A federal judge is demanding answers to allegations that President Donald Trump defrauded her court by filing a lawsuit against the IRS as a pretext to reach a settlement that resulted in a $1.8 billion “anti-weaponization” fund to make payouts to his political allies.
U.S. District Judge Kathleen Williams launched the inquiry Friday, after closing the lawsuit on her docket last week. The Miami-based Obama appointee cited a request by 35 former federal judges who urged her to reopen the case to determine whether Trump’s effort amounted to “serious misconduct” and an abuse of the court system.
It’s the latest wrinkle in a developing scandal that has drawn bipartisan outrage on Capitol Hill, multiple lawsuits aimed at blocking the “anti-weaponization” fund and demands for further investigation by government watchdogs and courts.
Earlier this year, Trump filed a $10 billion lawsuit against the IRS over the leak of his tax returns by a private contractor in 2019 and 2020. The lawsuit immediately triggered questions about conflicts of interest: How could the Justice Department and IRS now controlled by Trump appointees defend against a lawsuit brought by their boss?
But before the lawsuit advanced, Acting Attorney General Todd Blanche revealed that a settlement had been reached. Instead of a payout to Trump, the settlement would result in the establishment of the nearly $1.8 billion fund to make payouts to people described in the settlement as victims of government weaponization.
The announcement generated particular excitement among hundreds of people Trump pardoned for their roles in storming the Capitol on Jan. 6, 2021, with many announcing their intention to pursue payouts. Police officers who defended the Capitol and former Justice Department prosecutors who pursued Jan. 6 defendants sued to block the fund altogether, with another judge earlier Friday ordering a two-week pause on its establishment.
A spokesperson for Trump’s legal team did not immediately respond to a request for comment.
In her four-page order Friday, Williams indicated that she’s considering reopening the case. She also noted the former judges’ suggestion that Trump’s attorneys knew from the start that their lawsuit had no merit and filed it solely to justify a purported settlement that the administration wanted to announce.
The judge added that a federal court rule requires attorneys to ensure that court filings are “not presented for any improper purpose.”
“A party’s decision to file a frivolous lawsuit for the sole purpose of forcing a settlement may qualify as such an improper purpose,” Williams said.
The judge also noted that the former judges argued that Trump’s suit appeared “clearly untimely” because it was filed well after the expiration of a two-year statute of limitations on claims of unlawful disclosure of tax information.
Although the settlement appears to have been hashed out between Trump’s private attorneys and lawyers at the Justice Department and IRS, Williams’ order Friday is directed at Trump, his sons and his company, and does not request any response from the government. She noted in her order that the government never submitted any filings in response to the lawsuit.
The judge noted, however, that the settlement appeared to run afoul of DOJ policies that require any settlements to be “specifically limited to the immediate subject matter of the claim.” Williams also pointed out that a settlement addendum that waives all tax claims the U.S. may currently have against Trump, his two eldest sons, and his businesses and trusts was signed only by Blanche.
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