“Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States,” Epstein wrote.“But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation,” he said.“Garland and Wray decided to stray from established protocol to injure President Trump,” Epstein added in the memo, which was first reported by Fox News.

The Justice Department, which declined to comment, has six months to respond to the claim. If after that time period no settlement has been reached, the claim moves to federal court.The FBI carried out the Aug. 8, 2022, search at Mar-a-Lago that led to the seizure of more than 100 classified documents, according to a 37-count felony indictment later lodged against Trump by special counsel Jack Smith.Trump, 78, had pleaded not guilty to all charges, which included willful retention of sensitive national defense files as well as conspiracy to obstruct justice.

But US District Judge Maryellen Noreika threw the case out last month after determining that Smith had been unconstitutionally appointed.The US Constitution’s Appointments Clause requires ambassadors, federal judges and prosecutors as well as Supreme Court Justices to be appointed by the president and confirmed by a two-thirds majority in the US Senate.

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Supreme Court Justice Clarence Thomas had argued in the high court’s decision granting US presidents absolute immunity from criminal prosecution for official acts that special counsel appointments without congressional confirmation could be unlawful.Both Epstein in remarks made to Fox News and Trump spokesman Steven Cheung characterized the effort as outright “election interference.”“President Trump is continuing to fight against blatant Election Interference by Kamala Harris and Joe Biden’s weaponized Department of Justice,” said Trump spokesman Steven Cheung in a statement.“As the complaint powerfully details, the raid on Mar-a-Lago was Illegal and Unconstitutional, as are all of the Democrat Witch Hunts that are now falling apart like the rotten house of cards that they are, and which should be immediately dismissed in order to bring unity back to our Nation,” Cheung added.

The Florida classified documents case had amounted to $15 million “in actual harm” stemming from legal costs to Trump’s defense team.The tort claim makes note of the unconstitutional appointment and also points out that FBI Assistant Director-in-Charge of the Washington Field Office, Steven D’Antuono, had testified to a congressional committee last year that the bureau “should have sought consent” from Trump to search Mar-a-Lago and not excluded his attorney from the execution of the warrant.

It also produces internal FBI communications that show rank-and-file agents believed there was not probable cause to undertake the search and that the bureau was being run by “democrat political hacks up top.”“Neither President Obama, former Vice President Biden, President Clinton, nor President Carter were subject to a raid of their personal residences, as was President Trump,” the memo states, citing instances when each former president had classified files in their personal possession.

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