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The president's obviously corrupt effort to gain immunity for himself and his sons through an IRS settlement is unlikely to succeed.
Whoever designed President Donald Trump’s $10 billion lawsuit against the Internal Revenue Service and the Treasury Department must be a fan of the Ocean’s Eleven movie franchise. The multi-act plot lines are strikingly similar: Put together a motley crew of risk takers; pick a seemingly invincible target rich in treasure; infiltrate the target; exploit its weaknesses; and get away with an improbable heist while the guards are asleep, distracted, or otherwise occupied.
Act One of Trump’s story arc began on January 29, when he and his eldest sons and the Trump Organization filed the lawsuit in federal district court in Miami. If only briefly, it seemed like the plan just might work. In 2019, an IRS contractor named Charles Littlejohn leaked multiple years of the Trumps’ confidential tax records, along with those of over 7,000 other wealthy individuals, to The New York Times and ProPublica. The Trumps alleged in their complaint that the IRS and the Treasury Department had willfully failed to safeguard their tax information, and that each viewing of a news article mentioning the data constituted a separate $1,000 violation. The total—accounting for harm from embarrassment and reputational and financial injury—ran into the stratosphere.
There is no doubt that Littlejohn broke the law. In October 2023, he pleaded guilty to the unauthorized disclosures and was later sentenced to five years in prison.
But a few things stood in the way of a courtroom victory for Trump and his family: First and foremost, Trump filed his complaint in his individual capacity, placing himself, as the nation’s chief executive, on both sides of the litigation, with his former personal lawyer and now-acting Attorney General Todd Blanche representing the defense.
Neither Blanche nor Trump has backed away from the addendum to the settlement agreement reached in the Miami case that confers civil and criminal immunity on the president and his sons.
The arrangement came to the attention of various public watchdog groups that quickly filed amicus briefs in the case, decrying the litigation as collusive and riddled with irreconcilable conflicts of interest. Collusive litigation is illegal and, if proven, warrants dismissal and court-ordered sanctions. It could also conceivably lead to a future criminal prosecution for conspiracy to defraud the United States, in addition to other offenses. And, because Trump filed the case in his individual capacity, he would not be protected from future prosecutions by the immunity the Supreme Court accorded him two years ago for actions taken within the scope of his official duties.
Another problem for Trump: The case was assigned to Judge Kathleen Williams, a no-BS jurist appointed by Barack Obama. On April 24, Judge Williams ordered the parties to submit briefs on the collusion issue by May 20. The order specifically mentioned remarks made by Trump in press interviews that indicated he understood the nature of the case and that if the litigation were to be settled, he would be in the unique position of negotiating with himself, an admission that could prove critical in future investigations to establish criminal intent.
The order prompted Blanche, Trump, and the Department of Justice (DOJ) to open the second act of their Ocean’s Eleven ploy. Instead of filing the requested briefs, they submitted a request to voluntarily dismiss the case on May 18. Believing she no longer had jurisdiction over the case, Judge Williams granted the request.
Later that same day, Blanche announced that the lawsuit had been resolved with the DOJ entering into a “settlement agreement” that created a $1.776 billion “anti-weaponization” slush fund to be drawn from the Treasury Department’s general “judgment fund,” created by Congress in 1956 as a permanent appropriation to pay litigation judgments entered against the United States. Under the agreement, Trump’s allies, including the January 6 insurrectionists, would be authorized to file claims for monetary compensation due to the alleged weaponization of President Joe Biden’s Justice Department against them. The claims would be adjudicated by a committee, selected by the attorney general, that would operate in secrecy with no public reporting requirements and whose members could be fired at will by the president.
The following day, Blanche tacked on an “addendum” to the settlement that ordered the IRS and the DOJ to permanently end all current and possible future tax audits and investigations into the Trump family that were or could have been pending at the time of the settlement. The actual language of the addendum is so nebulous, according to some analysts, that it could be read to immunize the Trumps from any future investigations, civil or criminal, initiated by any and all federal agencies, including the Securities and Exchange Commission and the FBI.
