DOJ refuses to issue signed declaration verifying 'Anti-Weaponization Fund' is dead

(WASHINGTON) -- The Justice Department on Friday refused to issue a signed declaration from acting Attorney General Todd Blanche verifying that it no longer intends to pursue President Donald Trump's "Anti-Weaponization Fund."

The DOJ's refusal comes after a federal judge last week gave the administration seven days to verify in a declaration that it wouldn't create the controversial fund.

"Such declarations are unnecessary and the compelled testimony of senior officials from the Executive Branch implicates serious separation of powers concerns," the DOJ said in a court filing Friday to U.S. District Judge Leonie Brinkema, who last week issued an injunction indefinitely blocking the administration from creating the fund.

Brinkema had given the Trump administration seven days to verify in a declaration from acting Attorney General Todd Blanche and Treasury Secretary Scott Bessent that it wouldn't create the fund, which she said would likely lead to the dismissal of the lawsuit she was overseeing against the fund.

But in their filing Friday, the department argued that Brinkema's offer was a potentially unconstitutional infringement of the executive branch by effectively requiring "testimony" of top officials on a matter that the administration has repeatedly said would not be moving forward.

The fund, which was announced last month by the DOJ to compensate those who allege they were wrongly targeted under the Biden administration, was proposed in exchange for Trump agreeing to drop his $10 billion lawsuit against the IRS as well as two civil claims for $230 million related to the Russia collusion investigation he faced during his first term in office and the 2022 search of his Mar-a-Lago estate -- sparking accusations of self-dealing and a bipartisan uproar over the possible use of taxpayer money to pay rioters who attacked the U.S. Capitol on Jan. 6, 2021.

In her ruling last week, Judge Brinkema pointed repeatedly to President Trump's own shifting statements in recent weeks about the fund, including his pointed attack on Brinkema herself after she had temporarily paused the fund earlier this month, in which he referred to her as a "radical left judge."

"When the president of the United States says he's disappointed that something is not going forward," Brinkema said, that would only add to the evidence that the fund might "rear its head" in the future. 

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