A federal judge on Friday indefinitely blocked the Trump administration’s $1.776 billion Anti-Weaponization Fund, even as another federal judge earlier this week declined to intervene after the Justice Department said the fund was no longer moving forward.
The court disputes have heightened pressure on the administration to formally dismantle the fund. While Deputy Attorney General Todd Blanche told Congress the fund would not move forward, the settlement agreement and departmental directives that created the fund have not been formally rescinded. Critics argue this leaves open the possibility that the fund could still proceed in the future.
U.S. District Judge Leonie Brinkema, a Clinton-appointed judge, extended a court order Friday preventing implementation of the fund, concluding that public assurances from administration officials were insufficient to eliminate concerns that it could later be revived.
Brinkema noted how Trump, “says he’s disappointed that something is not going forward,” suggesting this was evidence that the fund may “rear its head” at some point in the future.
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Over the weekend Trump shared on “Meet the Press” that he’d like to continue with the fund.
“If it was up to me, I’d pay them the kind of money that they deserve. People have been destroyed. Lives have been destroyed,” Trump said.
Brinkema gave the Justice Department a week to put in writing that the Anti-Weaponization Fund is being terminated and will not be reinstated.
The ruling comes days after U.S. District Judge Richard Leon rejected a separate request from Citizens for Responsibility and Ethics in Washington (CREW) seeking emergency intervention, saying he was willing to rely on Justice Department representations that the fund had effectively been abandoned.
But Leon, a George W. Bush-appointed judge, simultaneously warned administration officials not to treat his decision as permission to revive the program.
“I give the Justice Department this warning: Don’t play possum with me,” Leon said from the bench.
Blanche announced during a hearing earlier this month that the Anti-Weaponization Fund, which was born out of President Donald Trump’s lawsuit settlement with the IRS, would not be proceeding. The fund was intended to compensate alleged victims of government “lawfare,” but its creation sparked immediate backlash from Democrats, who characterized it as a “slush fund” that could ultimately benefit Trump’s political allies and individuals charged in the Jan. 6 Capitol riot.
Justice Department attorney Andrew Block argued before Leon that Blanche’s congressional testimony effectively mooted CREW’s challenge because the government had publicly committed not to move forward.
Leon repeatedly questioned why Blanche has not formally rescinded a May 18 order that established procedures for the fund in the first place, a question Block could not answer.
CREW attorney Nikhel Sus argued the settlement agreement that established the fund remains legally operative and contains upcoming deadlines requiring action.
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According to Sus, a five-member board overseeing the fund must be established by June 17, while funding transfers are scheduled by July 17.
“On paper, the fund is still a legally operating entity,” Sus argued.
However, Leon ultimately accepted the government’s assurances for now that the fund is moot, but he noted that he can sanction attorneys who make false representations to the court.
He also indicated he will continue considering CREW’s request for a preliminary injunction and suggested he could intervene if evidence emerges that the administration is attempting to revive the fund.
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