The settlement prompted immediate and uncommon bipartisan criticism in Congress and outrage in the media. It also sparked additional litigation with new lawsuits aimed at blocking the anti-weaponization fund filed in Virginia and the District of Columbia. On May 29, District Court Judge Leonie Brinkema, sitting in Alexandria, Virginia, issued a temporary restraining order preventing the transfer of any money from the Treasury Department to the fund, and precluding the DOJ from taking any further action on the fund. The judge set a June 12 hearing date for oral arguments on the TRO.
Meanwhile, on May 27 in Miami, a group of 35 former federal judges filed a motion to reopen the case, urging Judge Williams to investigate whether the parties had perpetrated a fraud on the court. The judge responded swiftly with an order requiring Trump and his sons to submit a reply brief by June 12. This highly unusual step was necessary, she explained, in light of the “grievous allegations [raised by the 35 judges] that Plaintiffs voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that ‘was collusive from the start’ and was only filed to provide the imprimatur of legality for an unlawful settlement.”
We are now in Act 3 of the administration’s Ocean’s Eleven drama, the part where Trump and his minions back down and regroup. In a hearing before a House Appropriations subcommittee on June 2, Blanche said that the administration would not go forward with the anti-weaponization fund. On June 5, in filings in both the DC and Virginia cases, the DOJ put Blanche’s pledge in writing in motions requesting that both cases be dismissed as moot.
To date, however, neither Blanche nor Trump has backed away from the addendum to the settlement agreement reached in the Miami case that confers civil and criminal immunity on the president and his sons. That benefit, if implemented, would accord the Trumps even more protection than a presidential pardon. It may also have been the real goal of the litigation from the outset.
But the scheme is unlikely to succeed. Whether Judge Williams or her colleagues in DC and Virginia strike down the addendum, the granting of immunity remains an act of blatant corruption. There is no reason to believe a future Department of Justice in a Democratic administration will honor the grant. It may take a few years for the curtain to fall on the president’s Ocean’s Eleven heist, but in the end, he may emerge as the caper’s biggest loser.
Rock Solid Journalis
If 150 million people took advantage of a $100 credit, that would make $15 billion available to support independent media.
It is terrible to see Bari Weiss, under orders from Trumper owner David Ellison, dismantle "60 Minutes" and the rest of CBS News. CBS was never close to being a paragon of unbiased reporting; the rich always had a disproportionate voice, but the network, and especially "60 Minutes," did much excellent investigative reporting.
The Weiss-Ellison team is explicitly saying that this will no longer be the case under their leadership. Any investigative reporting this crew does will most likely be on President Donald Trump’s political opponents. And the material they present will likely be as distorted as the lies that Trump spouts on a daily basis.
The problem goes well beyond CBS. The Ellison family is also planning to take over CNN through its acquisition of Warner Bros., the parent company. The Trumper trio of Larry Ellison, Mark Zuckerberg, and Elon Musk own TikTok, Facebook and Instagram, and X, respectively. They do not hide their efforts to use their control of these social media platforms to push their political agenda.
And it goes beyond just outright control. Trump and Brendan Carr, his chair of the Federal Communications Commission, have said that they would use the federal government’s regulatory powers to punish outlets that broadcast material they don’t like. Trump used this threat to extract tribute from both ABC News and CBS News (pre-Weiss) over absurd lawsuits.
The media matter hugely for democracy, much more than campaign financing.
All in all, this is a really bad story. But there are things that can be done other than whine. First, the Ellison’s takeover of Warner is not a done deal. People can protest this monopolization of both movie production and news. Even Trumper politicians can be forced to respond to public pressure. Note the seeming retreat from Trump’s $1.8 billion slush fund for his criminal friends. Giving tax dollars to Trump’s chosen criminals was too much for people to stomach, and the Republicans in Congress were forced to nix it.
