Former President Donald Trump’s attorney, Daniel Z. Epstein, has filed a legal notice announcing the intention to sue the Justice Department and the FBI for $115 million. The notice accuses the DOJ leadership and Special Counsel Jack Smith of engaging in a “malicious political prosecution” and “abuse of process.” These baseless accusations claim that the prosecution was aimed at affecting an electoral outcome to prevent Trump from being re-elected.
The legal notice alleges that the FBI’s search for classified documents at Trump’s Florida estate in August of 2022 was improper. Subsequently, Trump was indicted for the sensitive classified documents found during the search, to which he pleaded not guilty. The filing claims that the search violated established protocols involving former presidents and cites Trump’s social media post stating that the government could have had the records if they had asked.
Epstein’s notice of claim argues that the DOJ’s process was unconstitutional and accuses Smith of bringing forth a lawless criminal indictment. The case was dismissed by U.S. District Judge Aileen Cannon last month on the grounds that Smith’s appointment as special counsel and the funding for his probe were illegal. This decision is being appealed by Smith.
Steven Cheung, a spokesperson for Trump’s campaign, stated that the legal action against the Justice Department is part of Trump’s fight against the “weaponized Department of Justice.” He called for the immediate dismissal of the criminal case against Trump to bring unity back to the nation.
The legal notice filed by Trump’s attorney is a necessary step in filing civil damages claims against the government. There is no concrete time limit for a response, but if a claimant does not receive a “final disposition” within six months, they have the option to file a lawsuit. It is suggested that the lawsuit would be filed in the same Florida district where Judge Cannon sits.
Trump is seeking $15 million in actual harm for his legal costs in defending the Special Counsel proceedings before the U.S. District Court for the Southern District of Florida. Additionally, he is seeking $100 million in punitive damages. The filing does not clarify how much of the $15 million came from Trump personally.
With these accusations and legal actions, it remains to be seen how the situation will further develop and what the outcome will be.