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Trump’s Victims Fund Is a Scandal. But It May Be Legal.
“The Trump administration’s hands aren’t exactly clean when it comes to lawfare and weaponization,” writes Jed Rubenfeld. (Kevin Dietsch via Getty Images)
The administration should cancel its plan to compensate lawfare victims of its own choosing, even if the courts can’t block it.
By Jed Rubenfeld
05.20.26 — U.S. Politics
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The $1.8 billion “Anti-Weaponization Fund” just announced by the Department of Justice may not be 100 percent illegal, but it’s still a gross embarrassment that the Trump administration should rescind.

Here’s what we know so far. Back in January, President Donald Trump, along with his eldest sons and the Trump Organization, sued the Internal Revenue Service (IRS) for $10 billion over their tax returns leaking between 2018 and 2020. That suit was tricky, to put it mildly, because Trump is now essentially in charge of the IRS, and it’s a long-settled maxim of the law that a man “cannot sue himself.” After all, what would prevent President Trump, as the defendant, from agreeing to pay $10 billion of taxpayer money to Trump the plaintiff, even if the lawsuit had no legal merit?

The presiding judge in the case called for a hearing on this issue, suggesting she might have to dismiss the case because of it. But this past Monday, possibly to avoid that hearing, the “parties” to the case announced a “settlement” in which Trump and the other plaintiffs agreed to drop their claims and, in exchange, the Justice Department—of which Trump is also essentially in charge—agreed to create an “Anti-Weaponization Fund.”

This fund, according to the published settlement agreement, will compensate people who were victims of “lawfare” and “weaponization,” which are defined as the “use of the levers of government power by Democrat elected officials, political and career federal employees, contractors, and agents to target individuals, groups, and entities for improper and unlawful political, personal, and/or ideological reasons.”

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
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USA
Donald Trump
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