Experts Say Trump’s ‘Absurd’ DOJ Compensation Request Would Be Rejected if He Were Anyone Else
Trump’s $230 Million Damages Claim: Legal Experts Raise Concerns
Former President Donald Trump’s bid for compensation from the Justice Department has elicited skepticism from legal experts regarding the legitimacy of his claims, which many believe would be dismissed if made by an ordinary citizen.
The Basis of Trump’s Claims
Trump is requesting $230 million in damages based on two separate claims related to investigations into his campaign’s ties to Russia and the 2022 search for classified documents at his Mar-a-Lago estate, as reported by News. In his Mar-a-Lago complaint, Trump alleges invasion of privacy, malicious prosecution, and abuse of process.
Concerns Over Ethical Implications
This claim raises alarms within legal circles, particularly because the Justice Department officials who would approve the claims are Trump appointees. House Democrats have labeled the request as “blatantly illegal and unconstitutional.”
Understanding the Legal Framework
Trump is pursuing compensation under the Federal Tort Claims Act (FTCA), which allows individuals to seek damages from the federal government. This law mandates that claimants initially file an administrative claim, giving the government six months to settle or deny the claims. To date, the Justice Department has not responded to Trump’s claims.
Experts assert that recovering damages under this statute is challenging. The average settlement amount for administrative claims has been around $51,684, significantly less than what Trump is demanding.
Discrepancies in Compensation Requests
Trump’s public claim includes a request for $100 million in compensation, alongside an additional memo seeking $115 million. The confusion surrounding these amounts raises questions about the validity of his claims, particularly as they exceed amounts typically awarded in similar cases.
Financial Backing and Legal Representation
Trump’s legal expenses have been funded by his Super PAC, Save America. He has hired multiple attorneys, including Todd Blanche, who currently holds a position in the Justice Department.
Trump recently pledged to donate any funds received from this potential settlement to charity, a promise noted skeptically given his history of unfulfilled charitable commitments.
Potential Legal Challenges
Legal experts find Trump’s requested punitive damages to be without merit under the FTCA, which specifically disallows such claims. Furthermore, search warrants executed at Mar-a-Lago were sanctioned by a magistrate judge, complicating Trump’s arguments regarding trespass and due process violations.
Public Transparency and Future Actions
Should a settlement occur, details may remain confidential, creating concerns about public transparency. Experts suggest that the Justice Department should refrain from settling the claim and allow Trump to present his case in court, where he must substantiate his claims with evidence.
