Since the Supreme Court liberated Trump from criminal liability in Trump v. United States, the Donald’s assault on legality has been non-stop and unrelenting. There are so many examples that we could examine, but I want to examine one particular issue, because it’s one that (as a former government lawyer) I have some familiarity with.

And that issue is Trump’s demand for $230 million compensation under the Federal Tort Claims Act.

So, let’s back up for a minute and answer the question, what is a tort claim act?

Federal Tort Claims Act

And briefly, a tort claims act is a way for citizens to sue their own government when they’ve been damaged by the government’s negligence. Historically, under English common law, the King could not be sued in his own courts (“The King can do no wrong”). This doctrine carried over into the U.S., where for much of American history, the federal and state governments were immune from civil lawsuits unless they expressly consented. In 1946, Congress enacted the Federal Tort Claims Act, to replace the system of ad hoc compensation that had grown over the years.

The way the Tort Claims Act works is that one has to make an official claim for a tort committed by one or more federal employees working within the scope of their employment. A tort is not a crime, but typically an accident where someone is injured. 

• So, with respect to the federal government, a car accident caused by a postal worker delivering mail would be a good example of a tort. 
• Another example might be a medical malpractice case against a doctor at a federally funded health clinic. 

The claim must be based on negligence (and not an intentional tort or a crime); if the federal employee was acting within their discretion (such as a federal judge), that will disqualify the claim. In other words, the Tort Claims Act is a very limited and specific exception to the rule that you cannot sue the federal government.

In order to make a claim you have to provide a presentment within two years of the incident; the claim must indicate the specific amount of money sought. The agency against whom the claim is made has six months to investigate and either approve or deny the claim. If the agency denies the claim (or fails to act within six months) the claimant can file in federal district court.

Trump’s Claims

Trump had made two claims (1) about the Aug. 8, 2022 search at Mar-a-Lago, and (2) about the “Crossfire Hurricane” Russia investigation back in 2016. The first claim is for $100 million and the second is for $130 million. It appears that most of these damages are “punitive” as opposed to “actual.”

Of course, punitive damages are not allowed under the tort claims act.

And that is only one of many problems with these two claims. These problems include:

• First, neither of the claims involves a tort.
• Second, both of the claims involve the discretionary function exception because they are part of an investigation. 
• Third, in the Mar-a-Lago case the upper damage limit is $200,000 because that is the tort claims limit in the state of Florida.
• Fourth, the “Russia” investigation is barred by the two year statute of limitations since it took place back in 2016, and in any case, Trump could have made the claim in the four years that he was out of office. (Just a quick reminder that the Mueller report did not exonerate Trump but that DOJ internal rules did not allow the prosecution of a sitting president).
• And fifth, as already mentioned above, the Tort Claims Act does not allow for punitive damages.

But really, most astonishing of all, Trump has asked his own Department of Justice to investigate the previous actions of the Department of Justice.

No President has ever made a FTCA against his own government. No Governor has ever made a tort claim against his state’s government. It is a complete and 100% conflict of interest.

And who, in this Department of Justice, is going to tell Donald Trump that he cannot have his $230 million?

• Donald Trump has already received $16 million from CBS on a meritless defamation claim so that the Skydance merger could go through.
• Donald Trump has already received $15 million from ABC on a very weak defamation claim so that Disney/ABC could get regulatory clearance for a spinoff of ESPN and Hulu assets

And for those who argue that Trump has given up his $400,000 presidential salary, I can only say, give me an effing break. It’s estimated that Trump has increased his personal wealth by approximately $3 billion since the beginning of his second term, much of it through cryptocurrencies. 

By the way, Trump gets a one-time $100,000 for redecoration of the White House. The new East Wing ballroom is expected to cost over $300 million (or 3000 times the allowed limit), and while Trump claims it is privately funded, most donors remain anonymous or undisclosed. The financing is routed through a nonprofit, allowing contributors to deduct donations and shield their identities.

Trump’s Corruption

It will take historians literally years to unravel the corruption of this Trump administration.

Trump doesn’t want that $230 million because he needs the money. He’s just peeved that he was ever investigated for anything, and he’s going to get himself compensated.

This, then, is just one of many examples one could cite that expose the glaring illegality of the Trump administration.

Trump himself will never see the inside of a jail cell, the Supreme Court has pretty much seen to that. His administration, however, is not so shielded.

That is why Steve Bannon recently said that if Republicans lose the 2026 midterms and the 2028 presidential election, “some in this room are going to prison, myself included.” (Bannon made the remark on November 5, 2025, at a gathering hosted by the Conservative Partnership Institute, a pro-Trump advocacy group.)