Former President Donald Trump has filed claims for approximately $230 million under the Federal Tort Claims Act. This 1946 law finally allows citizens to be compensated by the state when the government acts wrongfully through its federal employees. The claims center around two high-profile investigations: the FBI’s search of his Mar-a-Lago estate and the inquiry into alleged Russian interference in the 2016 presidential election.
In August 2024, Trump countersued. He claimed “malicious prosecution” over the search of Mar-a-Lago, which resulted in criminal charges against him for keeping classified documents under wraps. And yet, he claims, the government has a duty to compensate him handsomely. He contends that, starting with the Mar-a-Lago indictment, politically charged investigations have made it impossible for him to mount any meaningful presidential campaign.
In his surprisingly on-the-nose reply during a recent interview, Trump said he didn’t know how much money he was talking about. Further, he implied that he had not yet spoken directly with federal government officials about the issue. He further wrote on how he would spend any future profits he would be entitled to.
“It’s interesting, ’cause I’m the one that makes the decision, right?” – Donald Trump
Trump’s claims include the broader investigation into any collusion between his campaign and Russian operatives. This investigation still to this day haunts Trump and frustrates him, even years after it’s settled. So far, his legal team has pushed back against these investigations by claiming that they were politically motivated, which has already cost him millions in legal defenses.
Those key allies of Trump now are the Justice Department’s top political appointees. This introduces more nuance to the landscape of these claims. Stanley Woodward, who once represented Trump’s co-defendant Walt Nauta, has recently joined the ranks of associate attorney generals. Meanwhile, Todd Blanche, who served as Trump’s lead defense attorney during the Mar-a-Lago case, has ascended to deputy attorney general.
It is important to note that the Federal Tort Claims Act specifically prohibits claims arising from discretionary or policy actions. Consequently, a president’s claim for damages concerning law enforcement probes of their conduct would likely fall outside the statute’s intended reach. This assertion would probably be ruled as contrary to the law’s plain meaning.
Moreover, Special Counsel Jack Smith withdrew charges against Trump last November on the grounds of Justice Department policy prohibiting the indictment of sitting presidents. This dismissal highlights the complicated legal terrain underlying Trump’s allegations.
Trump has said he’ll use any financial proceeds to pay for a ballroom he’s already planning on building at the White House. He could do better and just donate the money to something else. The implications of these claims raise questions about the appropriateness of a president determining taxpayer compensation for investigations into their own actions as a defendant.