Donald Trump is now fighting back against Joe Biden. But he needs to be careful.
And America’s top lawyer just gave Donald Trump three words of advice he can’t ignore.
Recently, Donald Trump’s legal team filed a lawsuit against the Joe Biden administration’s Department of Justice for their “unconstitutional” raid on his home, which his legal team says violated Donald Trump’s constitutional rights guaranteed by the First and Fifth Amendments. However, one of the top attorneys in the nation has recently said during a Fox News appearance that this lawsuit may present some issues for Donald Trump.
Trump’s $100 Million Lawsuit Against DOJ Faces Uphill Battle, Says Legal Expert
Former President Donald Trump’s potential $100 million lawsuit against the Department of Justice (DOJ) over the Mar-a-Lago raid is likely to face significant challenges, according to George Washington University law professor Jonathan Turley.
Turley, a trusted and prominent legal expert, believes that Trump will encounter more political traction than legal success with this case. He points out that the DOJ enjoys a form of immunity for discretionary functions, making it difficult for such lawsuits to prevail.
“Well, I think he is going to find greater political traction than legal traction on this type of case, the odds are against him,” Turley said during a Fox News appearance. “This is a very difficult type of case to prevail on against the Justice Department. They’re given their own form of immunity, ironically, for discretionary functions,” he added.
The Trump team’s strategy appears to be based on the argument that the Supreme Court has established the unconstitutionality of the DOJ’s actions, citing privileges and protections that should have prevented the raid. However, Turley notes that this area of law remains unsettled, with the Supreme Court yet to rule definitively on the extent of presidential protections.
While the odds may be against Trump, Turley highlights that the lawsuit could potentially lead to discovery. This process, however, is a double-edged sword, as it would allow both the Trump team and the DOJ to gather information from each other.
“Now, to get around that, what the Trump team is saying is that the Supreme Court has established that this was unconstitutional, that there are privileges or protections here, that you shouldn’t have gone forward with this,” Turley appended to his comments.
“That remains an issue on appeal as to what extent the president has those protections, the Supreme Court itself said, at least with regards to the presidential immunity aspects that they have not ruled on this previously. So, this is the type of area the courts tend to not like to be pulled into. So, the odds are against the Trump team on this. What they do get potentially is discovery, but that’s a two-way street. The Department of Justice then gets discovery as well against the Trump team,” he continued on to say.
The classified documents case has seen some major recent developments. U.S. District Judge Aileen Cannon dismissed charges against Trump in the classified documents case in July, ruling that Special Counsel Jack Smith was unlawfully appointed. Cannon had previously ordered a special master to review documents seized during the Mar-a-Lago raid, but this ruling was later overturned on appeal.
Gray Areas in Presidential Immunity
Turley also explained that there are complexities surrounding presidential immunity. The Supreme Court has established that presidents are not protected for personal acts or for official acts done for personal reasons, creating a gray area that courts must navigate.
“They established these three sets of cases, and the courts have to determine where this falls. Now the court in Florida did dismiss this case, and the Trump team has arguments here that are not frivolous,” the law professor said.
Despite Trump’s team having arguments that are not entirely unfounded, Turley concluded that the odds still favor the Justice Department in this case. Even Trump’s prior cooperation with some FBI requests may not significantly strengthen his position.
“The bets on this one have got to go in favor of the Justice Department,” Turley ultimately concluded.
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