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Have Any Trump Foes Indicated They’ll Apply?

Yes. A group of anti-immigration protesters in Chicago who were accused of conspiracy to impede a federal agent, only for their charges to be dropped over alleged prosecutorial misconduct, might apply. A lawyer for the protesters, Christopher Parente, told reporters after the charges were dropped on May 21, the group “should be Exhibit 1.”

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News Peg

U.S. District Judge Leonie Brinkema on Friday temporarily blocked the government from setting up the fund or making payments until June 12, when there’s a hearing in a lawsuit against it. The lawsuit was brought by a group claiming they were unfairly implicated in investigations motivated by Trump’s politics, but not eligible for recourse through the fund, because it only applies to people who were targets of Democrat-led investigations. Brinkema could decide to continue or lift the order on June 12.

Key Background

The $1.8 billion fund was created by the Justice Department in a settlement with Trump in his $10 billion lawsuit against the IRS over the leak of his tax returns. Trump dropped the case in return and also agreed to drop two separate civil claims related to the FBI raid on Mar-a-Lago and investigation into Russian interference in the 2016 election. The money would come from a pool of taxpayer funds Congress established in 1956 to pay people who won lawsuits against the federal government. Trump has repeatedly claimed he wasn’t involved in creating the fund and that his lawyers negotiated it. He defended it in a post on Truth Social last week, claiming he “gave up a lot of money” in allowing it to move forward, but instead he is “helping others, who were so badly abused by an evil, corrupt, and weaponized Biden Administration, receive, at long last, JUSTICE!”

How Will The Payouts Be Decided?

A five-member commission will be set up to determine who receives compensation and how much they’re awarded. Applicants are also eligible to receive an apology from the government. Acting Attorney General Todd Blanche will appoint the members, with consultation from congressional leaders on one of the members. Trump will have the power to fire members at his discretion, and Blanche could appoint replacements. The commission will assess the “totality of the circumstances” for each applicant, including any damages, attorney fees, punishment already served and any form of relief, the Washington Post reported, citing a Justice Department memo. Recipients of the fund would be required to drop any associated legal claims. Judicial reviews or appeals of the payouts are prohibited. The fund will remain active through the end of Trump’s term and any leftover money would go to an agency of Trump’s choosing.

Who Is Eligible For The Fund?

Blanche said “anybody can apply” to the fund, and didn’t rule out Jan. 6 rioters when pressed recently by Congress about whether members of the Proud Boys and other extremist groups convicted of attacking police officers would be eligible. “The commission will set the rules . . . That’s not for me to set. That’s for the commissioners,” Blanche said. Vance also said the committee would decide whether to pay rioters, but told reporters the administration was “not trying to give money to anybody who attacked a police officer.” In establishing the fund, the Justice Department made clear who it was designed to accommodate, referencing “the sustained use of the levers of government power by Democrat elected officials, political and career federal employees, contractors, and agents in order to target individuals, groups, and entities for improper and unlawful political, personal, and/or ideological reasons” in the settlement agreement. The agreement also referenced specific actions by the Biden and Obama administrations, including prosecuting people for blocking access to abortion clinics, but no actions by Republicans. Trump and his family would not be eligible to receive payouts.

What To Watch For

Legislation and legal action seek to block the fund from taking effect. Multiple Republican lawmakers, including Senate Majority Leader John Thune, R-S.D., have expressed concerns or outright opposition to the fund. Many Republican critics have said that convicted Jan. 6 rioters, particularly those who attacked police officers, should not be eligible. Others in the GOP have raised concerns about a lack of oversight in the fund. Rep. Brian Fitzpatrick, R-Pa., is co-sponsoring legislation with Rep. Tom Suozzi, D-N.Y., to prevent any payouts. At least three federal lawsuits have been filed to abolish the fund, including one by police officers who were attacked by Jan. 6 rioters.

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Big Number

52%. That’s the share of Republicans who said they oppose the fund in a new Economist/YouGov poll. Forty-five percent of MAGA supporters said they oppose it.

Further Reading

Trump’s Supporters Reject His Anti-Weaponization Fund In New Poll: Nearly Half Of MAGA Oppose (Forbes)

Trump’s $1.8 Billion ‘Anti-Weaponization’ Fund Blocked In Court—At Least For Now (Forbes)

More Republicans Blast Trump’s $1.8 Billion ‘Anti-Weaponization’ Fund As Blanche Pleas For Their Approval (Forbes)

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