Former President Donald Trump is preparing to file a $100 million lawsuit accusing Attorney General G. Merrick Garland and FBI Director Christopher Wray of “malicious prosecution” of him.
This comes two years after the 2022 discovery of Trump’s Mar-a-Lago home, where 300 documents marked “classified” were found.
Trump-appointed Judge Aileen Cannon later dismissed a case brought by special counsel Jack Smith against the former president.
The new lawsuit, prepared by Trump’s lawyer Daniel Epstein, alleges a “clear intent to engage in political persecution” against Trump.
It says the search, which occurred while Trump was away, stemmed from actions “rooted in intrusion into secrecy, malicious prosecution and abuse of process.”
The actions of the Justice Department and FBI are “inconsistent with protocols requiring consent from an investigative target, disclosure to that individual’s attorneys, and use of local U.S. Attorney’s Office,” Epstein writes in the document obtained by Fox News.
Trump has personally criticized the search for years, including while battling Smith in federal court in Florida.
The former president has a history of filing lawsuits that draw attention and help underscore his political views.
Last year, a judge dismissed his $100 million lawsuit against the New York Times and his niece Mary Trump.
Trump has long accused President Joe Biden of pushing “witch hunt” investigations against him, and his latest lawsuit singles out both Garland, a Biden nominee, and Wray, a Trump nominee.
Former President Donald Trump is suing the Justice Department for $100 million, alleging a “clear intent to engage in political persecution”
The two men’s decisions are “inconsistent with protocols requiring consent from the target of the investigation, disclosure to that individual’s attorneys, and use of local federal prosecutors,” Epstein writes.
The lawsuit says the government should have negotiated with Trump instead of searching his residence, even though the National Archives had been in discussions with Trump’s lawyers for months about the location of materials moved from the White House during Trump’s final weeks in office.
“Garland and Wray should never have approved a raid and subsequent impeachment of President Trump because well-established protocol with former American presidents is to use non-coercive means to obtain U.S. records,” Epstein writes.
“But despite the fact that the raid should never have occurred, Garland and Wray should have ensured that their agents sought President Trump’s consent, notified his attorneys, and sought cooperation,” the lawsuit continues.
Trump has long been furious about the FBI raid on Mar-a-Lago in August 2022
FBI discovered box containing materials marked ‘classified’ at Florida club
The White House and Justice Department have long denied the investigation was politically motivated. Smith, who was appointed by Garland to oversee the case, defended the indictment last summer after a grand jury returned it amid allegations of political interference.
“In this country we have one set of laws that apply to everyone,” he said. “Compliance and enforcement of the laws is what determines the outcome of an investigation. Nothing more, nothing less.”
The lawsuit comes amid a political campaign in which Trump has complained of being forced to mount a new campaign against Vice President Kamala Harris after Biden withdrew from her campaign amid a Democratic pressure effort.
Cannon’s ruling, which followed Trump’s argument that Smith’s appointment was unconstitutional, prompted an appeal by Smith’s team of prosecutors. It set aside the case once considered the most politically dangerous for Trump of the four criminal cases he faced ahead of the November election.
Last week, Smith requested a continuance in the case, which is set to be heard on January 6 in Washington, D.C., and which has also been delayed by a Supreme Court ruling on presidential immunity.
“What President Trump is doing here is not just standing up for himself: He’s standing up for all Americans who believe in the rule of law and believe that government should be held accountable when it harms them,” Epstein told Fox.
During the Florida case, Trump’s team failed to get Judge Cannon to throw out the seized evidence, although it did persuade her to appoint a special expert to examine the materials, which had the effect of delaying the case.