Swear Trump's weaponization fund is dead to kill lawsuit, judge says

Avery Lotz

Todd Blanche gestures as he speaks into a microphone during a congressional hearing. He is wearing a dark suit, a white collared shirt and a tie. — Acting U.S. Attorney General Todd Blanche testifies during a House Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies hearing on June 2 in Washington, D.C. Photo: Andrew Harnik/Getty Images

A federal judge on Friday extended her block on President Trump's nearly $1.8 billion anti-weaponization fund but signaled she'd let the case go if administration officials swore under penalty of perjury that the plan was dead.

Why it matters: While the DOJ has said the fund, which faced legal challenges and bipartisan blowback, is not moving forward and argued the challenge is moot, the president has maintained that it's "a great idea."

Driving the news: U.S. District Judge Leonie Brinkema gave Acting Attorney General Todd Blanche, Treasury Secretary Scott Bessent and associate AG Stanley Woodward Jr. a week to respond with a declaration that it would not move forward with the fund.

Her order directly exposes Blanche and Bessent to perjury charges if they swear the plan is dead yet later reverse.
The declaration must specifically say that they will "not take any action to create or operate the Anti-Weaponization Fund" and that it "will not proceed in any manner, or under any name."

Testifying before Congress, Blanche did not commit before lawmakers to put in writing that the plan was dead.

The Atlantic recently reported that administration officials had assured allies there were still plans for some form of payout.
The DOJ did not immediately respond to Axios' request for comment. A White House official referred Axios to Blanche and Trump's prior comments that the fund cannot go forward due to the court order.
However, Trump also previously said he was unsure if the fund was scrapped.

Zoom in: In the courtroom, Brinkema cast doubt on whether the payout plan was truly dead, per reports. Brinkema in May had placed a temporary block on the government from taking further action on the fund.

Former assistant U.S. attorney and Jan. 6 prosecutor Andrew Floyd and his fellow plaintiffs had sued the administration to block what they called a "slush fund" that's "on a collision course with the United States Constitution."

Catch up quick: Trump settled his lawsuit against the IRS in May in exchange for a $1.776 billion fund to compensate those who claim they were targets of government "weaponization."

The fund aimed to create an unprecedented mechanism to compensate people who claim they were wrongfully targeted, potentially including Jan. 6 defendants.

What they're saying: "I'm heartened that the injunction continues to prevent $1.776 billion in taxpayer money from being used to pay off those who attacked our democracy," Floyd said in a statement, vowing to continue litigation against the fund.

Yes, but: On Wednesday, U.S. District Judge Richard Leon declined to issue a temporary restraining order requested by a watchdog group in a separate case.

Go deeper: DOJ settlement ends pending tax investigations into Trump

Editor's note: This story has been updated with White House comment.

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Swear Trump's weaponization fund is dead to kill lawsuit, judge says

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