The creation of an “Anti-Weaponization Fund” at the Department of Justice may have shocked a lot of people, but not Paul Figley, a legal scholar and former DOJ staffer who has spent years warning that taxpayer money could be used by an administration for political ends in just this way.

The fund, the result of a settlement of legal claims by Donald Trump and his family against the IRS, aims to compensate those who “suffered weaponization and lawfare” at the hands of the federal government. It has already been called a “slush fund” by the New York Times editorial board, which noted – as many have – that it’s likely to pay much of its US$1.8 billion funding to Trump allies who rioted at the U.S. Capitol on Jan. 6, 2021.

The money comes from what’s called the Judgment Fund, set up in the Department of Treasury by Congress in the 1950s to pay legal judgments and settlements involving the federal government. In doing so, Congress gave away a portion of its foundational, constitutional role: The power to control government spending. Figley, who worked at the Department of Justice and is also an emeritus professor of legal rhetoric at American University Washington College of Law, has warned Congress and others that by putting decisions about such huge payouts in the hands of the executive branch, the fund would inevitably be hijacked for political purposes. Naomi Schalit, The Conversation’s politics and legal affairs editor, spoke with Figley.

What is the Judgment Fund, and why was it created?

The Judgment Fund is a permanent, indefinite appropriation that Congress established to pay most judgments and settlements against the federal government. Prior to 1956, whenever a judgment or settlement was agreed upon or finalized, Congress would have to appropriate money to pay it. That meant the administration and Congress would have to go through kind of a karaoke: “Here’s a........

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