Commentary

Judge Pauses Trump’s Illegal 1.8 Billion Anti-Weaponization Slush Fund

Here’s another Trump court loss. Big ones coming up.

Judge Fund During Legal Challenge

The Wall Street Journal reports Judge Pauses Trump’s ‘Anti-Weaponization’ Fund During Legal Challenge

A federal judge directed the Trump administration to pause efforts on a $1.8 billion fund for people who say they were targeted by prosecutors for political reasons, while she weighs a legal challenge to it.

The order issued by Judge Leonie Brinkema in the Eastern District of Virginia on Friday temporarily blocks the government from taking any action to initiate the “anti-weaponization” fund, such as moving money into it or considering claims, “to ensure that no funds are irreversibly disbursed.”

“It is important that the status quo be maintained,” the judge said in a footnote, adding that the government had allegedly refused the challenger’s request to refrain from transferring money to the fund or paying claims until at least mid-June to allow for briefing in the case. She has set a hearing for June 12 to consider the challengers’ request for a longer-lasting block on the fund.

The lead plaintiff challenging the fund in Virginia is a former prosecutor involved in cases over the Jan. 6, 2021, attack on the Capitol. Other challengers include a professor prosecuted after protesting an immigration raid, a city whose federal funding has been threatened because it limits cooperation on immigration enforcement, the National Abortion Federation association of clinics and voter advocacy group Common Cause.

The largest pool of likely applicants—and among the most controversial—is the group of more than 1,500 Trump supporters who were prosecuted for storming the Capitol on Jan. 6, 2021. The settlement agreement establishing the fund also noted that antiabortion activists prosecuted for blocking entrances to abortion clinics could be eligible.

The chief executive of Democracy Forward, the legal team that brought the challenge, welcomed the order on Friday. “Today, a federal court recognized the urgent need to prevent taxpayer dollars from being distributed through a secretive and unprecedented political compensation scheme before the legality of that program can be fully reviewed by the court,” said Skye Perryman.

At least three other lawsuits have also been brought against the fund, in other federal courts. Soon after Brinkema issued her order, Judge Richard Leon in the District of Columbia said he would hold a hearing on June 10 in a challenge brought by Citizens for Responsibility and Ethics in Washington.

Fund Headed Nowhere

Ultimately, this fund is headed nowhere.

It stems from a result in which Trump was suing his own government, a preposterous idea. And key Senate Republicans are against it.

Look at things this way. The court is doing Trump a favor.

Trump Faces Senate Revolt Over Anti-Weaponization Fund

I discussed the Senate revolt on May 23, 2026, in Trump Faces a Full Revolt in the Senate, Even Senator Tom Cotton

“Who thought this was a good idea? Who chose this timing?” Cotton asked bluntly.

Cotton was speaking about Trump’s slush fund to pay January 6 rioters and other convicted criminals when Trump’s Attorney General Todd Blanche pitched the idea to the Senate.

Cotton knows the answer is Trump. He just didn’t say it. Other Senators did, many of them.

The Senate revolt was over the anti-weaponization fund and Trump’s endorsement of Ken Paxton over John Cornyn.

It happened at a closed-door meeting between Republican and Attorney General Todd Blanche who tried to sell the plan to skeptical Republicans.

Senator Revolt

  • Tom Cotton: “Who thought this was a good idea? Who chose this timing?”
  • Ted Cruz: “One of the roughest meetings I’ve seen in my entire time in the Senate,” Sen. Ted Cruz (R., Texas), said Friday on his podcast. “Fiery does not begin to cut it,” Cruz said, adding that some senators were screaming at Blanche. Cruz, in his podcast, said he expected the administration would move—at minimum—to modify the fund or face “a full-on revolt” in the Senate.
  • Cruz, in his podcast, said he expected the administration would move—at minimum—to modify the fund or face “a full-on revolt” in the Senate.
  • Cynthia Lummis: “I’m just sad,” said an emotional Sen. Cynthia Lummis (R., Wyo.) after Trump announced the endorsement. She fretted that it would now cost Republicans “a fortune” to try to hold Cornyn’s seat.
  • Thom Tillis: Tillis had drawn Trump’s ire by labeling the fund a “payout pot for punks” and “stupid on stilts.”
  • John Thune: “The administration is going to have to come up with some suggestions and ideas,” Senate Majority Leader John Thune (R., S.D.) told reporters
  • Ron Johnson: “Somebody described it as a galactic blunder, and I think that’s probably true,” Sen. Ron Johnson (R., Wis.) said to CNN.
  • Bill Cassidy: The White House “put themselves in a bad spot. It wasn’t Congress that did it. Congress has had no input. Might be part of the problem,” said Sen. Bill Cassidy (R., La.).
  • Lisa Murkowski: Alaska GOP Sen. Lisa Murkowski likened it to “dropping a bomb” on the legislative process.

The first three point above are on the fund. The rest are on Trump’s very poor decision to endorse Ken Paxton.

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Big Court Loss Coming Up

In June or July, Trump is going to get smacked by the Supreme Court on Birthright Citizenship.

This will not be close. I expect Trump to lose 7-2 and possibly 9-0.

For discussion, please see Supreme Court Birthright Citizenship Arguments Suggest 7-2 Minimum Against Trump

Justice Kavanaugh hammers Trump’s lawyer, setting the tone.

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Article posted with permission from Mish Shedlock

Mish Shedlock

Mike Shedlock / Mish is a registered investment advisor for SitkaPacific Capital Management. On “MishTalk,” global economics blog, he writes several articles a day on the global economy. Topics include interest rates, central bank policy, gold and precious metals, jobs, and economic reports, all from an Austrian Economic perspective.

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