Former US President Donald Trump has filed a lawsuit against the Department of Justice, seeking $100 million in damages, claiming that the searches of his Mar-a-Lago residence were unconstitutional, in the process of obtaining classified documents.
The lawsuit, filed by the Republican presidential candidate in November, alleges the operation shows a “clear intent for political persecution” against the former president, who has been investigated and accused of illegally retaining classified documents from the White House, the agency reported Monday.
The case was dismissed on July 15 by Florida Judge Ellen Cannon, who was appointed by Trump when he was president, and is now on appeal.
The judge said the special prosecutor in charge of the investigation, Jack Smith, was not lawfully appointed, “in violation of the (…) Appointments Clause of the United States Constitution.”
Trump’s lawsuit against the Department of Justice, which according to American media last week, is classified as “twisted behavior by the United States against President Trump.”
Donald Trump was convicted in the Stormy Daniels case
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The complaint focuses on FBI searches at Mar-a-Lago, Florida, in August 2022, following a federal investigation into the former president’s improper retention of classified documents.
After the investigation, Smith was appointed special prosecutor, who later brought 37 criminal charges against the former president related to his handling of classified material after leaving the White House.
The crimes include willful withholding of national defense information, conspiracy to obstruct justice and false statements, charges to which Trump has pleaded not guilty.
The Department of Justice has 180 days from the date of receipt to respond to the notice and reach a resolution.
The lawsuit against the Justice Department states that “the unlawful actions against the President (Trump) are rooted in the malicious prosecution (…) and abuse of process resulting from the March 2022 invasion of his and his family’s home at Lago in Palm Beach.”
She says the decisions made by the Justice Department and the FBI regarding the searches “contradict protocols that require consent from the person targeted in the investigation, disclosure to that person’s attorney, and recourse to the local U.S. Attorney’s Office.”
Trump’s defense also asserts that these decisions by US Attorney General Merrick Garland and FBI Director Christopher Wray were not based on “social, economic and political policies” but on “a clear failure to adhere to constitutional principles.”
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