Congress Is Best Chance to Stop Trump ‘Lawfare’ Fund, Attorneys Say

The Department of Justice’s creation of a $1.8 billion “lawfare” compensation fund for those allegedly targeted by the Biden administration has sent shockwaves through Washington. Lawmakers from both sides of the aisle are expressing concerns about the fund’s legality, citing the Appropriations Clause, which bars the U.S. Treasury from making payments that are not authorized by law as passed by Congress.

The DOJ is attempting to sidestep this constitutional requirement by claiming that the fund will receive money from the judgment fund, a perpetual appropriation allowing DOJ to settle and pay cases. However, experts argue that this reasoning is flawed because there is no statutory or legislative authority for such a fund. This lack of authority means that courts will be highly skeptical of its legality.

Former federal prosecutors Chris Mattei and Neama Rahmani have spoken out against the fund’s legitimacy, pointing out that it has no basis in law. They note that the precedent set by the Obama administration’s creation of a $760 million fund to address claims by Native American farmers is particularly relevant.

The Trump administration justifies the fund as reimbursement for those “destroyed” by the Biden administration’s alleged weaponization of law against Capitol defendants and others. However, closer examination reveals that the settlement is actually designed to bar the IRS from audits or enforcement actions against Trump and his family members for tax filings prior to the settlement.

President Trump’s language defending the fund is telling. He claims people were “destroyed” by the Biden administration’s actions, implying that the fund compensates those who suffered at the hands of a corrupt government. This narrative is unconvincing, given the precedent set by previous administrations.

The creation of this fund has exposed deep divisions within the government and raises questions about the limits of executive power. If the Trump administration can unilaterally create a $1.8 billion fund without congressional approval, what prevents future administrations from doing the same? The implications are far-reaching and threaten to undermine the balance of power between the branches of government.

Congress has a critical role in defending the Constitution and upholding its authority. Lawmakers must take action to challenge the fund’s legality and ensure that taxpayer money is not being used to settle frivolous lawsuits. Some lawmakers, such as Rep. Brian Fitzpatrick from Pennsylvania, have already expressed concerns about the fund, arguing that it represents “a massive discretionary fund, with no oversight or approval from Congress.”

As this controversy continues to unfold, it is essential to watch the courts closely. The lawyers challenging the fund’s legality will likely argue that it violates the Appropriations Clause. If they succeed, it would be a major blow to the Trump administration’s attempt to circumvent Congress and undermine the Constitution.

However, even if the fund is ultimately deemed unconstitutional, the damage has already been done. This incident exposes the darker aspects of our political system, where powerful individuals use their influence to manipulate the law for personal gain. The consequences will be far-reaching, threatening to erode trust in government and the rule of law.