There are also a large number of independent outlets that continue to do solid reporting. I would put ProPublica at the top of that list, but there are many others. I would also include The New York Times and NPR, despite my many criticisms of both outlets over the years. And there are dozens of smaller publications, way too many for me to list, that people should look to support. Instead of buying something you see advertised on CBS or any other corrupt media outlet, send the money you would have spent to The Nation, In These Times, Payday Report, or any of a number of other independent outlets.
But we really need to go beyond what people cough up out of goodwill. The billionaires have endless money to push their Trumpian nonsense. The nickels and dimes that ordinary people can afford is not a match. We really need to have government support for independent media, and I’m not talking about going back to the old days with the federal government coughing up $500 million a year (0.007% of the budget) for the Corporation for Public Broadcasting.
We need an individual tax credit or voucher, modeled on the charitable contribution tax deduction. The difference is that this money would be designated for news outlets, and that it would be a credit (say $100), available to everyone, not a deduction from taxes. This way the money would go to the outlets that people find valuable, not the ones the government has chosen. (There is a question of eligibility, but this has generally not been a major problem in qualifying for tax-exempt status with the Internal Revenue Service.)
This route can make a huge amount of money available to support independent reporting. If it was set up nationally and 150 million people took advantage of a $100 credit, that would make $15 billion available to support independent media. That is roughly 300 times ProPublica’s annual budget.
Needless to say, not everyone will use their credit to support media progressives will like. Some may support tabloid-type reporting on Hollywood figures. Some of it will go to support right-wing Fox News- type propaganda. But if even 20% went to support real news, it would be an enormous boon for independent reporting.
And the great thing about this credit is that it can be done at the state and local level, so we don’t have to wait for the forces of good to retake Washington. There have already been some efforts in this direction around the country. In this respect, it’s worth noting that Katie Wilson, Seattle’s new progressive mayor, is a big proponent. If Seattle or some other progressive city or state led the way, it could set an example for others to follow.
To many, this sort of media tax credit will be a new idea. We all know the old line about intellectuals having a hard time with new ideas. But it is really important that people overcome their difficulties. The media matter hugely for democracy, much more than campaign financing. (Sorry, but it’s a bit nuts to think that campaign ads affect voting, but not what people see between the ads.)
I’ve pushed this scheme for a long time, and maybe it’s not the best plan. But if people have better ideas, put them on the table. Whining over the right’s takeover of the media is not a political strategy.
The consequences of a lawyer misleading the court survive the case in which it occurs, and those consequences can be profound.
Between March 2023 and December 2024, Todd Blanche earned millions of dollars as Donald Trump’s personal defense lawyer in the Stormy Daniel hush-money case, the Mar-a-Lago documents case, and the election interference case. As Acting Attorney General of the United States, he’s wading through another Trump mess.
And he’s drowning.
On May 18, Trump’s lawyers and the Department of Justice (DOJ) created an “Anti-Weaponization Fund” to settle President Trump’s frivolous lawsuit against the Internal Revenue Service (IRS). Even Senate Republicans rebelled against the prospect of using $1.776 billion in taxpayer money as Trump’s slush fund to pay January 6 insurrectionists.
To quell the uprising that was threatening Trump’s legislative agenda, Blanche met with Republicans on Capitol Hill. He made things worse as the weeklong Memorial Day break began.
Todd Blanche—who still operates as if he were Trump’s personal attorney—now has stunning legal problems of his own.
Faced with mounting pressure—from the public, congressional Republicans, and two judges who were questioning the fund’s legality—Blanche told a House committee on June 2 that the fund was not moving forward.
Some senators found comfort in Blanche’s assurances. But the same day, Trump was asked by the New York Post in a podcast interview whether he had dropped the Fund.
Trump said, “No, a court ruled against” it.
Asked again about the fund on June 3, Trump answered: “I love it. I think it’s so important.”
But the controversy over the fund’s status is diverting attention from an issue that is much more important to Trump—and a much bigger problem for Blanche: his signature on a document releasing Trump’s potential tax liabilities.
January 29, 2026: Trump filed a lawsuit against the IRS seeking $10 billion. He claimed that a former IRS contractor had illegally obtained access to and disclosed Trump’s tax returns to media outlets.
