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The Dictatorship

Trump moves to dismiss $10B suit against IRS

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Trump moves to dismiss $10B suit against IRS

WASHINGTON (AP) — The Trump administration announced Monday the creation of a nearly $1.8 billion fund to compensate allies of the Republican president who believe they have been unjustly investigated and prosecuted, an arrangement that Democrats and government watchdogs derided as “corrupt” and unconstitutional.

The “Anti-Weaponization Fund” of $1.776 billion is part of a settlement that resolves President Donald Trump’s lawsuit against the Internal Revenue Service over the leak of his tax returns. It will allow people who believe they were targeted for prosecution for political purposes, including by the Biden administration Justice Department, to apply for payouts, creating what acting Attorney General Todd Blanche called “a lawful process for victims of lawfare and weaponization to be heard and seek redress.”

“The machinery of government should never be weaponized against any American, and it is this Department’s intention to make right the wrongs that were previously done while ensuring this never happens again,” Blanche said in a statement that made no mention of how investigations and prosecutions of Trump’s political opponents under his watch have exposed the Justice Department to the same claims of politicized law enforcement that he said he opposed.

Blanche is expected to be pressed on the fund when he testifies Tuesday on Capitol Hill about the Justice Department budget.

Nearly 100 Democrats in the House of Representatives signed onto a legal brief urging a judge to block what they described as an unprecedented resolution that they said would unjustly enrich people close to the president with taxpayer dollars and open the door to meritless claims of political persecution.

“This is one of the single most corrupt acts in American history,” Donald Sherman, the president of Citizens for Responsibility and Ethics in Washington, said in a statement.

The fund would represent not only a highly unorthodox resolution but also a further demonstration of the administration’s eagerness to reward allies of Trump who have long insisted that they have been unjustly investigated and in some cases charged and convicted. Most notably, the president on his first day back in office pardoned or commuted the sentences of supporters who rioted at the U.S. Capitol on Jan. 6, 2021. His Justice Department since then has approved payouts to supporters entangled in the Trump-Russia investigation and investigated and prosecuted some of his perceived adversaries.

Trump’s attorneys suggested in their court filing seeking to dismiss the case that the resolution would not be reviewable by a judge. But a group of 93 members of Congress filed a brief teeing up a challenge.

“This case is nothing but a racket designed to take $1.7 billion of taxpayer dollars out of the Treasury and pour it into a huge slush fund for Trump at DOJ to hand out to his private militia of insurrectionists, rioters, and white supremacists, including those who brutally beat police officers on January 6, 2021, and sycophant accomplices to his election stealing schemes,” Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, said in a statement.

Trump has long raised ‘weaponization’ claims

The Justice Department did not name specific individuals who might stand to benefit from the fund, but said there were no “partisan requirements” for applicants and that anyone who believes they’ve been unfairly persecuted could seek a payout as well as an apology. A five-member commission appointed by Blanche will oversee the fund.

The creation of the fund is in keeping with Trump’s long-running claims that the Justice Department during the Biden administration was weaponized against him.

He has cited as proof the since-abandoned criminal charges he faced between his first and second terms of conspiring to overturn the results of the 2020 presidential election and of retaining classified documents at his Mar-a-Lago estate in Florida. As a condition for resolving the lawsuit, Trump has agreed to resolve administrative claims in which he sought compensation over the Mar-a-Lago investigation and a separate probe into ties between his 2016 campaign and Russia, an inquiry that unfolded during his first term in office and that he has long railed against.

At the White House on Monday afternoon, Trump was asked if individuals who committed violence on January 6th should receive compensation from the fund. “It’ll all be dependent on a committee,” Trump said, adding, “I didn’t do this deal. It was told to me yesterday.” He said the fund was dedicated to “reimbursing people who were horribly treated.”

Merrick Garland, who served as attorney general during the Biden administration, has repeatedly denied allegations of politicization and has said his decisions followed facts, the evidence and the law. His Justice Department investigated prominent Democrats too, most significantly by appointing a special counsel who scrutinized President Joe Biden for his handling of classified information. Another special counsel brought tax and gun charges against Biden’s son Hunter.

Nonetheless, Trump’s current Justice Department has actively pursued the president’s retribution campaign, bringing criminal charges against some of his political opponents and initiating a wide-ranging investigation that aims to establish a yearslong conspiracy between law enforcement and intelligence officials against Trump.

In defending the deal, the Justice Department pointed to a fund established by the Obama administration to compensate Native American farmers who said they had experienced racial discrimination. But that fund was not created with a goal of benefiting allies of the president who had been previously investigated for potential criminal conduct.

Trump’s lawsuit followed the leak of tax returns

Trump alleged in a lawsuit filed in Florida earlier this year that a previous leak of his and the Trump Organization’s confidential tax records caused him reputational harm and unfairly tarnished his business reputation.

