Plaintiffs who blocked former President Trump's proposed 'Anti-Weaponization Fund' have refiled a lawsuit seeking to void a one-page IRS immunity memorandum they say shields Trump, his family and businesses from tax probes. The memorandum was part of a settlement after Trump sued the IRS for $10 billion and accompanied a proposed nearly $1.8 billion fund that a judge has blocked. Plaintiffs argue the immunity deal violates federal law and constitutes an unconstitutional emolument, and they ask the court to permanently set aside both the fund and the immunity order.
Plaintiffs Ask Judge To Void IRS 'Immunity' Deal Shielding Trump After Court Blocks 'Slush Fund'
Acting Attorney General Todd Blanche has approved a 'breathtakingly corrupt' tax deal that prevents investigations into Trump and his family, according to a federal lawsuit (Reuters)
Plaintiffs who successfully blocked former President Donald Trump's proposed 'Anti-Weaponization Fund' have refiled a federal lawsuit asking a judge to invalidate a one-page IRS immunity memorandum they say shields Trump, his family, and related businesses from tax investigations.
The complaint, refiled on Thursday, was brought by a former federal prosecutor and other plaintiffs — including New Haven Mayor Justin Elicker — who say they were victims of retaliatory government actions. The filing follows testimony and debate over Acting Attorney General Todd Blanche's role in preserving the IRS portion of the disputed settlement during his confirmation process.
Background
The contested agreement arose after Trump sued the IRS in January seeking $10 billion. As part of the settlement reached earlier this year, the Justice Department and Trump reportedly agreed on two major elements: a nearly $1.8 billion fund intended for alleged 'victims' of government 'weaponization' and a separate one-page memorandum described by plaintiffs as an immunity shield preventing IRS audits and tax recovery actions tied to ongoing investigations.
Fund Blocked, But Immunity Memo Remains
U.S. District Judge Leonie Brinkema has indefinitely blocked implementation of the proposed fund, which critics called a 'slush fund' for political allies. Acting AG Blanche publicly stated that plans for the fund were 'rescinded and shall have no force or effect.' However, plaintiffs contend that Blanche's statement does not dismantle the underlying settlement or remove the immunity memorandum itself, which they say remains on the books and could be revived without a court order.
As an apparent condition for dropping his $10 billion lawsuit against the IRS, the president has sought to open an 'Anti-Weaponization Fund' for aggrieved allies and receive an immunity deal that shields him from tax audits (AFP/Getty)
Legal Claims
The suit argues the immunity memorandum violates federal law that bars the president from intervening to halt audits of particular taxpayers — including himself — and that it creates an unconstitutional emolument by shielding the president and his businesses from tax exposure. Plaintiffs are asking the court to halt and permanently set aside both the fund and the immunity order.
"The IRS should not be weaponized to shield President Trump, his family, and their businesses from paying their fair share of federal taxes," said Mayor Justin Elicker, one of the plaintiffs.
Skye Perryman, president and CEO of Democracy Forward, which represents the plaintiffs, said the amended complaint shows the administration has not dismantled the agreement that created the fund and has left the legal mechanisms intact to restore it in the future.
Political Context
The dispute has played a role in Blanche's confirmation process: the Senate Judiciary Committee recently voted along party lines to advance his nomination to the full Senate, where his confirmation is expected to be narrowly decided.
What Plaintiffs Want: A court order permanently voiding the immunity memorandum and preventing the creation or operation of the proposed Anti-Weaponization Fund.
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