In the past, the IRS mounted aggressive defenses to similar claims. Following normal procedure, IRS attorneys prepared a 25-page memorandum outlining the flaws in Trump’s lawsuit and recommending a motion to dismiss it. But the Justice Department didn’t even enter an appearance in the case, much less seek dismissal.
Presiding US District Court Judge Kathleen Williams was concerned that there was no “actual adversity” between the parties because Trump was on both sides of the lawsuit: The president (plaintiff) controlled the IRS (defendant). She ordered Trump’s lawyers and the Justice Department to address the obvious conflict of interest by May 20.
May 18: With the court deadline approaching and Blanche’s DOJ struggling internally over a response to Judge Williams’ order, Trump’s lawyers filed a notice of voluntary dismissal. Believing that she had no choice, Judge Williams entered an order dismissing the case. The court observed that “the Notice [of dismissal] does not reference any settlement or include a stipulation of settlement,” and therefore “there is no settlement of record.”
But unbeknownst to Judge Williams, there was a settlement agreement—also dated May 18. In exchange for dismissing his frivolous case, Trump’s Justice Department would create a $1.776 billion “Anti-Weaponization Fund.”
May 19: Another element of the settlement agreement emerged. It gained less attention but was far more important to Trump. Without fanfare, the Justice Department revealed an addendum that contained an extraordinary release in favor of Trump and “related or affiliated individuals or parties…” from any matters “currently pending or that could be pending..." before the IRS or other federal government agencies or departments.
The IRS has been a recurring thorn in Trump’s side. In 2022, two of his organizations were found guilty of tax fraud and falsifying business records. The New York Times estimated that the addendum's release covered audits that could have cost Trump more than $100 million on just one of his properties.
When asked who came up with the terms for the settlement, Blanche denied that he had a role: “The president has outside counsel, and their counsel, the Department of Justice, not me.”
Except Blanche—and only Blanche—signed the addendum sealing the deal.
May 29: Judge Williams reacted to a bipartisan group of 35 former federal judges urging her to reopen Trump’s previously dismissed case. The court concluded that it had been presented with “grievous allegations that Plaintiffs voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that ‘was collusive from the start’ and was only filed to provide the imprimatur of legality for an unlawful settlement.” She cited allegations that the IRS did not “‘even try[] to defend against Plaintiffs’ claims’ despite their active opposition to nearly identical claims in other litigation” and that “Plaintiffs’ claims were ‘clearly untimely’ and therefore untenable.”
Judge Williams ordered Trump’s lawyers and the Justice Department to address allegations that they had: 1) filed a collusive suit; 2) premised the earlier dismissal notice on deception; and 3) made the court a victim of fraud.
Footnote two of the court's order focused on Blanche:
This addendum, as the non-party movants point out, may be in conflict with internal Department of Justice policies that require the Department to only enter into compromises that are "specifically limited to the immediate subject matter of the claim which was in fact compromised." The addendum was signed only by the Acting Attorney General [Todd Blanche]. (Emphasis supplied)
Apart from Blanche’s conflict of interest problem, under DOJ policy dating to 1934, the attorney general doesn’t even have the legal authority to stop civil tax audits. And after the revelations of President Richard Nixon’s abuse of the IRS, it has been “unlawful for the President and any employee of the Executive Office of the President, among other officials, to directly or indirectly request that the IRS terminate any ongoing audit or investigation of any particular taxpayer.” (Emphasis in original)
If Judge Williams concludes that Trump’s lawyers or Justice Department attorneys deceived her in connection with the original dismissal of the case, even voiding the settlement in its entirety won’t end the matter. The consequences of a lawyer misleading the court survive the case in which it occurs, and those consequences can be profound.
The addendum gives Trump a stunning victory. And Todd Blanche—who still operates as if he were Trump’s personal attorney—now has stunning legal problems of his own.
It’s a classic Trump outcome: Trump wins; his loyalist loses.