
For now, the lawsuit remains a symbol of Trump’s broader narrative of persecution, a theme that has been central to his rhetoric since the FBI’s raid. Whether or not the courts will entertain this narrative in the context of his lawsuit against the DOJ remains to be seen.
Trump’s $100 million lawsuit against the Department of Justice over the FBI raid on Mar-a-Lago is a high-stakes legal move that faces numerous hurdles. With legal experts expressing skepticism and governmental immunity in play, the lawsuit’s chances of success appear slim.
