Bill Cassidy signs brief calling ‘weaponized’ funds a ‘grave threat’

Louisiana Republican Sen. Bill Cassidy signed a court brief calling President Donald Trump’s “anti-weaponization” fund a “grave threat” to Congress and constitutional order.

The court brief by Mr. Cassidy and Sen. Cory Booker (D.N.J.) was filed Wednesday in a lawsuit challenging the fund that is pending in a Virginia court. Cassidy lost a runoff in Louisiana last month amid a pro-Trump primary, but Congress is considering amendments to the budget reconciliation bill that could eliminate the “legislative” fund entirely.

Mr. Cassidy’s inclusion in the brief reflects widespread opposition to the fund by Senate Republicans, who rarely oppose Mr. Trump because of the potential political fallout. It also highlights how Cassidy, who no longer has to run for office, could complicate future Senate votes.

The brief argues that the court that suspended the funds in May should uphold that injunction. The senators argued that the fund was an “immediate and dire threat to our constitutional order and the authority of Congress.”

“The existence of the fund is at the heart of Congress’s authority and constitutional order,” the senators said.

Lawmakers claim the fund violates “appropriations, appropriations, and appointments” and oversteps Congress’ authority over the federal budget. They also claim it could provide financial compensation to violent rioters who were convicted of storming the Capitol on January 6, 2021, in an attempt to disrupt the certification of former President Joe Biden’s election victory.

“Intentionally using public funds to compensate these perpetrators in violation of this nation’s Constitution and laws is tantamount to using the machinery of a democratic government to subsidize an attack on its most fundamental processes,” the brief reads.

The fund was established as part of President Trump’s $10 billion settlement of a lawsuit against the Internal Revenue Service over leaked tax returns. Instead of dropping the case, the Justice Department established a $1.8 billion legal relief fund to compensate victims of what the administration called “the law.”

Acting Attorney General Todd Blanche testified before Congress on Tuesday that the Justice Department has permanently abandoned the weaponization fund and has no intention of pursuing it regardless of the outcome in court. But Trump and his family remain protected from audits and other tax enforcement actions related to tax returns filed before last month’s out-of-court settlement of the lawsuit, pursuant to the original settlement that created the fund.

And Trump told reporters in the Oval Office on Wednesday that he didn’t know if the case was “dead” or “pending” and said he would have to “ask my lawyer.”

Critics say the Justice Department’s initial statement that it would not move forward with the fund did not make clear whether the department had withdrawn its plans for the fund and is seeking a more permanent solution.

“The court should uphold the injunction against implementation of the anti-weaponization fund and ultimately adjudicate plaintiffs on this issue,” the senators wrote in their brief.