Victoria Toensing says former President Donald Trump's $100 million lawsuit against the DOJ, alleging that the FBI's 2022 raid on his Mar-a-Lago estate was unconstitutional and resulted in a "lawless criminal indictment," is a "very good case."
Former President Donald Trump is set to sue the Department of Justice (DOJ) for $100 million in damages following the FBI's August 2022 raid on his Mar-a-Lago estate in Florida. This move comes as Trump and his legal team argue that the raid, which led to a criminal indictment, was both unconstitutional and politically motivated, Business Insider reported.
Toensing, a former chief counsel for the Senate Select Committee on Intelligence, discussed the potential legal case in an interview with Newsmax's "American Agenda." She emphasized that Trump's lawsuit is grounded in accusations of "malicious prosecution" and "abuse of process."
"Oh, yes. [It is] a very good case, and usually, malicious prosecution does not work, but here you've got so many facts," Toensing said. She further explained that the lawsuit is a civil tort that Trump could only pursue after the dismissal of the criminal case, which she believes was politically charged.
Toensing pointed out specific actions by special counsel Jack Smith, who led the investigation that resulted in the Mar-a-Lago raid. According to her, Smith's decision to push for a swift resolution before the upcoming election was problematic.
"Let me just start with Jack Smith's own words, telling both courts, D.C. and the Miami, 'Hey, we have to hurry and get this done before the election so the voters can decide," she said.
"Back in my day at the department [DOJ]," she added, "you weren't supposed to talk about anything political. Nothing was supposed to be political about a criminal prosecution."
"Jack Smith used the D.C. grand jury when he should have used the Miami grand jury, which is where the indictment was put out. But he used the D.C. grand jury because the chief judge there, Beryl Howell, was an anti-Trump person and, in fact, did anything Jack Smith wanted, including taking away the attorney-client privilege and forcing one of Trump's lawyers to testify against him," she said.
The lawsuit centers on the claim that Trump's possession of classified documents at Mar-a-Lago should have been addressed under the Presidential Records Act rather than through a criminal indictment. "This case should have been settled civilly," Toensing argued, questioning the legitimacy of charging Trump under the Espionage Act. She pointed out that as a former president, Trump had authorization to handle the classified materials in question.
According to Business Insider, Trump's attorney, Daniel Epstein, has filed a notice of claim with the DOJ, describing the FBI's raid as a "severe and unacceptable intrusion." The memo obtained by Business Insider outlines the allegations, including intrusion upon seclusion, malicious prosecution, and abuse of process.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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