Judge pauses Trump administration’s ‘anti-weaponization’ fund

A federal judge has blocked the Trump administration’s effort to establish a fund to reimburse people who claim they were targeted by the “weaponization” of the federal government.

U.S. District Judge Leonie Brinkema said the restraining order was meant to ensure that no funds are “irreversibly disbursed” before the legal fight over the newly announced fund has a chance to play out.

The prospective fund has stoked intense, bipartisan outrage on Capitol Hill, where lawmakers have described it as a slush fund for payouts to President Donald Trump’s allies, potentially including people who stormed the Capitol on Jan. 6, 2021. Democratic lawmakers have threatened to tax the full amount of any payouts from the fund.

The order from Brinkema, a Clinton appointee based in northern Virginia, will pause the establishment of the fund until at least June 12, when she has set a hearing to consider the matter further.

The White House and Justice Department did not immediately respond to requests for comment.

It was an unusually urgent action by the judge, who said in her brief order that she was compelled to rule prior to a formal response from the Trump administration because of concerns that the fund might quickly begin doling out cash.

The ruling came in a lawsuit brought by a former Justice Department prosecutor and other plaintiffs who contended that it was an illegal and unconstitutional abuse of taxpayer funds. Rather than apply the fund in a “viewpoint neutral” manner, they argue that it’s essentially rigged to reward Trump’s political allies.

Acting Attorney General Todd Blanche has defended the establishment of the unprecedented fund, but its controls and operation remain unclear. Jan. 6 defendants pardoned by Trump, including some convicted of serious felonies like seditious conspiracy or assaulting federal officers, have signaled their intent to apply for payouts. Blanche did not rule out making payments to Jan. 6 rioters while testifying about the fund before lawmakers last week.

The fund received a hostile reception from several Senate Republicans, who pilloried Blanche with complaints about the project during a closed-door meeting last week. Sen. Ted Cruz (R-Texas) later said some of his colleagues were yelling at the acting AG during the session, deriding the fund as a foolish idea and one likely to be politically costly to the GOP in the upcoming midterms.

Brinkema’s order came despite no public indication that the Justice Department has carried out any of the preliminary steps it said would be necessary to establish the fund, such as transferring $1.776 billion into a special account to cover weaponization claims or appointing the five members of a board who would set guidelines for payment, evaluate claims and determine the amount of compensation to offer.

Lawyers challenging the fund said in a court filing that they were told by Justice Department attorney Andrew Block on Thursday that no money had been transferred to the fund and no claims had been paid. Block offered to provide 24 hours notice before a transfer setting up the fund, but the challengers told the judge that wouldn’t be enough time to try to seek an order blocking such a transfer.

Under the terms DOJ announced for a settlement of a lawsuit and other claims Trump was pressing against the government, Blanche has until June 17 to name the panel to oversee the fund and until July 17 to send formal instructions to the Treasury Department to create the fund.

Nina Olson, the former taxpayer advocate from 2001 to 2019 and executive director of the Center for Taxpayer Rights, said she supported the judge’s block on the "anti-weaponization" fund.

“There are so many questions and concerns about the legality of the creation and operation of this fund,” she said. “It is appropriate for the judge to issue a TRO pending resolution of the proceedings in order to avoid transfers and disbursements that cannot be undone.”

In addition to the case before Brinkema, there are at least three other pending lawsuits seeking to block the fund from operating.

Megan Messerly and Danny Nguyen contributed to this report.