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Judge throws out Trump tax settlement with Justice Department

A federal judge found the deal unlawful, saying Trump and the Justice Department were not genuinely opposing sides in the case.

Daniel Okafor

By Daniel Okafor · Business Editor

3 min read

Judge throws out Trump tax settlement with Justice Department
Photo: Al Jazeera

A federal judge has voided a civil settlement between President Donald Trump and the Department of Justice, finding the agreement unlawful. The decision matters because it rejects a deal that would have tied $1.8bn in taxpayer funds to a compensation fund and given Trump broad tax protections, according to AP and Reuters.

US District Judge Kathleen Williams issued the ruling on Monday. AP and Reuters reported that Williams broadly described the arrangement as self-dealing.

Trump filed a $10bn lawsuit against the Internal Revenue Service in January, accusing the agency of failing to properly prevent the leak of his tax returns during his first term as president. The Department of Justice later reached a settlement with Trump that would have directed $1.8bn to a fund for people the administration described as victims of government “weaponisation” and “lawfare”, according to AP and Reuters.

The settlement also included broad tax protections for Trump, AP and Reuters reported.

Judge says the lawsuit lacked a real dispute

Williams found that Trump and the Justice Department were not truly adverse parties, a requirement for civil litigation under the US Constitution. In her ruling, she said the suit and the conduct of the parties showed an attempt to use the court to give legitimacy to an agreement that would grant immunity to people and entities tied to the president and set aside billions of dollars in taxpayer money for grievances “not defined in the law”.

Williams wrote that judges have a duty to ensure courts are used only for the purposes set out by the Constitution. She said the court had to carry out that duty in the matter before it.

The ruling came after the administration had already retreated from the proposed “Anti-Weaponization Fund” following opposition from lawmakers in both parties, according to AP and Reuters. Even so, the decision is a sharp setback for the administration and may affect acting Attorney General Todd Blanche, who faces a confirmation hearing next week.

Williams suggested Blanche appeared to act for both Trump and the Justice Department during the proceedings. The judge pointed to what she called his “apparent capacity to speak for both Plaintiffs and Defendants”, AP and Reuters reported.

Ethics referrals ordered

Williams also referred Alejandro Brito, a lawyer for Trump in the case, to state bar authorities. She made the same referral for senior Justice Department officials who approved the settlement, asking bar authorities to determine whether their actions violated legal ethics rules, according to AP and Reuters.

The ruling leaves the settlement invalid and places new scrutiny on how the Justice Department handled litigation involving the president. AP and Reuters reported that Williams framed the case as one in which the court was asked to bless an agreement between parties who were not genuinely in conflict.

This story draws on original reporting from Al Jazeera.