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Federal Judge Brinkema Sides With Marc Elias To Kill The Fund That Would Compensate Lawfare Victims

The architects of government weaponization are now in federal court blocking the fund designed to compensate their victims.

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There are judicial rulings that raise complex legal questions, and there are rulings that expose a deeper rot. Judge Leonie Brinkema’s decision to block the Justice Department’s Anti-Weaponization Fund belongs firmly in the latter category. What occurred here transcends a routine dispute over government spending — it is a profound assertion of judicial overreach.

Brinkema ordered the Justice Department to cease “taking any further action pursuant to the creation or operation” of the Anti-Weaponization Fund. This is not a mere stay on payout but rather prevents the fund from even being established, barring the appointment of administrators, the creation of an operational structure, and even the most preliminary preparatory work.

This goes significantly further than the injunction that once halted construction of the White House ballroom. In that instance, physical construction had already begun. Here, the Justice Department is barred not merely from executing a project, but from drafting the plans, or assembling the team necessary to get it off the ground. That is a remarkable expansion of judicial authority over the executive branch.

Courts routinely review executive actions and examine the legality of programs. They do not, however, traditionally place themselves in the position of micromanaging the day-to-day internal operations of the executive branch. By preventing officials from performing any work related to the program, the court has effectively usurped the executive’s role. Anyone concerned with the constitutional separation of powers should find this deeply troubling, regardless of their personal views on the fund itself.

The Anti-Weaponization Fund was established as part of a settlement in President Trump’s lawsuit against the government regarding the unlawful disclosure of his tax information. The fund creates a pathway for individuals who believe they have........

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