The president’s sons Donald Trump Jr. and Eric Trump also joined the suit.

In 2024, former IRS contractor Charles Edward Littlejohn, who worked for Booz Allen Hamilton, a defense and national security tech firm, was sentenced to five years in prison after pleading guilty to leaking tax information about Trump and others to two news outlets between 2018 and 2020.

The outlets were not named in the charging documents, but the description and time frame align with stories about Trump’s tax returns in The New York Times and reporting about wealthy Americans’ taxes in the nonprofit investigative journalism organization ProPublica. The 2020 New York Times report found Trump paid $750 in federal income tax the year he first entered the White House, and no income tax at all some years, thanks to reported colossal losses.

In the first sign that a settlement was coming, lawyers for the president asked a judge last month to pause the case for 90 days while the two sides work to reach a settlement or resolution.

Kathleen Williams, the judge handling the lawsuit, dismissed the case Monday and in her filing admonished the government agencies, notably the Justice Department, for not being transparent about the settlement deal.

She said no agency “submitted any settlement documents nor filed any documents ensuring that settlement was appropriate where there was an outstanding question as to whether an actual case or controversy existed.”

Williams had previously assigned a group of attorneys to determine whether there was a conflict in the case since, as sitting president, Trump was suing “entities whose decisions are subject to his direction.”

The lawyers group wrote the court this month expressing concerns about whether the Justice Department was properly insulated from the president’s control of the case.

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The Dictatorship

Maricopa County official fears Stephen Miller’s group has taken over election office

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Maricopa County official fears Stephen Miller’s group has taken over election office

Even the Republican county attorney in Arizona’s most populous locality is sounding the alarm on potential election meddling by MAGA world.

That’s the crux of a court filing submitted by Maricopa County Attorney Rachel Mitchell this week. For those unaware, Mitchell garnered national attention after Senate Republicans tapped her to question Christine Blasey Ford during Supreme Court Justice Brett Kavanaugh’s confirmation process after Ford alleged that Kavanaugh sexually assaulted her as a teenager. Kavanaugh has flatly denied the allegation.

Two years later, Mitchell successfully ran for Maricopa County attorney, and she endorsed Donald Trump’s presidential campaign in 2024 — in other words, she is not an opponent of the MAGA movement. So it’s noteworthy that she and her legal team are accusing America First Legal, the right-wing activist group founded by White House adviser Stephen Miller, of effectively taking control of the Maricopa County Recorder’s Office, which helps administer elections.

The office is led by Justin Heap, who has egged on the Trump administration’s push to acquire sensitive voter data in Arizona. And the disturbing context to all this is Trump has openly declared that Republicans should nationalize voting processes and “take over the voting” in several cities — like Phoenix, perhaps.

According to The Arizona Republic:

In a June 8 legal filing, Mitchell’s lawyers asked Maricopa County Superior Court Judge Scott Blaney to rein in Recorder Justin Heap’s politically connected firm, the America First Legal Foundation, which it said has undertaken “an unprecedented power grab.”

“The Recorder lacks any explicit or implicit statutory authority to hire outside counsel — let alone a partisan organization — to serve as in-house counsel on ‘all’ matters under his ‘purview,’” Mitchell’s lawyers wrote.

America First Legal is advising Heap’s office as he battles the Republican-controlled Maricopa County Board of Supervisors in an attempt to claim official powers for himself. As Democracy Docket reportedthe dispute at one point allegedly involved Heap seizing election equipment and provisional ballot envelopes while votes were being cast in a local election in March, causing county supervisors to warn about “grave chain-of-custody concerns.”

The Arizona Republic said Mitchell listed several examples of America First Legal wielding unauthorized power in Heap’s office amid the dispute with the board:

Mitchell’s request, handled by the law firm of Snell and Wilmer, identified six examples of what she contends involves America First Legal going beyond Blaney’s intended role for them: litigating the power-sharing agreement with the board.

Now, Mitchell argues, America First Legal has claimed authority over all matters relating to early voting, told election officials to disregard directives from or seek advice from Mitchell’s office, threatened prosecution over drop boxes and sent a warning letter signaling new litigation against the board.

Let’s not downplay the crisis playing out here. The GOP-controlled Board of Supervisors and the Republican county attorney overseeing the largest county in Arizona, where the majority of the state’s voters live, are calling out the pro-MAGA county recorder, who stands accused of allowing a right-wing activist group, founded by a White House official, to have unchecked power over electoral processes. (Heap’s office did not immediately respond to MS NOW’s request for comment.)

The fact that even conservative officials are sounding the alarm here shows how extreme, unprecedented and potentially threatening to democracy this situation could prove to be.

Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.

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Court denies request to immediately block DOJ ‘slush fund’

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Court denies request to immediately block DOJ ‘slush fund’

A federal judge in Washington has denied a bid Wednesday brought by a watchdog group to immediately block the Justice Department’s “anti-weaponization” fund, for now choosing to trust the department’s assertions that it is not moving forward with the fund.

U.S. District Judge Richard Leon ruled immediately, denying Citizens for Responsibility and Ethics in Washington’s request for a temporary restraining order that would have blocked the Department of Justice from taking steps to create the fund.

Throughout the 30-minute hearing, the DOJ reiterated that the administration was not moving forward with the nearly $1.8 billion fund, which seeks to compensate individuals who allege they have been politically targeted or victimized by the DOJ.

Andrew Block, the only lawyer present for the government, repeatedly cited Acting Attorney General Todd Blanche’s June 2 congressional testimonyin which he said the administration was “not moving forward” with plans to create the fund.

Leon indicated he agreed with the DOJ’s position that the case appeared to be moot, saying he was not persuaded there was an issue for the court to decide regarding the creation of the fund. He issued a stern warning to the DOJ, saying, “Don’t play possum with this court!” — meaning he does not want to be deceived.

The plaintiffs argued Blanche’s testimony did not amount to an official cancellation. Nikhel Sus, CREW’s attorney, said Blanche “refused to memorialize that rescission,” or in other words, put it in writing. Sus said that was “highly unusual.” Leon responded, “This whole case is highly unusual to say the least.”

Leon asked the government twice why they would not just rescind the order that established the fund. Block responded, “I don’t know,” and pointed again to Blanche’s public statements about the fund’s future.

Both Leon and Sus raised the issue of Trump’s continued public defense of the fund. “It can still be an important issue and also not moving forward,” Block said. “That isn’t a direction to move forward with the fund.”

Although Leon rejected CREW’s bid for an immediate block, he indicated he is still considering its request for a longer-term block against the fund.

A block order from a separate federal judge in Virginia remains in effect until at least Friday.

Fallon Gallagher is a legal affairs reporter for MS NOW.

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‘Incredibly dangerous’: Capitol officer badly beaten by Jan. 6 rioters says Trump pardons absolved them

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‘Incredibly dangerous’: Capitol officer badly beaten by Jan. 6 rioters says Trump pardons absolved them

When FBI agents confronted Daniel Rodriguez about using a stun gun on a Washington police officer during the Jan. 6, 2021, attack on the U.S. Capitol, he wept, seeming to express remorse.

“I’m sorry,” he said through tears in a recorded interview after he was arrested in March 2021. “He’s a human being with children, and he’s not a bad guy. He sounds like he’s just doing his job and he’s — I’m an asshole.”

Two years later, as he was being led away after a judge sentenced him to more than 12 years in prison, Rodriguez raised his fist and screamed, “Trump won!”

Rodriguez is now a free man. The hefty prison sentences imposed on him and four other people convicted of assaulting police officer Michael Fanone — who was dragged into the crowd and severely beaten — were all wiped away in one of Donald Trump’s first acts as president in January 2025: He pardoned almost 1,600 people charged or convicted for their involvement in the riot.

Trump has used the clemency power like no president in history, freeing fraudsters, drug traffickers and corrupt politicians.

But his pardon of Jan. 6 defendants, more than 170 of whom pleaded guilty to assaulting law enforcement officers, stands apart. MS NOW is spotlighting the clemency granted to Jan. 6 defendants as part of a series on Trump’s pardons, “Justice Interrupted.”

“It’s incredibly dangerous,” Fanone told MS NOW in an interview. “You have individuals who were inspired by Donald Trump’s lies to storm and assault the Capitol and try to prevent the certification of a free and fair election. Donald Trump then absolved them of all of their criminal culpability.”

Officer Michael Fanone is sworn in before testifying to the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol in Washington, DC.
Officer Michael Fanone is sworn in before testifying to the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol on July 27, 2021 in Washington, DC. Chip Somodevilla / Getty Images

Trump’s first attorney general and his FBI director each told Congress they opposed pardons for people who hurt police officers, but the president did it anyway. Afterward, even some of his biggest backers balked.

“Pardoning the people who went into the Capitol and beat up a police officer violently, I think, was a mistake, because it seems to suggest that’s an OK thing to do,” Sen. Lindsay Graham, R-S.C., said on NBC’s “Meet the Press” after the pardons in 2025.

Republican Sen. Thom Tillis said on the Senate floor this past January, “People that harm police officers and destroy federal buildings should go to prison, and it’s a damn shame they’re out.”

