Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday that any lawsuit brought by former President Donald Trump against the Department of Justice over its raid of Mar-a-Lago would be in vain because although it was wrong, it was "not unlawful."
Napolitano joined "Carl Higbie FRONTLINE" to discuss the weekend report that Trump is preparing to sue the DOJ over the 2022 raid, claiming "political persecution."
"I wish he had a case. I wish that the government, when it harms somebody by its excess, was held to the same standards that you and I and everybody watching us now are held to," Napolitano told Higbie.
However, "the government has immunized itself from the consequences of its own misdeeds, particularly with respect to law enforcement," he said.
"I think Trump should file the complaint. I think he should make a big deal out of it. And I think his lawyers should make a big deal out of it," Napolitano added. "But a federal judge is going to say to his lawyers, 'Don't you know the government can't be sued because there was a legitimate grand jury presentation and a legitimate indictment and a legitimate environment affidavit before a legitimate federal judge?'"
At the heart of the raid was Trump's alleged mishandling of classified documents, which led to special counsel Jack Smith bringing 40 criminal counts against the Republican presidential nominee. Although U.S. District Judge Aileen Cannon dismissed the case last month, ruling that special counsel Smith's appointment was unlawful, Napolitano said that wouldn't help Trump's lawsuit because that was "not known and not determined until after the charges against them were filed and after the raid on Mar-a-Lago."
"Like I said, he should make the most out of this for political reasons, because what happened to him was wrong, but not unlawful."
Further, Napolitano thinks Cannon's ruling will get reversed on appeal.
"The reason I think she's going to be reversed is 10 other trial judges have looked at this same issue, not with respect to Jack Smith, but with respect to other special counsels appointed by this attorney general. And they've all said it's OK," he said. "But let's say I'm wrong. Let's say a federal Circuit Court of Appeals, the 11th Circuit sitting in Arkansas, upholds her. That still will not give Trump a successful path to sue the government.
"But he knows how to turn a lemon into a lemonade. He knows how to make political hay out of this," Napolitano said.
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Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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