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DOJ Refuses Court Order to File Sworn Declaration That $1.8 Billion Fund Is Dead

The refusal raises separation-of-powers questions and risks renewed court enforcement and political fallout for senior Justice Department officials.

Overview

  • The Justice Department on Friday, June 19, declined to file sworn statements from Acting Attorney General Todd Blanche and Treasury Secretary Scott Bessent that the roughly $1.776–$1.8 billion Anti‑Weaponization Fund will not proceed, arguing such declarations are unnecessary and pose separation‑of‑powers problems.
  • U.S. District Judge Leonie Brinkema had ordered the written, under‑oath declarations after saying Blanche’s public congressional testimony was insufficient and after she issued a preliminary injunction blocking any creation or disbursement of the program.
  • DOJ lawyers pointed to Blanche’s testimony to Congress and prior court filings that the fund is “not going forward” and said compelling sworn testimony from senior officials would intrude on executive authority.
  • Plaintiffs and watchdogs say verbal assurances are unreliable and note the fund was created in a settlement of President Trump’s suit against the IRS, raising fears that the program could be revived or used to pay politically connected people, including some linked to Jan. 6.
  • The dispute will likely move forward in court with possible scheduling orders or contempt proceedings, and it spotlights broader issues about how the settlement‑created fund would be financed through executive mechanisms and how that financing could sidestep Congress.