Yesterday the Department of Justice announced it is creating a $1.776 billion “Anti-Weaponization Fund” to compensate what it calls victims of the Department of Justice under former President Joe Biden. Acting attorney general Todd Blanche said the fund was “a lawful process for victims of lawfare and weaponization to be heard and seek redress.”
First of all, the insistence of Trump cronies that the Department of Justice and federal judges “weaponized” the law against them under former president Joe Biden—or under former president Barack Obama—is another example of regime officials blaming others for what they, themselves, are doing as Trump’s appointees try to manufacture criminal cases against those Trump considers his enemies. Trump’s attacks on the justice system are designed to convince his followers that he hasn’t really committed the crimes for which he has been indicted, and sometimes convicted, and they help to undermine faith in the rule of law, weakening our democracy.
Second of all, though, what this agreement is not, is a settlement of Trump’s case against the Internal Revenue Service (IRS), although that term is being widely used to describe it. Trump withdrew his $10 billion lawsuit against the IRS for damages after a contractor leaked his tax information—along with that of more than 400,000 other taxpayers—during his own first term after it became clear that the judge to whom the case was assigned seemed inclined to say that the case could not move forward because Trump could not be in charge of both sides of the suit.
The recognition that this is not a legal settlement is important. The Trump administration maintains it is doing what the Obama administration did in establishing a compensation fund to settle the case of Keepseagle v. Vilsack, when the Department of Justice established a $760 million fund as a settlement of a long-running class action suit charging that the Department of Agriculture had systematically discriminated against Indigenous farmers and ranchers.
Unlike the Keepseagle settlement, though, Trump’s fund is not part of a legal settlement.
In her order dismissing the suit, Judge Kathleen Williams noted that because Trump’s dropping of the suit “does not reference any settlement or include a stipulation of settlement, there is no settlement of record. Additionally, Defendants—federal agencies represented by the Department of Justice, which has an independent obligation to uphold the ‘public’s strong interest in knowing about the conduct of its Government and expenditure of its resources’ and the ‘fair administration of justice,’ neither submitted any settlement documents nor filed any documents ensuring that settlement was appropriate where there was an outstanding question as to whether an actual case or controversy existed.”
Judge Williams was not alone in her skepticism about the deal. Andrew Duehren of the New York Times reported today that career lawyers at the Internal Revenue Service thought the agency should fight Trump’s suit, noting that the statute of limitations for such a suit had run out, the Justice Department has previously taken the position that people cannot sue the IRS for the actions of a contractor, and the Justice Department settled a similar case from hedge fund billionaire Ken Griffin with a public apology rather than a monetary payoff.
The document that purports to be a “settlement” has the words “settlement agreement” written in capital letters across the top of it, but the important word is “agreement.” It is not the settlement of a legal case: Trump dropped the case when it looked like the judge would throw it out.
It is simply an agreement between Trump and his own appointees at the Department of Justice.