Todd Blanche told Congress on June 2, “We’re not moving forward with the fund — period.” On Friday, the DOJ refused to put that position into a sworn declaration for Judge Leonie Brinkema, keeping the nearly $1.8 billion anti-weaponization fund in dispute.
Brinkema had asked for written confirmation that the Trump administration was not moving forward with the fund. She said she would likely dismiss the pending challenge if that filing arrived, and would move ahead with the case if it did not.
Blanche’s June 2 testimony
Blanche described the fund as a “lawful process for victims of lawfare and weaponization” to “seek redress.” The declaration the court wanted would have been expected to carry the same position under penalty of perjury from Blanche and Scott Bessent.
The DOJ chose a different route. In its filing, it said, “Such declarations are unnecessary and the compelled testimony of senior officials from the Executive Branch implicates serious separation of powers concerns.” It also said, “All these statements were made under the backdrop of serious penalties for falsity.”
Judge Leonie Brinkema’s deadline
Brinkema set the Friday deadline after a hearing last week in Virginia, where she indefinitely extended her block on the DOJ’s proposed compensation fund. The fund had been set up as part of a settlement tied to Donald Trump’s $10 billion lawsuit against the IRS over a leak of his tax returns.
The court now has two written positions pointing in opposite directions: Blanche’s testimony says the fund is not moving forward, while the DOJ says that testimony should be enough for mootness analysis without a sworn declaration. Brinkema’s next step will determine whether the legal challenge ends on the paper record she already has or stays alive for further litigation.
DOJ’s written refusal
The department also told the court, “So there is no reason why declarations should affect the Court’s mootness analysis.” That leaves the dispute centered on procedure: whether a congressional statement from Blanche is enough, or whether the court can insist on a sworn filing before closing the case.
For the administration, the practical question is whether the fund is treated as abandoned in court or remains under challenge. For Blanche, the issue also carries political weight because his permanent nomination to head the department is pending.
Capitol Hill is likely to react to the refusal, but the immediate legal consequence sits with Brinkema. If she accepts the DOJ’s position, the challenge could end without the declaration she asked for; if she does not, the fight over the fund continues.
