Judge Skeptical of DOJ Bid to Dismiss Trump-Era 'Anti-Weaponization Fund' Case
U.S. District Judge Leonie Brinkema suggested that the core issues surrounding the fund remain active, despite the Justice Department's assertion that it has been formally terminated.
U.S. District Judge Leonie Brinkema expressed skepticism Friday regarding the Department of Justice's attempt to dismiss a case connected to the Trump administration's $1.776 billion "Anti-Weaponization Fund." Brinkema stated that the issues underlying the case are "still alive and kicking," even though DOJ lawyers argued that Attorney General Todd Blanche officially rescinded the fund in August and has repeatedly confirmed its termination.
During a hearing in Alexandria, Virginia, Brinkema questioned whether the fund's demise was complete or if its functions had merely shifted to the DOJ's standard Judgment Fund. "The real concern that lurks... is the concept of taxpayer money being used to promote particular political views," Brinkema remarked, referencing pro-life activists convicted under the FACE Act and individuals involved in the Jan. 6 Capitol riot.
The DOJ's lawyers contended that the fund is defunct, citing Blanche's sworn testimony before Congress. However, Brinkema pointed to the Judgment Fund, a permanent Treasury account used for court judgments and legal settlements against the federal government, as a potential successor. She described it as "a less transparent structure" and noted that some defendants convicted of FACE Act crimes have reportedly received substantial payouts from this fund.
Brinkema specifically mentioned the case of Paul Vaughn, a pro-life activist convicted for blockading a Tennessee abortion clinic in 2021. Vaughn received a pardon and a seven-figure settlement from the DOJ's Judgment Fund. Brinkema suggested that remedies might still be available in the current case, proposing the possibility of appointing a neutral overseer for any fund, rather than someone from the DOJ.
"A proper, unbiased look... There's been too much talk from members of the administration, which undercut [DOJ's] position," Brinkema said, adding that officials "contradict themselves all the time."
DOJ lawyer Andrew Block questioned what remedy the plaintiff would seek if the fund is indeed dead. Brinkema indicated that while the case is not yet at the remedy stage, she believes possibilities exist. She concluded the hearing by stating her intention to issue a new discovery order in the coming days, signaling that the legal proceedings are far from over.