Justice Department declines judge's request for sworn statement on canceled fund

The Justice Department on Friday declined a federal judge's demand for sworn declarations from senior officials confirming that a nearly $1.8 billion anti-weaponization fund will not move forward. In a court filing, department attorneys argued that requiring such statements from the acting attorney general, the Treasury secretary and the associate attorney general raises serious separation of powers concerns.

Background on the fund The acting attorney general announced plans for the compensation fund in mid-May after a settlement between the Trump family and the Internal Revenue Service. The fund was intended to issue formal apologies and payments to individuals who claimed to have suffered weaponization and lawfare by the federal government.

The proposal drew criticism from lawmakers on both sides of the aisle over concerns about who might receive payments.

Court proceedings A federal judge indefinitely blocked the fund last Friday and gave officials seven days to declare under penalty of perjury that it would not proceed. The Justice Department responded that prior statements already made clear the fund is not moving forward and that additional sworn declarations are unnecessary.

“Such declarations are unnecessary and the compelled testimony of senior officials from the Executive Branch implicates serious separation of powers concerns.”

CEO of Democracy Forward, which represents the plaintiffs, called the department's refusal telling.