Judge Declines to Block Justice Department Fund, But Warns Against Reviving It

On Wednesday, in a federal courtroom in Washington, U.S. District Judge Richard J. Leon declined to stop the Trump administration from pursuing a $1.8 billion fund meant to pay people who say the government investigated them improperly. His reason was simple: the Justice Department's top officials have said, in public testimony and in court filings, that the fund is dead.

Leon did not leave it there. Even as he denied a request for a temporary restraining order, he cautioned the department against bringing the fund back. "Don't play possum with this court," he said at the hearing. He added that he will rule at a later date on a separate request for a preliminary injunction in the same case, which was brought by the group Citizens for Responsibility and Ethics in Washington, known as CREW.

The judge said the case appeared to be moot. The reason traces to last week, when acting attorney general Todd Blanche told Congress that plans for the fund had been scrapped. Justice Department officials then repeated that position in court filings. The "Anti-Weaponization Fund" was announced by Blanche last month, and it proved short-lived. It drew bipartisan backlash in Congress and at least five federal lawsuits.

Blanche's reversal came after another federal judge, Leonie M. Brinkema, ordered administration officials not to proceed with the fund until at least Friday. She is scheduled to hold a hearing that day in federal court in Alexandria, Virginia. Republicans, who control the Senate, had also voiced misgivings about using taxpayer money to potentially enrich Jan. 6, 2021, rioters who received pardons from President Trump or had their sentences commuted.

CREW attorney Nikhel Sus urged Leon not to treat the retreat as settled. He argued that Blanche's statements and the department's filings could be temporary and unreliable. The Justice Department has not rescinded Blanche's May 18 memo establishing the fund, Sus said, and Trump, speaking publicly, declined to echo Blanche's statement that the plans were dropped. Plaintiffs in the Virginia case made similar arguments in a filing Wednesday, asking Brinkema not to simply take the department at its word.

Leon acknowledged the concern in part. He said Trump could be making statements for political benefit. But he noted that Justice Department lawyers could face judicial sanctions if they misrepresent facts in court filings.

Justice Department lawyer Andrew Block leaned on exactly that point. "The fact of the matter is, no members have been appointed to the fund," he said, and no money has been transferred. He argued that CREW lacked legal standing because the case was moot and its claimed injuries were speculative. Block said he and Associate Attorney General Stanley Woodward, the department's No. 3 official, had both signed their names to filings saying the fund was dead. "Our briefs are assurances in writing," he said, adding that the submissions are court documents.

The question may not end with the court rulings. Trump this week formally nominated Blanche for a full term as attorney general, and his role in creating the fund is likely to come up in what is expected to be a contentious and uncertain Senate confirmation fight. Next up are Leon's ruling on the preliminary injunction and Friday's hearing before Brinkema.