In a newly-filed discover of declare to the DOJ, Trump’s lawyer Daniel Epstein argued that the FBI raid was “unconstitutional” and that the previous president confronted a “extreme and unacceptable intrusion” that resulted in a “lawless felony indictment.”
“The tortious acts in opposition to the President are rooted in intrusion upon seclusion, malicious prosecution, and abuse of course of ensuing” from the raid at Trump’s Palm Seaside residence, the memo, obtained by Enterprise Insider on Monday, says.
Trump’s lawyer alleged within the discover that the “FBI’s demonstrated exercise was inconsistent with protocols utilized in routine searches of an investigative goal’s premises.”
“President Trump had a transparent expectation of privateness at Mar-a-Lago, his and his household’s private residence,” the memo reads. “Worse, the FBI’s conduct within the raid – the place established protocol was violated – constitutes a extreme and unacceptable intrusion that’s extremely offensive to an inexpensive individual.”
The DOJ declined to touch upon the discover of declare to Enterprise Insider. The federal company has six months to reply to the declare.
The FBI recovered a trove of presidency data from Mar-a-Lago throughout the 2022 raid as a part of an investigation into Trump’s dealing with of labeled White Home paperwork.
Months later, Particular Counsel Jack Smith was appointed by Lawyer Basic Merrick Garland to supervise the probe and Trump was finally hit with a 37-count indictment associated to the mishandling of the highest secret paperwork.
The Florida decide overseeing the case dismissed the fees in opposition to the previous president final month.
US District Choose Aileen Cannon — who was appointed by Trump — dominated that the Justice Division’s appointment of Smith as particular counsel to prosecute the paperwork case violated the US Structure’s Appointments Clause.
“For greater than 18 months, Particular Counsel Smith’s investigation and prosecution has been financed by substantial funds drawn from the Treasury with out statutory authorization, and to attempt to rewrite historical past at this level appears close to not possible,” Cannon wrote in her choice.
Trump’s lawyer argued within the discover of declare that Garland, Smith and FBI Director Christopher Wray’s “concentrating on, indictment, and harassment of President Trump has at all times been a malicious political prosecution aimed toward affecting an electoral final result to forestall President Trump from being re-elected.”
“This malicious prosecution led President Trump to spend tens of tens of millions of {dollars} defending the case and his repute,” the memo reads.
Trump marketing campaign spokesman Steven Cheung mentioned in an announcement to BI that Trump, the Republican presidential nominee, “is constant to battle in opposition to blatant Election Interference” by Vice President Kamala Harris and President Joe Biden’s “weaponized Division of Justice.”
“Because the grievance powerfully particulars, the raid on Mar-a-Lago was Unlawful and Unconstitutional, as are all the Democrat Witch Hunts that are actually falling aside just like the rotten home of playing cards that they’re, and which ought to be instantly dismissed as a way to deliver unity again to our Nation,” Cheung mentioned.
