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Trump plans to file a $100 million lawsuit against the Justice Department over Mar-a-Lago search and ‘witch hunts’

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Republican presidential nominee, former U.S. President Donald Trump walks toward the stage to speak at a rally at the Brick Breeden Fieldhouse at Montana State University on August 9, 2024 in Bozeman, Montana. 

Michael Ciaglo | Getty Images News | Getty Images

An attorney for former President Donald Trump has filed a legal notice announcing that his client plans to sue the Justice Department and the FBI for $115 million for alleged “malicious political prosecution” and “abuse of process.”

The notice, a copy of which NBC News obtained Monday, baselessly accuses DOJ leadership and Special Counsel Jack Smith of having perpetrated a “malicious political prosecution aimed at affecting an electoral outcome to prevent President Trump from being re-elected” — a frequent accusation that Trump makes online and during campaign events.

“This malicious prosecution led President Trump to spend tens of millions of dollars defending the case and his reputation,” Trump attorney Daniel Z. Epstein wrote in a notice of claim against the department. Epstein is a former Trump White House lawyer who is now vice-president of America First Legal, the legal group founded by former Trump adviser Stephen Miller.

The filing complains that the FBI’s court-approved search for classified documents at Trump’s Florida estate in August of 2022 was improper, as was Trump’s subsequent indictment for the scores of sensitive classified documents that agents turned up during the search. Trump had pleaded not guilty.

The filing, which was first reported by Fox News, said the search violated “well-established protocol” involving former presidents and cites a Trump social media post after the search saying the government could have had the records “anytime they wanted.”

“All they had to do was ask,” the Truth Social post said. The filing does not mention the multiple requests from the National Archives and the Justice Department for Trump to return the records. The DOJ had also issued a subpoena for the return of such documents in May of 2022, and an attorney for Trump signed a declaration stating they had all been returned that June. The search warrant was executed after investigators got information that they had been misled.

The notice of claim maintains DOJ’s “process” was “unconstitutional.”

It says Smith “brought a lawless criminal indictment” that stemmed from the search in July of last year, and noted that the case was dismissed by U.S. District Judge Aileen Cannon last month. Cannon, who Trump nominated to the bench, dismissed the case on the grounds that Smith’s appointment as special counsel and the funding for his probe were illegal.

Other federal judges have rejected similar arguments involving previous special counsels. Smith is appealing Cannon’s decision.

The Justice Department declined to comment.

Steven Cheung, a spokesperson for Trump’s campaign, said the action is part of Trump’s fight against the “weaponized Department of Justice” and that the criminal case against Trump “should be immediately dismissed in order to bring unity back to our Nation.”

The notice filed by Trump is a necessary step in filing most civil damages claims against the government. There is no concrete time limit for a response, but if a claimant has not received a “final disposition” within six months of sending the claim, then the claimant can treat that silence as a denial and file suit. The filing suggests that the suit would be filed in the same Florida district where Cannon sits.

The filing was signed on Aug. 7, one day before the two-year anniversary of the search. The claim form says “Failure to completely execute this form or to supply the requested material within two years from the date the claim accrued may render your claim invalid.” 

The filing says Trump is seeking “$15 million in actual harm due to his legal costs in defending the Special Counsel proceedings before the U.S. District Court for the Southern District of Florida.” It’s unclear how much of that money came from Trump personally. NBC News has reported previously that Trump appeared to be using money from a political action committee for his legal fees.

He’s also seeking $100 million in punitive damages.

In a pending appeal of writer E. Jean Carroll’s $83 million defamation verdict against Trump, his attorneys have argued the verdict should be reduced in part because the punitive damages are about four times the amount of the compensatory damages. The amount he’s seeking in this case is over six times the amount of compensatory damages.

It’s unclear what would happen to the action if Trump is elected president again in November, and whether he would be able to direct the Justice Department to pay what he’s seeking.

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China’s response to U.S. tariffs will likely focus on stimulus, trade

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Chinese national flags flutter on boats near shipping containers at the Yangshan Port outside Shanghai, China, February 7, 2025. 

Go Nakamura | Reuters

BEIJING — China’s reaction to new U.S. tariffs will likely focus on domestic stimulus and strengthening ties with trading partners, according to analysts based in Greater China.

Hours after U.S. President Donald Trump announced additional 34% tariffs on China, the Chinese Ministry of Commerce called on the U.S. to cancel the tariffs, and vowed unspecified countermeasures. The sweeping U.S. policy also slapped new duties on the European Union and major Asian countries.

Chinese exports to the U.S. this year had already been hit by 20% in additional tariffs, raising the total rate on shipments from China to 54%, among the highest levied by the Trump administration. The effective rate for individual product lines can vary.

