Democrats press Blanche on whether DOJ judgment fund will pay ‘weaponization’ victims

Although the Justice Department killed its controversial “anti-weaponization” fund, the attorney general has expressed interest in alternative measures to reward people Trump believes were unfairly targeted by the government.WASHINGTON (CN) — Senate Democrats on Friday demanded Attorney General Todd Blanche explain whether the Justice Department was considering using an existing judicial payments fund to reward people who might have benefited from the now-defunct “anti-weaponization” fund that nearly cost him his job.The scrutiny from lawmakers comes shortly after Blanche suggested the Trump administration was exploring other relief options for people who believe they were unfairly targeted by the government, saying President Donald Trump wants to “make them whole.”Writing in a letter to the freshly minted attorney general on Friday, Democrats on the Senate Judiciary Committee led by California Senator Adam Schiff questioned whether the Justice Department had paved a “clear avenue” for an alternative to the defunct $1.8 billion weaponization fund. Blanche himself signed an order earlier this month killing the program amid his contentious Senate nomination process — but Democrats argued his memorandum did not guarantee the Trump administration would never revive the fund or use another mechanism to offer relief payments.The lawmakers pointed to media reports that Justice Department officials are “actively exploring” making payments to defendants in cases related to the Jan. 6, 2021, Capitol riot and other allies of the president through the agency’s judgment fund. The fund is a permanent account the Justice Department uses to pay court judgments, administrative claim awards and settlement agreements.The agency is also reportedly considering a mechanism through which claimants could seek relief under the Federal Tort Claims Act, a federal law that allows people to sue the government for personal injury or other damages caused by federal workers.“This is consistent with the way that DOJ has misused federal resources for this purpose since the start of this administration,” wrote the Senate Democrats. “We are deeply concerned by this administration’s continued efforts to use taxpayer resources — including the Judgment Fund — to reward its allies, while claiming to disavow any payouts through the Anti-Weaponization Fund.”The Justice Department told Courthouse News in a statement it had received the Democrats’ letter but declined to comment on its content, saying instead the agency was “ensuring the appropriate personnel at the department are reviewing it carefully."Blanche, for his part, has not publicly said whether he believes the judgment fund or Federal Tort Claims Act are appropriate alternatives for people who might have been eligible for the weaponization fund. But he has indicated the agency might take such a step.Speaking to reporters during a news conference on Wednesday, the attorney general said both he and Trump believed that the Justice Department had been “absolutely weaponized” against some people and that the president “feels very strongly he would want to make them whole, as do I.”“But it will not be through the anti-weaponization fund,” Blanche added.The moribund weaponization fund was established in the spring following a settlement between Trump and the IRS over the 2019 leak of his tax returns. The Justice Department at the time posed the $1.8 billion slush fund as a “systematic” option for people targeted by the government to seek financial relief.The program garnered immediate backlash from both Democrats and Republicans, some of whom worried the fund could be used to pay people convicted of violent crimes, such as assaulting police officers during the Capitol riot.Blanche, at the time acting attorney general and the president’s nominee for the full-time role, faced an uphill confirmation battle in the Senate thanks to his oversight of the weaponization fund. His nomination nearly failed at the committee level thanks to pushback from two Republicans — Senator John Cornyn of Texas and Senator Thom Tillis of North Carolina — who withheld their crucial votes until Blanche agreed to rescind the weaponization fund in writing.And even after he cleared that hurdle, Blanche nearly failed to secure the required votes for Senate confirmation. Republican senators who opposed his nomination pointed to the weaponization fund as a central cause.The attorney general was ultimately confirmed over the weekend thanks to Louisiana Senator Bill Cassidy, who announced after a long deliberation he would vote for Blanche.Writing to Blanche on Friday, the group of Senate Democrats claimed any attempt to chart an alternative course to the weaponization fund would amount to an end-run around Americans’ political will.“The strong public and political backlash to the illegal Anti-Weaponization Fund was animated by a repulsion to the concept that the president’s political allies — including January 6 insurrectionists who beat U.S. Capitol and D.C. police officers — would benefit financially from their crimes,” they wrote. “Yet, the department is quietly creating that reality.”Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads