Trump is suing for $100 million in damages over the unprecedented raid on his Mar-a-Lago estate in Palm Beach, Florida two years ago. His lawyers argue it was done with "clear intent to engage in political persecution."
The raid led to the appointment of Special Counsel Jack Smith, who went on to bring 37 felony charges against Trump, who pleaded not guilty to all counts.
U.S. District Judge Aileen Cannon ultimately dismissed Smith's case against Trump altogether, ruling that Smith was unlawfully appointed and funded, citing the Appointments Clause in the Constitution.
"The most important thing to consider is that the Trump team is relying upon the Supreme Court's decision in the immunity case in which it concluded that the president has absolute immunity for official acts," notes Abraham Hamilton III, public policy analyst for the American Family Association.
"Combine that with the Supreme Court's decision regarding the unlawful appointment of Jack Smith, and those two factors are undergirding President Trump's lawsuit," he adds. "Simply put, Jack Smith's appointment was illegal; therefore, the raid upon [Trump's] home in Mar-a-Lago was illegal."
To avoid further embarrassment and an eventual potential loss before jurors, Hamilton expects the DOJ to settle this case.
"I think the Trump team could have a cogent case, but I don't expect it necessarily to reach the jury stage," says Hamilton. "I think a settlement would probably be entered into before we get to the jury in this instance."
Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates AFN.net.
