Another judge thinks that he gets to be president instead of Donald Trump. On Friday U.S. District Judge Leonie Brinkema indefinitely blocked the Trump administration from implementing a proposed $1.776 billion compensation program for individuals President Donald Trump has described as victims of government “weaponization,” saying she remains unconvinced the plan has been permanently abandoned.
Brinkema, a liberal Clinton appointee, issued an order barring the Justice Department and other federal officials from taking any steps to establish or operate the proposed Anti-Weaponization Fund or reviving the program under a different name. The order also requires the Justice Department to report to the court by next Friday regarding its compliance.
During a hearing earlier in the day, Brinkema questioned administration assurances that the program had been terminated. The judge noted that officials had not provided a sworn declaration formally ending the fund and that the underlying settlement agreement with the IRS remains in place.
“When the President of the United States says he wants something to happen, that’s a pretty good indicator there will be an incentive and motive to make it happen,” Brinkema said.
The judge said the proposal could still “rear its head” in the future and expressed particular concern about payments potentially flowing to individuals involved in the January 6, 2021, Capitol riot. She said the court lacked “uncontestable evidence that this could not be repeated.”
The proposed fund would compensate individuals who claim they were improperly targeted or prosecuted by previous Democratic administrations. The plan sparked criticism from lawmakers in both parties and prompted multiple legal challenges. Brinkema previously issued a temporary injunction against the program late last month. She appears to believe that only Democrats get to do these kinds of funds.
In a written opinion released Friday, Brinkema concluded that the proposal likely violates constitutional separation-of-powers principles by intruding on Congress’s authority over federal spending. She also cited concerns raised by plaintiffs, including the National Abortion Federation, which argued that individuals previously prosecuted for violence near abortion clinics could be encouraged to engage in similar conduct if compensated by the government.
“The balance of the harms tips clearly in favor of plaintiffs,” Brinkema wrote.
The lawsuit was brought by a coalition that includes a former federal prosecutor, a government watchdog group, and an organization representing abortion providers. The plaintiffs argue that the proposed fund is unconstitutional and selectively benefits individuals alleging mistreatment by Democratic-led governments while excluding those who claim to have been targeted by the current administration.
“This ruling is a significant victory for the Constitution, the rule of law, and people in America,” said Skye Perryman, president and CEO of Democracy Forward, which filed the lawsuit. “Despite the administration’s shifting explanations about the future of the slush fund, the court’s order ensures that taxpayer dollars cannot be distributed through this unlawful scheme while the courts fully consider the serious constitutional issues at stake.”
The Justice Department has repeatedly maintained that the fund will not move forward. Acting Attorney General Todd Blanche previously told Congress the proposal was effectively dead. Brinkema, however, said the government could still moot the case by submitting a clear sworn declaration from a senior official confirming the program has been permanently abandoned.
Friday’s ruling came just days after a separate federal judge in Washington reached a different conclusion. On Wednesday, U.S. District Judge Richard Leon declined to issue an injunction, saying he was relying on Justice Department representations that the proposal was no longer under consideration. Even so, Leon warned administration officials against misleading the court.
“Don’t play possum with this court,” Leon told a government attorney.
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