ALEXANDRIA, Va. (AP) — A federal judge has decided to extend indefinitely a court-ordered block on the Trump administration's establishment and operation of a $1.8 billion settlement fund designed to compensate individuals claiming to be victims of a weaponized government. The fall-out from the fund's implementation has generated significant controversy, with fierce backlash from different political factions.
Earlier this month, acting Attorney General Todd Blanche informed Congress that the administration is abandoning its plans for the controversial fund due to extensive bipartisan criticism. However, plaintiffs' attorneys remain unconvinced by Blanche's assurances that the fund will not go forward. U.S. District Judge Leonie Brinkema sided with the plaintiffs, stating that the “Anti-Weaponization Fund” will remain blocked until further notice from the court.
Judge Brinkema voiced skepticism about the government’s argument that the issue is now moot, emphasizing, “The (government’s) mootness argument, in my view, doesn’t go anywhere.” While President Donald Trump has not categorically supported the cancellation of the fund, he has continued to express support for it in statements made to reporters.
In her ruling, Brinkema granted the parties a one-week deadline to negotiate a deal involving Trump administration officials, including Blanche, to submit a sworn declaration confirming that the administration will not revive the fund. This extension follows Brinkema's previous temporary block of the fund, ordered on May 29, which was set to expire.
The settlement fund was created by Trump’s administration to address his lawsuit against the Internal Revenue Service regarding the unauthorized leak of his tax returns. Plaintiffs challenging the fund contend that the government cannot legally divert taxpayer money into what they classify as a "slush fund" aimed at compensating Trump’s allies.
In a related judicial matter, a different judge in Washington, D.C., recently rejected a request by a government watchdog for a court order to block the fund's progression. U.S. District Judge Richard Leon accepted the representation by Blanche that the fund is now moot, raising questions about why a formal rescission of the May 18 order creating the fund had not taken place.
During the proceedings, Judge Brinkema expressed concern over the lack of concrete answers regarding the fund’s status, pointing out a significant gap in the record. Justice Department attorney Andrew Block admitted he could not provide Brinkema with a definitive answer, indicating that his information was limited due to a lack of direct communication with Blanche.
The plaintiffs in the Virginia case include a range of individuals and organizations, such as a terminated prosecutor, a college professor acquitted of assaulting federal agents, the watchdog group Common Cause, the city of New Haven, Connecticut, and the National Abortion Federation, which represents abortion providers. Notably, even prior to the government’s announcement to drop the fund, the Justice Department had not formed a five-member commission to establish payout criteria, resulting in no money disbursed and no claims accepted.
There is evident opposition among many of Trump’s Republican allies towards compensating individuals involved in the January 6, 2021, U.S. Capitol riot. Earlier statements from Blanche suggested the possibility that certain Capitol rioters who committed acts of violence may be eligible to seek payments from the fund. Following the events of that day, Trump issued mass pardons to many of those charged, thereby erasing the legal cases against them with a sweeping act of clemency.
Democracy Forward attorney Pooja Boisture argued that reviving the fund would cause irreparable harm to the plaintiffs involved in the lawsuit, positing that a court order to block the fund would not negatively impact the government if the administration has indeed abandoned it, as indicated by Blanche's testimony. Brinkema ultimately supported this viewpoint, affirming the need for continued vigilance regarding the fund's future.
