"The story was first reported, shockingly, not by The Onion but the New York Times. Donald J. Trump, private citizen, has filed two claims (through a mandatory bureaucratic process) notifying the Justice Department that he might sue for damages for a litany of purported wrongs: the DoJ's investigation of Russian interference in the 2016 election; the court-authorized search of Trump's Mar-a-Lago residence; the indictments brought by Jack Smith. The president has demanded the modest sum of $230 million to make him whole again."
"The process at work here, as prescribed by the Federal Tort Claims Act, typically is unremarkable, bureaucratic, boring even. After a potential litigant files the required administrative notice, the Justice Department can decide to either (1) pay a settlement or (2) reject the claim - in which case the potential litigant can then file an actual lawsuit. It's good government, grinding slowly."
"But Trump's claim presents two intractable problems. First, we've got the most glaring conflict of interest in the history of humankind. As Trump himself observed, "It's awfully strange to make a decision where I'm paying myself." (Indeed.) He mused aloud, "In other words, did you ever have one of those cases where you have to decide how much you're paying yourself in damages?" (Personally, no, I haven't.)"
Donald J. Trump filed two administrative claims under the Federal Tort Claims Act seeking $230 million for alleged wrongs including the DoJ's Russia investigation, the Mar-a-Lago search, and Jack Smith indictments. The FTCA process allows the Justice Department to either pay a settlement or reject the claim, after which a suit may be filed. A central problem is a stark conflict of interest because decisions on large settlements would initially fall to Deputy Attorney General Todd Blanche, who previously served as Trump's private criminal-defense counsel in related matters. That arrangement risks taxpayer funds covering legal bills tied to the same client.
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