Trump DOJ defense crumbles after federal judge tears apart plot

A federal judge intends to let lawsuits proceed against President Donald Trump's so-called "Anti-Weaponization Fund" after reports this week that it remains alive and well.

MS NOW legal reporter Fallon Gallagher revealed Thursday that Trump officials haven't "forgotten" about the $1.8 billion fund and are "still fighting to keep it alive."

Politico reported on Friday that U.S. District Court Judge Leonie Brinkema explained that public statements from the Trump administration indicated to her that both Trump and Attorney General Todd Blanche are working to keep the fund alive despite promises.

According to the judge, it appears the fund's goals, which are giving money to people who claim they were somehow wronged by the government, could still be fully compensated.

"That could include by paying people directly from the Treasury Department’s Judgment Fund, an open-ended source of money tapped by the Justice Department for many settlements," described Politico.

“That’s being used, apparently, to do exactly what the specific fund in this case was supposed to be doing,” Brinkema told the courtroom during a Friday hearing. “These issues that underlie this case are still alive and kicking, in my view.”

The judge said that when the administration used the fund to hand money over to Jan. 6 attackers it "undermined arguments that a lawsuit filed in May over the 'Anti-Weaponization Fund'" claiming that it was moot.

“That entity is gone, but is a functional equivalent of that going on…?” asked Brinkema. “Actions speak louder than words."

She also noted that the agreement the DOJ entered into with Trump over one of his Florida lawsuits directly violates laws that ban a president from "directly or indirectly" controlling IRS audits.

Former President Richard Nixon was known for using the IRS to obtain information about people on his "enemies list." He also demanded audits and investigations for those on his list. The laws were changed afterward to bar the president's involvement. Trump's deal with the DOJ would have guaranteed that neither he nor anyone in his family would ever be audited by the IRS again.

The DOJ repeatedly promised the judge that the fund was "moot" and that there was little evidence to the contrary.

The government also doesn't want to hand over internal documents or have senior officials, like Blanche, answer questions under oath. Justice Department attorney Andrew Block called the plaintiffs’ requests a “fishing expedition” and said they could involve confidential government communications.

The judge then asked whether the full Trump contract is currently being enforced, but Block said, "I'm not prepared to say that."

“Those present-tense statements do not meet the heavy burden of demonstrating that this case is moot,” said a lawyer working for the coalition of groups who brought the suit. That lawyer, Pooja Boisture, from Democracy Forward, said that Blanche's promises aren't meeting requests for a definitive guarantee.

The judge's refusal to dismiss the lawsuit keeps the matter alive, which means the DOJ must turn over records related to the fund. Blanche and other senior officials are being asked to answer questions about it under oath. Block claimed that there are a slew of "privilege issues" alive in such a demand.

They have 30 days to hand over the records.