Posted on 07/23/2024 1:03:59 AM PDT by Libloather
Former President Donald Trump is threatening to file suit against Special Counsel Jack Smith over the August 2022 FBI raid of Mar-a-Lago.
Attorney General Merrick Garland appointed Smith to lead an independent investigation into Trump's post-presidency handling of classified documents and his actions leading up to the January 6 attack U.S. Capitol attack in November 2022, three months after the former president's South Florida home was searched in relation to the documents case.
U.S. District Judge Aileen Cannon, who was appointed by Trump and has frequently been accused of bias in his favor, dismissed the documents case last week while ruling that Smith's appointment had been "unconstitutional." Smith has filed an appeal, with his office saying that the basis of Cannon's decision "deviates from the uniform conclusion of all previous courts."
In a post to Truth Social on Monday, Trump suggested that Cannon's decision could lead to a lawsuit against Smith and his prosecutorial team. He made the remarks while lashing out at Democratic Congressman James Clyburn, a close ally to President Joe Biden and one of the first to endorse the presidential run of Vice President Kamala Harris after Biden dropped out on Sunday.
"Somebody please explain to Rep. James Clyburn, not the brightest bulb in the House, that I am beating the Biden/Harris Prosecutors, like Deranged Jack Smith, whose case against me in Florida, 'the biggest of them all' according to the Radical Left Lunatics, was just 'thrown out' as being Unconstitutional," Trump wrote.
"Now it is my time to sue them for illegally breaking into, and raiding, Mar-a-Lago," he added. "All of these Biden/Harris cases against me are a Weaponization of Justice against their Political Opponent, Me — Strictly Third World Country. MAGA2024!"
(Excerpt) Read more at newsweek.com ...
How about a new AG prosecution under 18 U.S. Code § 242 - Deprivation of rights under color of law?
A question? If Biden dies or resigns, do the House Reps have to confirm the VP as President or can they open it to a floor vote between Harris and the Speaker? I heard there’s a path that could lead to that. I am way out in the weeds on this. I don’t know this deep💩. Truely I apologize. This whole thing gets curiouser and curiouser.
Civil rights suits for constitutional torts committed by federal actors are known as Bivens actions after the 1971 Supreme Court case that first authorized them for a search and seizure that violated the Fourth Amendment. The special bite for a Bivens claim is that they are meant as a potent remedy for serious misconduct and are lodged against government officials and agents personally. A jury trial is permitted and can include compensatory and punitive damages.
Defenses to a Bivens claim include that there was no violation of the constitution or that the officials have absolute or qualified immunity. It would make for quite a turnaround for Garland, Smith, and others to try to claim official immunity as a defense. Venue for such a case would be in Trump friendly Palm Beach County, not Washington D.C.
The VP gets sworn in as President.
Brother. You sue TF outta every single liberal hack you want and I’ll donate what I can to help.
Before it's over, such a lawsuit might include Letitia James, Fani Willis, and Alvin Bragg. And who knows, even a couple of judges might be ensnared.
Because Smith was never legally appointed, does he have personal legal liability for his actions?
At bare minimum it should cost them everything they’ve got personally and financially, just like what they did to General Flynn and many others
All the more reason to proceed with many suits. He gets to pick the jurisdiction, say Palm Beach County, where he lives and is loved. Also knowing that the biggest pockets of them all, the US Government, is footing the bill could lead to a claim in the billions for each case.
EC
If he was not legally appointed; it should follow that he doesn’t have qualified immunity.
The FBI’s raid on Mar-a-Lago.......under orders to “shoot to kill” has
taken on an ominous new meaning in light of Trump getting shot in Pa.
Reference: FBI Was Prepared to Use ‘Deadly Force’ at Mar-a-Lago Raid
Published May 21, 2024, By Nick Mordowanec, Staff Writer, newsweek.com
A new court filing unsealed Tuesday provides a behind-the-scenes look at how federal agents prepared for and executed the raid on Donald Trump’s Mar-a-Lago residence in August 2022, including “deadly force” being within the mission’s guidelines.
The raid led to the search and seizure of hundreds of documents containing classified information, ultimately leading to criminal charges against Trump. Last June, the presumptive Republican presidential nominee pleaded not guilty to 37 charges associated with his alleged lack of returning classified material after his term in the White House concluded.
The former president’s motion in the U.S. District Court for the Southern District of Florida challenges the legality of the FBI’s raid, in addition to the Special Counsel’s Office allegedly violating his attorney-client privilege.
An “operations order” of the 9 a.m. raid that was produced in discovery contained a “policy statement” regarding the “use of deadly force,” which said in part: “Law enforcement officers of the Department of Justice may use deadly force when necessary.”
“The FBI followed standard protocol in this search as we do for all search warrants, which includes a standard policy statement limiting the use of deadly force,” an FBI spokesperson told Newsweek via email. “No one ordered additional steps to be taken and there was no departure from the norm in this matter.”
Agents at the scene of the raid, who were instructed to wear unmarked polo or collared shirts, had planned to bring “standard issue weapons, ammo, handcuffs and medium and large sized bolt cutters.”
A contingencies plan was also created in cohesion with the raid, showing that a paramedic be at the scene in case someone is “injured.” The name of the nearest local trauma center, complete with an address and a phone number, was included on the same form.
Contingencies also said that agents “will be prepared to engage with” Trump and U.S. Secret Service should he have arrived at Mar-a-Lago.
The criminal case, one of four currently involving the former president, has led to tense back-and-forth exchanges between Trump, his legal team and Special Counsel Jack Smith of the Department of Justice (DOJ). The ex-president has been in a Manhattan courtroom as his hush money criminal trial continues.
The filing also included Trump’s lawyers arguing that the August 8, 2022, raid at Mar-a-Lago was “unconstitutional” and that evidence obtained at the property was an “unlawful violation of President Trump’s attorney-client privilege by the Special Counsel’s Office.”
They called the raid an armed “storming” of a private residence, meant to aid “chief political rival” President Joe Biden while being “personally authorized by Attorney General [Merrick] Garland, and supported over FBI objections by DOJ leadership who did not ‘give a damn about the optics’ of these unprecedented steps.”
Another concern presented by the Trump legal team is that the warrant for the raid itself was flawed and did not meet the criteria of the Fourth Amendment, in that the general warrant allowed a complete search of the 17-acre estate containing 58 bedrooms and 33 bathrooms instead of being confined to specific areas where documents were believed to be stored.
Agents purportedly looked at rooms including a gym, a kitchen, former first lady Melania Trump’s master bedroom suite, and a child’s bedroom suite used by Trump’s son, Barron.
Documents allegedly discovered during the raid, which did not conclude until about 6:40 p.m. that day, were only found in a storage room and in or near a “45 office.”
Update 05/22/24, 11:45 a.m. ET: This story was updated with comment from the FBI.
Very nice post with some very nice facts, thank you for taking the time to inform us.
What about Criminal Prosecution for Impersonating an Officer of the United States and every crime he committied while perpetrating this FRAUD???
He’s got a valid case against smith and the DOJ.. Sue the for billions. Next will be Fulton county and Fani.
“Brother. You sue TF outta every single liberal hack you want and I’ll donate what I can to help.”
My exact same first thot.
Just do it!
FAFO
Jack Smith needs to be made an example of the how the democrat party democracy operates so it can never happen again.
Destroy the Bolsheviks save America.
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