But, as has been the case, the closing line of the Chinese statement was a call to negotiate.

“I think the focus of China’s response in the near term won’t be retaliatory tariffs or such measures,” said Bruce Pang, adjunct associate professor at CUHK Business School. That’s according to a CNBC translation of the Chinese-language statement.

Instead, Pang expects China to focus on improving its own economy by diversifying export destinations and products, as well as doubling down on its priority of boosting domestic consumption.

Watch for cascading tariffs as tariffs reroute trade within Asia, says economist

China, the world’s second-largest economy, has since September stepped up stimulus efforts by expanding the fiscal deficit, increasing a consumption trade-in subsidy program and calling for a halt in the real estate slump. Notably, Chinese President Xi Jinping held a rare meeting with tech entrepreneurs including Alibaba founder Jack Ma in February, in a show of support for the private sector.

The policy reversal — from regulatory tightening in recent years — reflects how Beijing has been “anticipating the coming slowdown or even crash in exports,” Macquarie’s Chief China Economist Larry Hu said in a report, ahead of Trump’s latest tariff announcement. He pointed out that the pandemic-induced export boom of 2021 enabled Beijing to “launch a massive regulatory campaign.”

“My view stays the same,” Hu said in an email Thursday. “Beijing will use domestic stimulus to offset the impact of tariffs, so that they could still achieve the growth target of ‘around 5%.'”

Instead of retaliatory tariffs, Hu also expects Beijing will focus on still using blacklists, export controls on critical minerals and probes into foreign companies in China. Hu also anticipates China will keep the yuan strong against the U.S. dollar and resist calls from retailers to cut prices — as a way to push inflationary pressure onto the U.S.

China’s top leaders in early March announced they would pursue a target of around 5% growth in gross domestic product this year, a task they emphasized would require “very arduous work” to achieve. The finance ministry also hinted it could increase fiscal support if needed.

About 20% of China’s economy relies on exports, according to Goldman Sachs. They previously estimated that new U.S. tariffs of around 60% on China would lower real GDP by around 2 percentage points. The firm still maintains a full-year forecast of 4.5% GDP growth.

Changing global trade

What’s different from the impact of tariffs under Trump’s first term is that China is not the only target, but one of a swath of countries facing hefty levies on their exports to the U.S. Some of these countries, such as Vietnam and Thailand, had served as alternate routes for Chinese goods to reach the U.S.

At the Chinese export hub of Yiwu on Thursday, businesses seemed nonchalant about the impact of the new U.S. tariffs, due to a perception their overseas competitors wouldn’t gain an advantage, said Cameron Johnson, a Shanghai-based senior partner at consulting firm Tidalwave Solutions.

He pointed out that previously, the U.S. had focused its trade measures on forcing companies to remove China from their supply chains and go to other countries. But Chinese manufacturers had expanded overseas alongside that diversification, he said.

“The reality is this [new U.S. tariff policy] essentially gives most of Asia and Africa to China, and the U.S. is not prepared,” Johnson said. He expects China won’t make things unnecessarily difficult for U.S. businesses operating in the country and instead will try harder to build other trade relationships.

Since Trump’s first four-year term ended in early 2021, China has increased its trade with Southeast Asia so much that the region is now Beijing’s largest trading partner, followed by the European Union and then the U.S.

The 10 member states of the Association of Southeast Asian Nations (ASEAN) joined China, Japan, South Korea, Australia and New Zealand in forming the world’s largest free trade bloc — the Regional Comprehensive Economic Partnership (RCEP) — which came into being in early 2022. The U.S. and India are not members of the RCEP.

“RCEP member countries will naturally deepen trade ties with one another,” Yue Su, principal economist, China, at the Economist Intelligence Unit, said in a note Thursday.

“This is also partly because China’s economy is likely to remain the most — or at least among the most—stable in relative terms, given the government’s strong commitment to its growth targets and its readiness to deploy fiscal policy measures when needed,” she said.

Uncertainties remain

The extent to which all countries will be slapped with tariffs this week remains uncertain as Trump is widely expected to use the duties as a negotiating tactic, especially with China.

He said last week the U.S. could lower its tariffs on China to help close a deal for Beijing-based ByteDance to sell TikTok’s U.S. operations.

But the level of new tariffs on China was worse than many investors expected.

“Unlike some of the optimistic market forecasts, we do not expect a US-China bilateral grand bargain,” Ting Lu, chief China economist at Nomura, said in a note Thursday.

“We expect tensions between these two mega economies to worsen significantly,” he said, “especially as China has been making large strides in high-tech sectors, including AI and robotics.”

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