Yes, President Trump and Everyone Hunted by the DOJ Should be Compensated

President Trump and everyone around him who were merciless tormented by the government for years are entitled to damages--not just to recoup financial losses but to ensure this doesn't happen again.

The rage du jour relates to news that President Trump is not abandoning his pursuit of recouping part of the massive financial losses he incurred fighting the government’s decade-long lawfare against him. On Tuesday, the New York Times confirmed the president is seeking a total of $230 million in damages for defending himself in both the Russiagate investigation and the unprecedented criminal cases brought by Special Counsel Jack Smith.

While the president’s Russiagate-related administrative complaint has not been made public, the president’s pending tort claim, filed in 2024, seeks punitive damages of $100 million for the raid of his Mar-a-Lago residence and Smith’s subsequent indictment against the president for allegedly retaining classified documents. “The investigation and prosecution of President Trump—so starkly different than the Department of Justice’s standard operating procedures in similar cases—does not reflect a law enforcement purpose but instead aims to advance a political scheme,” the claim reads. “No procedure of the Department of Justice justifies the use of prosecutorial resources for such a political result.”

Although both claims were filed before he won the presidency, Trump and his DOJ must now deal with the extraordinary, and unprecedented, situation created by his victory—which involves potential decision-making by at least one of the president’s former defense attorneys, Todd Blanche. As deputy attorney general, Blanche is one of two officials needed to sign any settlement in that amount, according to Justice Department protocol.

But it took about a nanosecond for Democrats and the soft white bellies at NeverTrump outlets such as National Review to rage in opposition to such a proposal. Charles Cooke, senior editor at NR, bleated that any settlement on behalf of the president “would be so impeachable there are barely words to describe it.” When pressed to go ahead and try, Cooke failed to do so in any convincing manner. “Yes, but now he’s the president, and, under Article II, is in charge of the executive branch—which is not ‘independent,’ whatever progressives say—and quite obviously he can’t be president and pay himself hundreds of millions of dollars from the executive,” Cooke posted.

Democrats echoed Cooke’s weak argument. Maryland Senator Chris Van Hollen, last seen sharing a margarita with longtime criminal and illegal alien Kilmar Abrego Garcia, claimed Trump was “extorting his own Justice Department.” Democrats on the House Judiciary Committee also insisted that any settlement would violate the Constitution: “This is exactly why the Constitution forbids the president from taking any money from the government outside of his official salary.”

Where Were the ‘Constitutional’ Referees Way Back When?

Unprecedented times, however, call for unprecedented measures. First, it is not at all clear whether a reward of damages for past government actions unrelated to the presidency represents a violation of the Emoluments Clause of the Constitution under Article II. (And since self-proclaimed Constitutional expert Cooke failed to articulate how it would, let’s assume it does not.) Trump, for his part, indicated he planned to donate any settlement funds to charity.

Second, any settlement would likely fall far short of making the president whole for the hundreds of millions he spent defending himself over the past several years. According to the tort claim in the documents case, the president spent $15 million as of August 2024 on his team of lawyers in Florida; that figure does not include legal and associated costs incurred before Smith indicted Trump in June 2023 in the documents matter.

Keep in mind, the Biden DOJ immediately opened investigations into Trump for taking classified papers and for inciting the events of January 6. Starting as early as the spring of 2021, the president and his team had to fight nonstop DOJ attempts to obtain presidential records, attorney-client privileged material, and other evidence related to both investigations. (This does not include what Team Trump spent challenging similar demands by the January 6 Select Committee.)

The legal pursuit of the president—not just at the federal level but additional cases in Georgia and New York—reportedly cost him about $60 million per year. And while some may argue personal compensation is not necessary since Trump’s political action committees footed most of the legal bills, the ongoing costs ate away at critical campaign funds. For example, Trump’s Save America PAC spent more in legal fees in March 2024 than it raised.

How do the Charles Cookes of the world justify the fact that Joe Biden’s DOJ forced Donald Trump to spend millions of dollars in campaign funds each month, which gave Biden then Kamala Harris a huge advantage during the 2024 presidential campaign? Did that not cross any Constitutional lines?

No Solutions Other Than Cheek-Turning…Again

Further—and this is the most underreported yet important aspect of the issue—Judge Aileen Cannon dismissed the documents indictment in July 2024 after concluding Smith’s appointment violated the Constitution. “None of the statutes cited as legal authority for the appointment— 28 U.S.C. §§ 509, 510, 515, 533—gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith,” Cannon wrote in a 93-page order. “Nor do the Special Counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise.”

That means the classified documents indictment was the fruit of a poisonous tree, an unlawful case brought by an unlawful representative of the federal government. Even though Smith immediately appealed Cannon’s order, he abandoned that effort after the president won the election.

Which means Cannon’s judgement stands.

So, is the president just expected to sustain the massive financial hit he took after being relentlessly pursued by a vengeful political rival (Biden) who used every lever of government power to try to take down not just Trump but everyone around him? Is Trump supposed to forgive and forget what a lawless, reckless, demonstrably corrupt prosecutor and his team of thugs did to him and his family because of some lame interpretation of the Emoluments Clause?

So are we to believe it was acceptable for the Biden DOJ to have spent upwards of $100 million on baseless investigations into Trump—cases supported by National Review, by the way—but it is unacceptable for the Trump DOJ to compensate the victim, or victims, of those baseless investigations?

If Cooke and his ilk had their way, Trump’s legal tormentors including Jack Smith would be allowed to go quietly into the night facing no consequences at all. That, of course, is a prescription for a repeat of history the next time Democrats wield power again in Washington.

To ensure it does not happen again, Trump and every single Trump associate, White House aide, Republican lawmaker, and longtime friend ensnared by the greasy hooks of the Biden DOJ and Jack Smith in particular should be paid back in full, and then some. Unfortunately, the government can’t take the money out of the pockets of those individuals responsible—but this DOJ can send a message that political lawfare has a very big cost in more ways than one.