DOJ Clashes with Judge Over “Anti-Weaponization” Fund, Citing Separation of Powers

The Department of Justice (DOJ) has formally pushed back against a federal judge's demand for a written attestation that it will not proceed with its controversial "anti-weaponization" fund. In a court filing, the DOJ argued that such a sworn declaration from Acting Attorney General Todd Blanche would be "unnecessary" and raise "serious separation of powers concerns." This stance follows Judge Leonie Brinkema's previous extension of a block on the $1.8 billion fund, which was initially intended to compensate alleged victims of prosecutorial overreach during the Biden administration. Brinkema had deemed verbal assurances from DOJ leadership insufficient and requested sworn declarations from Blanche and Treasury Secretary Scott Bessent before considering dismissal of a lawsuit aiming to permanently halt the fund.

The DOJ's filing emphasized that senior administration officials have already informed Congress that the fund is "off the table." The filing also pointed to previous briefs and court statements where the DOJ reaffirmed the fund was not moving forward, asserting that these statements were made under the threat of severe penalties for falsehood. Acting Attorney General Blanche had previously testified before a House panel that the fund was not proceeding, though he had not done so under oath or in writing.

The situation escalated after President Donald Trump expressed a desire to move forward with the fund, prompting Judge Brinkema to question the DOJ's assurances and request the sworn declarations. The DOJ, in a subsequent post on X, reiterated its previous filings and Blanche's testimony, stating that the judge's demand was an attempt to exert personal oversight over the department's routine settlement authority, which it deems an overreach.

The $1.8 billion fund was established in May as part of a settlement related to Trump's $10 billion lawsuit against the Internal Revenue Service (IRS) over the leak of his tax records. The initiative drew significant bipartisan criticism due to concerns it could be used to reward Trump allies, including individuals convicted in connection with the January 6, 2021 Capitol riot.

Key Points:

• The Department of Justice informed a federal judge that a written guarantee against proceeding with its "anti-weaponization" fund is unnecessary, citing prior assurances to Congress.
• Judge Leonie Brinkema had requested a sworn declaration from Acting Attorney General Todd Blanche to permanently block the fund.
• The $1.8 billion fund, designed to compensate victims of prosecutorial overreach, has faced scrutiny over potential misuse for individuals linked to the Jan. 6 Capitol riot.