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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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Berkshire advances on surge in earnings, but questions linger about cash

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Warren Buffett walks the floor ahead of the Berkshire Hathaway Annual Shareholders Meeting in Omaha, Nebraska on May 3, 2024. 

David A. Grogen | CNBC

Berkshire Hathaway shares got a boost after Warren Buffett’s conglomerate reported a surge in operating earnings, but shareholders who were waiting for news of what will happen to its enormous pile of cash might be disappointed.

Class A shares of the Omaha-based parent of Geico and BNSF Railway rose 1.2% premarket Monday following Berkshire’s earnings report over the weekend. Berkshire’s operating profit — earnings from the company’s wholly owned businesses — skyrocketed 71% to $14.5 billion in the fourth quarter, aided by insurance underwriting, where profits jumped 302% from the year-earlier period, to $3.4 billion.

Berkshire’s investment gains from its portfolio holdings slowed sharply, however, in the fourth quarter, to $5.2 billion from $29.1 billion in the year-earlier period. Berkshire sold more equities than it bought for a ninth consecutive quarter in the three months of last year, bringing total sale of equities to more than $134 billion in 2024. Notably, the 94-year-old investor has been aggressively shrinking Berkshire’s two largest equity holdings — Apple and Bank of America.

As a result of the selling spree, Berkshire’s gigantic cash pile grew to another record of $334.2 billion, up from $325.2 billion at the end of the third quarter. 

In Buffett’s annual letter, the “Oracle of Omaha” said that raising a record amount of cash didn’t reflect a dimming of his love for buying stocks and businesses.

“Despite what some commentators currently view as an extraordinary cash position at Berkshire, the great majority of your money remains in equities,” Buffett wrote. “That preference won’t change.”

He hinted that high valuations were the reason for sitting on his hands amid a raging bull market, saying “often, nothing looks compelling.” Buffett also endorsed the ability of Greg Abek, his chosen successor, to pick equity opportunities, even comparing him to the late Charlie Munger.

Meanwhile, Berkshire’s buyback halt is still in place as the conglomerate repurchased zero shares in the fourth quarter and in the first quarter of this year, through Feb. 10.

Some investors and analysts expressed impatience with the lack of action and continued to wait for an explanation, while others have faith that Buffett’s conservative stance will pave the way for big opportunities in the next downturn.

“Shareholders should take comfort in knowing that the firm continues to be managed to survive and emerge stronger from any economic or market downturn by being in a financial position to take advantage of opportunities during a crisis,” said Bill Stone, chief investment officer at Glenview Trust Company and a Berkshire shareholder.

Berkshire is coming off a strong year, when it rallied 25.5% in 2024, outperforming the S&P 500 — its best since 2021. The stock is up more than 5% so far in 2025.

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Stocks making the biggest moves premarket: DPZ, BABA, RIVN, PLTR

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China strives to attract foreign investment amid geopolitical tensions

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Tensions between the world’s two largest economies have escalated over the last several years.

Florence Lo | Reuters

BEIJING — China is trying yet again to boost foreign investment, amid geopolitical tensions and businesses’ calls for more concrete actions.

On Feb. 19, authorities published a “2025 action plan for stabilizing foreign investment” to make it easier for foreign capital to invest in domestic telecommunication and biotechnology industries, according to a CNBC translation of the Chinese.

The document called for clearer standards in government procurement — a major issue for foreign businesses in China — and for the development of a plan to gradually allow foreign investment in the education and culture sectors.

“We are looking forward to see this implemented in a manner that delivers tangible benefits for our members,” Jens Eskelund, president of the European Union Chamber of Commerce in China, said in a statement Thursday.

The chamber pointed out that China has already mentioned plans to open up telecommunications, health care, education and culture to foreign investment. Greater clarity on public procurement requirements is a “notable positive,” the chamber said, noting that “if fully implemented,” it could benefit foreign companies that have invested heavily to localize their production in China.

There will be a 'stronger push' for foreign direct investments by the Chinese government: Strategist

China’s latest action plan was released around the same time the Commerce Ministry disclosed that foreign direct investment in January fell by 13.4% to 97.59 billion yuan ($13.46 billion). That was after FDI plunged by 27.1% in 2024 and dropped by 8% in 2023, after at least eight straight years of annual growth, according to official data available through Wind Information.

All regions should “ensure that all the measures are implemented in 2025, and effectively boost foreign investment confidence,” the plan said. The Ministry of Commerce and National Development and Reform Commission — the economic planning agency — jointly released the action plan through the government’s executive body, the State Council.

Officials from the Commerce Ministry emphasized in a press conference Thursday that the action plan would be implemented by the end of 2025, and that details on subsequent supportive measures would come soon.

“We appreciate the Chinese government’s recognition of the vital role foreign companies play in the economy,” Michael Hart, president of the American Chamber of Commerce in China, said in a statement. “We look forward to further discussions on the key challenges our members face and the steps needed to ensure a more level playing field for market access.”

AmCham China’s latest survey of members, released last month, found that a record share are considering or have started diversifying manufacturing or sourcing away from China. The prior year’s survey had found members were finding it harder to make money in China than before the Covid-19 pandemic.

Consumer spending in China has remained lackluster since the pandemic, with retail sales only growing by the low single digits in recent months. Tensions with the U.S. have meanwhile escalated as the White House has restricted Chinese access to advanced technology and levied tariffs on Chinese goods.

‘A very strong signal’

While many aspects of the action plan were publicly mentioned last year, some points — such as allowing foreign companies to buy local equity stakes using domestic loans — are relatively new, said Xiaojia Sun, Beijing-based partner at JunHe Law.

She also highlighted the plan’s call to support foreign investors’ ability to participate in mergers and acquisitions in China, and noted it potentially benefits overseas listings. Sun’s practice covers corporates, mergers and acquisitions and capital markets.

The bigger question remains China’s resolve to act on the plan.

“This action plan is a very strong signal,” Sun said in Mandarin, translated by CNBC. She said she expects Beijing to follow through with implementation, and noted that its release was similar to a rare, high-profile meeting earlier in the week of Chinese President Xi Jinping and entrepreneurs.

That gathering on Feb. 17 included Alibaba founder Jack Ma and DeepSeek’s Liang Wenfeng. In recent years, regulatory crackdowns and uncertainty about future growth had dampened business confidence and foreign investor sentiment.

China needs to strike a balance between tariff retaliation and stabilizing FDI, Citi analysts pointed out earlier this month.

“We believe China policymakers are likely cautious about targeting U.S. [multinationals] as a form of retaliation against U.S. tariffs,” the analysts said. “FDI comes into China, bringing technology and know-how, creating jobs, revenue and profit, and contributing to tax revenue.” 

In a relatively rare acknowledgement, Chinese Commerce Ministry officials on Thursday noted the impact of geopolitical tensions on foreign investment, including some companies’ decision to diversify away from China. They also pointed out that foreign-invested firms contribute to nearly 7% of employment and around 14% of taxes in the country.

Previously, official commentary from the Commerce Ministry about any drop in FDI tended to focus only on how most foreign businesses remained optimistic about long-term prospects in China.

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