What to Watch for
The case at issue Friday is one of several lawsuits challenging the $1.8 billion fund, which means a judge in a different case could block the fund even if Brinkema lifts her ruling next week. The president and his administration are also due to respond in court Friday to a request by former federal judges to reopen Trump’s initial lawsuit against the IRS. The judges argue the case should be reopened in light of concerns over the controversial settlement, and could result in Trump and the IRS potentially facing sanctions.
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Is Trump’s ‘Anti-Weaponization Fund’ Actually Dead?
Brinkema’s ruling comes one day after The Atlantic reported Trump administration officials are telling supporters behind the scenes that the plan for government payouts is still moving forward. While the Trump administration has publicly claimed the fund is dead, officials have reportedly said those who’ve felt aggrieved by the DOJ—including Jan. 6 rioters—are likely to still get compensated, whether that’s through trying to revive the fund in some form or a different method, like having people sue the government and then be awarded settlements. The White House and DOJ have not confirmed The Atlantic’s reporting and directed Forbes to public statements and court filings the government has made on the issue, in which they have claimed the “anti-weaponization” fund is not moving forward.
Tangent
The lawsuit at issue Friday only concerns the $1.8 billion fund, which is one of two provisions in Trump’s settlement with the IRS. The other gives the president, his eldest sons and the Trump Organization—who were also plaintiffs in the lawsuit—broad legal immunity from IRS audits of their existing tax returns, and appears to shield them from prosecution and civil liability based on acts taken before the settlement was reached. Blanche has confirmed that part of the settlement is still in effect, and Brinkema’s ruling only addresses the “anti-weaponization” fund.
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 has garnered widespread scrutiny due to the timing and favorable terms for the president and his allies, with critics decrying the anti-weaponization fund as a “slush fund” designed to enrich Trump’s supporters. Blanche and the DOJ ultimately said the fund was dead on June 2 as it threatened to blow up Congress’ chances at passing funding for the Trump administration’s immigration enforcement activities, as Republican lawmakers threatened to back amendments that would have restricted or killed the fund.
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Further Reading
Trump Administration Insists Anti-Weaponization Fund Is Dead—But Reportedly Still Working To Pay Allies (Forbes)
Trump’s $1.8 Billion ‘Anti-Weaponization’ Fund Blocked In Court—At Least For Now (Forbes)
Applicants For Trump’s $1.8B Fund Include Proud Boys Leader, J6 Rioters And George Santos (Forbes)
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