The lawsuit alleges "political persecution" by the DOJ when it raided Mar-a-Lago and claimed to have recovered classified documents that Trump had allegedly taken from the White House in 2021.

The case against Trump in Florida was dismissed in July by Judge Aileen Cannon, who stated that the appointment of special prosecutor Jack Smith by the federal government was illegal. However, prior to its dismissal, legal experts viewed the documents case as the most significant among Trump's four criminal indictments, given the nature of the alleged crime and the evidence presented by the FBI.

Donald Trump now seeks damages from the federal government, citing "tortious conduct" on the part of the DOJ for its attempt to prosecute him on allegations of violating the Espionage Act. Rich Schoenstein, a New York-based trial lawyer, labeled this potential litigation as a "show lawsuit" that is unlikely to succeed. He emphasized that "abuse of process claims" are notoriously difficult to sustain.

Schoenstein further highlighted the numerous unsuccessful lawsuits that were filed after the 2020 Presidential Election as fundraising ploys and a means for Trump to portray himself as a victim. Echoing this sentiment, he questioned the credibility and chances of success for Trump's lawsuit seeking damages.

Although Jack Smith's appointment as a prosecutor for Donald Trump was deemed illegal by Judge Aileen Cannon, he is still pursuing charges against the former president in a separate election subversion case. Trump's attorney, Daniel Epstein, has filed a notice with the DOJ, notifying them of his client's intention to sue. Epstein has given the DOJ a 180-day ultimatum to resolve the matter or face a court battle in the Southern District of Florida.

Epstein alleges that the DOJ treated Trump differently from other suspects and deviated from established protocols that require the consent of an investigative target and disclosure to their attorneys. He also accuses the DOJ of engaging in political persecution rather than adhering to good law enforcement practices.

Epstein's memo singles out FBI Director Christopher Wray and U.S. Attorney General Merrick Garland, both of whom are named as having approved the raid and subsequent indictment of President Trump. According to Epstein, the well-established protocol with former U.S. presidents should involve using non-enforcement means to obtain records of the United States.

It remains to be seen how the lawsuit will unfold, given the complexities surrounding abuse of process claims and the dismissal of the Florida case. Trump's quest for a $100 million payday from the federal government continues to generate controversy and debate.