A federal judge in Virginia has indefinitely blocked the Trump administration's proposed 1.8 billion dollar fund, expressing deep skepticism about conflicting statements from the White House and Justice Department about whether the initiative truly exists or could resurface in another form.
U.S. District Judge Leonie Brinkema issued the extended injunction Friday after growing frustrated with the government's inability to provide a clear, sworn answer on the fund's status. The fund was announced last month as compensation for people claiming they suffered "weaponization and lawfare" from federal authorities.
The contradiction at the heart of the case has become increasingly glaring. Acting Attorney General Todd Blanche told House lawmakers earlier this month the fund was dead, declaring "We're not moving forward with the fund, period." Within 24 hours, President Trump told reporters he was uncertain about the fund's future when asked directly whether it remained on hold or had been eliminated.
During Friday's hearing, Brinkema pressed Justice Department attorney Andrew Block on why the agency has not formally rescinded its original memo authorizing creation of the fund. When Block said he lacked direct communication with the attorney general, Brinkema responded sharply: "I can not believe given the significance you don't have an answer."
The judge said the missing documentation creates "a huge gap in the record" and raised concerns the fund could simply reappear under a different name. "When the President of the United States says he's going to be pretty upset if something happens, that's a pretty good incentive to do something," Brinkema noted, pointing to Trump's recent statements about his personal stake in the matter.
The fund would have been available to people charged and later pardoned by Trump for their conduct on January 6, 2021. In an NBC News interview last week, Trump declined to rule out using it to pay January 6 attendees charged with assaulting law enforcement officers.
Brinkema said she received evidence the public still views the fund as operational. A federal court in Alexandria actually received an application for money from the fund, which the court returned to the sender with a terse note: "We're not accepting applications." The judge also called the proposal itself "problematic," noting public opposition to diverting 1.8 billion dollars in taxpayer money to people convicted of crimes against federal law enforcement.
Under the terms of Friday's order, the Trump administration has one week to provide a sworn declaration from both acting Attorney General Todd Blanche and Treasury Secretary Scott Bessent stating under penalty of perjury that the fund is genuinely eliminated. Without such documentation, the block remains in place indefinitely.
Civil rights groups involved in the lawsuit celebrated the ruling. Democracy Forward president Skye Perryman said the court decision ensures "taxpayer dollars cannot be distributed through this unlawful scheme while the courts fully consider the serious constitutional issues at stake." Omar Noureldin from Common Cause called it "a massive win," while former federal prosecutor Andrew Floyd said he remained committed to ensuring the fund never becomes operational.
Author Sarah Mitchell: "The judge has essentially called the Trump administration's bluff, and now they have to either put up sworn statements or admit the fund isn't really as dead as they claim."
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