Judge Temporarily Blocks Trump’s $1.8 Billion Anti-Weaponization Fund

U.S. District Judge Leonie Brinkema on Friday temporarily blocked the Trump administration’s roughly $1.8 billion “anti-weaponization” fund, ruling that while legal motions are pending the government cannot transfer money into it, consider claims submitted to it or disburse its money, according to NBC News and Al Jazeera. Her goal, she wrote, was to “ensure that no funds are irreversibly disbursed,” NBC News reported. A hearing is set for June 12 on whether to extend the order, both outlets said.

The Justice Department announced the fund on May 18 as part of a settlement of President Trump’s lawsuit against the Internal Revenue Service and the Treasury Department, Al Jazeera and Newsweek reported. Mr. Trump had sought $10 billion over the leak of his tax returns by a former IRS contractor, Charles Littlejohn, who pleaded guilty and was sentenced to five years in prison, Al Jazeera reported. The fund draws just under $1.8 billion from the Treasury’s Judgment Fund, a standing account for settlements, and would be overseen by a five-member commission appointed by the attorney general, according to Al Jazeera. It accepts claims until Dec. 1, 2028. The commission has not been formed, so applications cannot officially begin, NBC News reported, and Al Jazeera said no money has been paid.

The suit before Judge Brinkema was brought by Democracy Forward on behalf of people who believe the administration regards them as political opponents, including Andrew Floyd, a former prosecutor in January 6 cases, NBC News reported. Skye Perryman, Democracy Forward’s president, called the order “a victory for transparency, the rule of law, and the American people.” Mr. Floyd said the fund aims to “rush money out the door to perceived political allies,” NBC News reported. Two police officers who defended the Capitol on Jan. 6, 2021, Harry Dunn and Daniel Hodges, filed a separate suit in Washington arguing that the fund is arbitrary, unauthorized by statute and conflicts with the Fourteenth Amendment’s bar on funding insurrection, ABC News reported.

The Justice Department says it is confident the fund is legal, citing precedents including Obama-era settlements, and vows to provide restitution to “victims of lawfare,” NBC News reported. Acting Attorney General Todd Blanche acknowledged the arrangement is unusual but said it is not unprecedented, pointing to the 2011 Keepseagle settlement with Native American farmers, Al Jazeera reported on May 21. Keepseagle’s lead lawyer disputes the comparison, noting that Mr. Trump’s suit was not a class action. A department spokesperson said the “only thing illegal and corrupt” was the weaponization of federal resources by previous administrations, Newsweek reported.

The fund has drawn criticism from Republicans as well as Democrats. Rep. Brian Fitzpatrick, R-Pa., said, “Bad news. We’re going to try to kill it,” and wrote to Mr. Blanche asking whether people convicted of federal crimes or tied to violent acts could qualify, Newsweek reported. Sen. Thom Tillis, R-N.C., who is not seeking re-election, called it “stupid on stilts,” and Nebraska Republican Don Bacon said Mr. Trump was “the plaintiff and the boss of the defendants,” Al Jazeera reported. Mr. Blanche did not rule out eligibility for January 6 participants, even those who attacked police, according to Al Jazeera. Al Jazeera also reported that Senate Republicans delayed a vote on a $72 billion immigration enforcement bill before the Memorial Day recess.

Sen. Elizabeth Warren of Massachusetts called it an “insane level of corruption,” Sen. Ron Wyden of Oregon and others call it a “slush fund,” and more than 90 House Democrats said they filed a motion seeking to block it, Al Jazeera and Newsweek reported. NBC News reported that a federal judge in Florida who oversaw the underlying IRS suit ordered further briefing after 35 retired federal judges asked her to reopen it, and suggested that a suit filed to force a settlement could be improper.