A bipartisan group of 35 former federal judges has asked a Florida court to reopen the legal case between Donald Trump and the Internal Revenue Service, alleging the out-of-court settlement may have been fraudulent and deceptive to the court.
In a May 27 filing, the ex-judges argued that Trump and co-plaintiffs did not disclose the planned settlement when moving to voluntarily withdraw the lawsuit. The agreement included a controversial $1.766 billion “anti-weaponization” fund, which could provide payments to Trump’s political allies.
Allegations of Fraud Against the Court
The judges stated that the settlement effectively diverted billions from the U.S. Treasury to recipients chosen by a commission largely controlled by Trump, without judicial review.
“The Court was deceived,” the motion reads, adding that the settlement “commandeers the contrived sum of $1.776 billion from the United States Treasury, to be handed out to recipients chosen by a commission effectively controlled by the President.”
The former judges said reopening the case would allow the court to investigate whether the judicial process was manipulated, including examining the legitimacy of the underlying case and the nature of the settlement negotiations.
Legal Basis and Notable Signatories
Among those signing the motion is former Michael Luttig, a conservative judge who testified for the House January 6 Select Committee. The ex-judges cited a federal rule allowing courts to set aside judgments obtained through fraud against the court.
The motion claims that Acting Attorney General Todd Blanche overstepped his authority in creating the anti-weaponization fund, which they argue lacks a legitimate litigation basis and was collusive.
Controversial Provisions of the Settlement
The agreement with the IRS not only created the fund but also guarantees that the agency will no longer pursue tax liabilities against Trump, his family, or his companies. The fund has faced criticism for minimal oversight, with Blanche appointing a five-member committee to decide payouts.
Concerns have also been raised that individuals connected to the January 6 Capitol attack could potentially receive compensation. Two Capitol police officers have filed a lawsuit attempting to block the fund.
Trump defended the fund, calling it a way to provide “justice” for those he claims were unfairly targeted by previous Democratic administrations.
