How to Rob Taxpayers of $1.8 Billion Without Really Trying

For the second time in two months, Donald Trump is walking back maximalist threats against Iran by claiming another nation talked him out of an attack he was totally going to make. In a Truth Social post yesterday, Trump said that the Emir of Qatar, the crown prince of Saudi Arabia, and the president of the United Arab Emirates had asked him to “hold off on our planned Military attack on the Islamic Republic of Iran” in the hope that “a Deal will be made, which will be very acceptable to the United States of America, as well as all Countries in the Middle East, and beyond.” Hope springs eternal! Happy Tuesday.

Bill and Andrew will be on Substack and YouTube at 10 a.m. EDT for Morning Shots Live. See you there!

Trump’s Ultra-Corrupt Settlement Fund Is Even Worse Than We Thought

by Andrew Egger

When I wrote Friday about the news that Donald Trump was about to drop his $10 billion IRS lawsuit in exchange for the creation of a $1.776 billion taxpayer-cash slush fund for his allies who claim the Biden administration “weaponized” the law against them, I noted that nothing was yet set in stone. At that moment, it still seemed possible that this obscene settlement—Trump’s biggest, most lawless, most brazen theft of taxpayer cash yet—might yet give them cold feet.

But no: Yesterday, they made the thing official. In fact, it’s somehow even worse than advertised.

It’s impossible to overstate this basic fact: Everything about the settlement fund, from the circumstances of its creation to the claims it makes about its own enforcement, is deliberately structured to short-circuit all outside accountability, government oversight, or judicial review. As I wrote Friday, there was a reason Trump’s guys (who happened to be both the plaintiffs and the defendants in the case) were hustling to reach the settlement quickly: The judge in the IRS case had been signaling her suspicion that Trump and his government were not actually on opposite sides of the claim, suggesting she was considering throwing out the case altogether. If they wanted to carry out the heist, time was of the essence.

The Justice Department’s enforcement order, released yesterday, and the settlement terms released last night carry on in this dubious fashion. According to Acting Attorney General Todd Blanche, the United States loses custody and control of the $1.776 billion the minute it hits the settlement account created for the purpose: “Once the funds are deposited into the Designated Account,” he wrote in the order, “the United States has no liability whatsoever for the protection or safeguarding of those funds, regardless of bank failure, fraudulent transfers, or any other fraud or misuse of the funds.”

Meanwhile, the terms of the settlement fund make clear that the money’s disbursement—which, again, Trump’s United States government is trying to wash its hands of any liability for—will be a complete black box. “The Anti-Weaponization Fund shall have the power to determine its own procedures for submitting, receiving, processing, and granting or denying claims,” the settlement reads. “The Anti-Weaponization Fund may make those procedures public in whole or in part, at its discretion.”

Not only can the fund’s members keep secret how they’re making disbursement decisions, they can also keep a lid on who’s getting paid. The requirements for this are astonishingly open-ended: “To be eligible for relief,” the settlement states, a claimant must merely “assert at least one legal claim stating that the claimant was a victim of Lawfare and/or Weaponization.” Meanwhile, the only person the fund’s administrations will be required to brief on who got how much money is the attorney general—in a “confidential written report,” and even then only quarterly.

The cherry on top of this shit settlement sundae is this claim: “Because the claims process is voluntary, there shall be no appeal, arbitration, or judicial review of claims, offers, or other determinations made by the Anti-Weaponization Fund,” which is stated to be “enforceable and challengeable solely by Plaintiffs, Defendants, and the United States”—in other words, by Trump, Trump, and Trump.

The first opportunity to head off this disaster seems already to have passed. Nearly a hundred Democratic lawmakers signed an amicus brief filed in court Monday urging the judge not to dismiss the case as the parties requested, but to insist on weighing in on the terms of the settlement. But Judge Kathleen Williams ruled in a brief order yesterday that she lacked the power to do this—the settlement agreement was never docketed in the case, she said, so she had no authority to adjudicate it.

Once again, then, Trump’s aptitude for unprecedented shamelessness seems to have exposed yet another piece of our government that ultimately runs on the honor system: If a corrupt president wants to dip into the Treasury for literally any purpose whatsoever, all he has to do is sue the government, then settle with himself outside of court to create a payout fund for whatever purpose he might desire.

“It is Congress who appropriates money and it is the executive who spends it,” Matt Platkin, the former attorney general of New Jersey who is representing the Democratic lawmakers in the suit, told The Bulwark yesterday. “Put