Trump has never explained why he freed those rioters who violently assaulted police officers. When correspondent Peter Alexander confronted the president about his pardon of the man who shocked Fanone in the neck, Trump brushed aside the question.

“Among those you pardoned, D.J. Rodriguez,” Alexander said to Trump. “He drove a stun gun into the neck of a D.C. police officer who was abducted by the mob that day. He later confessed on video to the FBI and pleaded guilty for his crimes. Why does he deserve a pardon?”

Trump replied, “Well, I don’t know. Is it a pardon? Because we’re looking at commutes and we’re looking at pardons.” Told it was a pardon, he responded, “OK, well, we’ll take a look at everything. But I can say this: Murderers today are not even charged.”

But there was nothing, as Trump commented, to “look at.” Pardons are not reversible.

Fanone believes Trump knew exactly what he was doing: rewarding people who committed violence on his behalf.

“I know that he knows that it was violent. I know that he knows that, and I think that that was intentional,” he said.

In addition to Rodriguez, three others who attacked him were spared most or all of their prison terms:

  • Albuquerque Cosper Head got 7 1/2 years for dragging Fanone into the mob while yelling, “I got one!”
  • Kyle Young was sentenced to seven years, and Lewis Wayne Snoots to six, for helping to restrain Fanone during the attack.
  • Thomas Sibick was sentenced to just over four years for assaulting Fanone and stealing his badge and radio.

Liz Oyer, a former Justice Department pardon attorney, said Trump has disregarded the normal tradition of presidential clemency.

“The things that the Justice Department traditionally looks for are acceptance of responsibility, remorse, rehabilitation, a significant track record of good conduct in the community before we would recommend someone for consideration of a presidential pardon,” she said, adding that few, if any, of the Jan. 6 defendants met that qualification.

“This president’s use of the pardon system is really undermining the legitimacy of our justice system,” she said.

In fact, a Lawfare analysis found that at least 97 of the roughly 1,600 people charged in the Capitol attack have been accused of new crimes since Jan. 6, 2021. At least 19 were accused after being pardoned.

One of the first rioters to breach police barricades, Christopher Moynihanpleaded guilty in February in New York to a harassment charge over threats to kill House Democratic Leader Hakeem Jeffries. Moynihan was later sentenced to three years’ probation.

Zachary Alam (C) shown during the Jan. 6 riots.
Zachary Alam (C) shown during the Jan. 6 riots. United States District Court for the District of Columbia

Zachary Alama man a judge called “one of the most violent and aggressive rioters,” was sentenced in May to seven years in prison after a jury convicted him of committing a home invasion burglary in Virginia.

Mug shot of Andrew Paul Johnson.
Mug shot of Andrew Paul Johnson. Hernando County Sheriff’s Office

Andrew Paul Johnsonconvicted of illegally entering the Capitol, was pardoned despite having been accused of molesting children. In May, he was sentenced to life in prison for the sex crimes.

Fanone wasn’t supposed to be at the Capitol that day, but he rushed there when he heard the distress calls.

He was pulled into a crowd of attackers as he was trying to keep them out of the building. He was holding on to his service weapon to keep it from being taken from him. But once he felt the excruciating, debilitating shock from Rodriguez’s weapon, he knew he was in a dire situation; in fact, he thought he might be killed.

Officer Michael Fanone's body-worn camera depicts Thomas Sibick's violent attack on Fanone by robbing the officer of his MPD-issued radio and badge.
Officer Michael Fanone’s body-worn camera depicts Thomas Sibick’s violent attack on Fanone by robbing the officer of his MPD-issued radio and badge. United States District Court for the District of Columbia

“I knew at that point that I was not going to be able to fight my way out of this,” Fanone remembered. “I wasn’t even going to be able to maintain control of my weapon. The only solution here was that people in the crowd helped me, and when I yelled out that I have kids, it worked.”

His doctors say Fanone suffered a heart attack.

Trump supporters have wrongly called Fanone a “crisis actor,” disputing that he really was attacked. Ed Martin, who once represented Jan. 6 defendants and is now the Justice Department’s pardons attorney, called him a “fake cop.”

Fanone says his life, and the lives of his loved ones, has never been the same.

“My mother’s been the target of swatting events eight times. She had a credible bomb threat called into her home,” he said.

“She had an individual pull up to her house in a pickup truck, approach her in her front yard while she was raking leaves, and throw a bag of dog feces at her.”

In an apparent attempt to wipe the charges, convictions or sentences of Jan. 6 offenders from public knowledge, the Justice Department recently took down press releases naming them from its website, calling it “partisan propaganda.”

Anyone who tries to find the official DOJ announcements of the convictions or sentencing of the men who attacked Fanone will see only broken links.

Ken Dilanian is the justice and intelligence correspondent for MS NOW.

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