Acting Attorney General Todd Blanche has reached a compromise with two Republican senators, a move that potentially clears the way for his confirmation. However, the agreement has drawn sharp criticism from Democrats and legal experts, who argue the assurances are weak and easily reversible by Donald Trump.
On Sunday evening, Blanche released two documents indicating the withdrawal of an 18 May order that had previously allowed for the establishment of a $1.8bn weaponization fund. Additionally, the documents clarified that broad tax immunity the Justice Department granted to the president, his sons, and their businesses was intended to apply only retroactively. Despite these announcements, skeptics remain unconvinced of their durability.
Brandon DeBot, policy director at the Tax Law Center at NYU, stated that these assurances are not worth the paper they are written on. DeBot noted that the move does not rescind ongoing attempts to grant unauthorized immunity from tax audits to the president and his affiliates, nor does it prevent Trump from attempting to revive the fund in the future. He emphasized that congressional action is necessary to address the situation effectively.
The documents released by Blanche only rescind the prior Justice Department order; they do not modify the actual settlement agreement that created the fund. That settlement was the result of a lawsuit filed by Trump seeking billions in damages regarding the release of his tax returns. Senator Thom Tillis, however, expressed satisfaction with the move, stating, "That's enough for me."
During his confirmation hearing, Blanche acknowledged that the plaintiffs—Trump and his sons—could theoretically sue to enforce the original agreement. Trump himself praised the fund over the weekend and even threatened to revive it, though he later claimed not to have seen the agreement reached by Blanche. "These people were treated so horribly, and this fund could’ve given them some solace," Trump said on Monday.
Jamie Raskin, the ranking Democrat on the House Judiciary Committee, described the announcement as an affront to the American people and Congress, arguing that it leaves a "corrupt scheme" intact while lulling senators into a false sense of security. Concerns also persist regarding alternative methods for January 6 defendants to receive government payouts. The Federal Tort Claims Act provides a path for individuals to seek damages from the federal government through claims and lawsuits, a process over which the Justice Department maintains significant discretion. Senator Sheldon Whitehouse questioned whether the department had truly achieved the results claimed, suggesting the door remains open for "giveaways" to MAGA supporters.
Virginia Canter, chief counsel and director of ethics and anti-corruption at Democracy Defenders Action, dismissed the agreement as "completely hollow," noting that the underlying settlement cannot be modified without consent from all parties. Meanwhile, lawyers for the watchdog group Democracy Forward, which secured a court order stopping the fund, sent a letter to the Justice Department on Monday noting that Blanche had still declined to say under oath that the fund was not moving forward. Skye Perryman, president of the group, criticized the department for attempting to satisfy Senate concerns while maintaining favor with the president.
Even some allies of the former president remain skeptical that the fund is truly dead. Mike Howell, an ally of Trump and director of the Oversight Project, posted a picture of Blanche’s documents on X and said they "can be undone after Tuesday. The weaponization fund is great." Senator Dick Durbin, the top Democrat on the Senate Judiciary Committee, echoed these concerns, stating that given Trump’s methods, he would not be surprised if the promises were reversed following confirmation.
