Topline
A lawsuit against the Trump administration’s planned $1.8 billion “anti-weaponization fund” will keep moving forward, a federal judge ruled Wednesday, after officials refused to confirm in writing that the fund is dead.
Acting Attorney General Todd Blanche testifies to Congress on June 2 in Washington, D.C.
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Key Facts
Judge Leonie M. Brinkema issued a court filing Wednesday that sets out further deadlines in the case, after she had previously suggested she could end the litigation if the Trump administration confirmed they wouldn’t put the fund back in place.
The Justice Department established a $1.776 billion fund for those who feel the justice system was “weaponized” against them as part of President Donald Trump’s settlement with the IRS, but it isn’t in effect, as Brinkema blocked the fund from moving forward and Acting Attorney General Todd Blanche has claimed the plan is defunct.
Brinkema extended her order blocking the fund earlier this month, but suggested she could dismiss the case entirely if the Trump administration said in writing under penalty of perjury that it was officially dead—which they refused to do, claiming it was “unnecessary.”
The Trump administration pointed to Blanche telling Congress that the fund is “not going forward, period” to defend its refusal to put its claims in writing, alleging those comments are enough to show the fund is dead and any written declaration beyond that isn’t needed.
Brinkema disagreed, writing Wednesday that Blanche’s comments don’t go far enough and “a civil suit does not necessarily become moot when the defendants agree to stop the conduct at issue in the litigation.”
The Justice Department has not yet responded to a request for comment.
Crucial Quote
Brinkema questioned whether the Trump administration was telling the truth about the fund being dead in her filing Wednesday, writing the government had “refused to accord a genuine degree of trustworthiness” to their claims the fund won’t be revived. The judge pointed to Trump’s “consistent support for the Fund” and Blanche’s “acknowledgement that the Fund remains ‘important’” to suggest the administration could try to reinstate it. She also highlighted that when lawmakers previously asked Blanche to commit in writing to ending the fund, he responded, “I’m not committing to putting anything in writing.”
What to Watch for
Brinkema’s ruling blocking the fund means the Trump administration will not be able to reinstate it while the litigation remains pending. The Trump administration is still moving forward with another part of the IRS settlement, which gives the president and his eldest sons broad legal immunity, though that agreement is also now being scrutinized in court. It also remains to be seen if allies of the president who feel they’ve been victimized could still get government payouts even without the fund being in effect, as The Atlantic reported Trump officials are working on still getting money to supporters in some form. That could be through reviving the anti-weaponization fund in another form that would be harder for courts to block, or by having people individually sue the government and reach settlements through some kind of expedited process.
Key Background
Trump sued his own IRS for $10 billion in January, arguing the agency had violated his privacy when a contractor leaked details of his tax returns to the press. The case was controversially settled in May right as the judge overseeing it was weighing whether to throw it out entirely, as she expressed concerns that Trump and the IRS he oversees as president were not actually opposing parties. The settlement and $1.8 billion fund has sparked widespread controversy even among Republicans, and Blanche’s assurances that the fund was dead came as concerns over the fund threatened to derail GOP lawmakers’ support for a separate immigration enforcement bill. Trump, who has claimed the Biden administration unfairly went after him when he was out of office, has continued to tout the anti-weaponization fund despite the controversy and his AG’s commitment to end it, calling it a “great idea.”
Further Reading
Judge Keeps Blocking Trump’s $1.8 Billion Fund—Until DOJ Can Prove It’s Dead (Forbes)
Applicants For Trump’s $1.8B Fund Include Proud Boys Leader, J6 Rioters And George Santos (Forbes)
