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Center on Budget and Policy Priorities experts said the move “would harm people who are immigrants and their families, including many US citizen children, who are critical to the nation’s future prosperity.”
Hundreds of thousands of US citizen children could lose access to key benefits as part of a Trump administration proposal to strip tax credit refunds away from immigrant families, including those with legal status.
In August, the US Treasury Department and Internal Revenue Service (IRS) proposed rules redefining four tax credits—the adoption tax credit, child tax credit (CTC), American opportunity tax credit, and earned income tax credit (EITC)—as "federal public benefits" under a decades-old welfare reform law, meaning that certain groups of noncitizens, not considered "qualified aliens," would be ineligible to claim refunds from them.
Among them are undocumented immigrants, but also many people with temporary nonimmigrant visas, as well as holders of Temporary Protected Status (TPS), and recipients of Deferred Action for Childhood Arrivals (DACA).
According to the Treasury and IRS, the average refunded benefit among all taxpayers whose claims contain at least one of the affected credits is $3,656.
Reporting on the proposal last month, CNBC described it as an effort to "use the nation’s financial safety net as a way to implement stricter immigration policy" and noted that low-income recipients, who are less likely to have large income tax bills to refund, would be hit the hardest.
In a policy brief published on Monday, a group of experts at the Center on Budget and Policy Priorities (CBPP)—director of federal tax policy Kris Cox, vice president for immigration policy Shelby Gonzales, deputy director of federal tax policy Samantha Jacoby, and senior research analyst Claire Zippel—examined the likely effects of the policy.
They estimated that the proposal would take away access to the refundable portion of the CTC and/or the EITC for 1 million people in affected families, including US citizens and people with lawful immigration statuses.
While the proposed rule estimates that between 200,000 and 700,000 taxpayers would become ineligible, the researchers said this understated the potential impact because it only included the tax filers themselves, without noting that their family members would also be hurt.
Using immigration status data from the Department of Homeland Security, the researchers said they determined that "the rule would take access to refundable credits away from hundreds of thousands of US citizen children if both parents—or their parent, for single-parent families—have an immigration status that is not a 'qualified' status."
"For 30 years, no administration, Democratic or Republican, has treated refundable tax credits this way," the researchers said. "The proposed rule includes a misguided reinterpretation of a 1996 law that created restrictive immigration-related eligibility standards for 'federal public benefits,' taking away access to basic needs programs from many immigrants with lawful statuses."
"The Trump administration is seeking to apply those same immigration-related restrictions—which require people to have a 'qualified' immigration status—to the refunded portion of certain tax credits," they continued. "This contradicts both the clear reading of the statutory text and congressional intent, which Congress has demonstrated by legislating on immigrant eligibility for tax credits several times since the 1996 law, most recently in 2025."
They noted that the new policy follows other efforts by the administration to restrict access to other programs for families with immigrants, including Head Start, child welfare services, and health services, all of which are being challenged in court.
Many of the people who'd be barred from receiving the credit refunds, the researchers said, are especially vulnerable, including:
"Taking away these tax credits would harm people who are immigrants and their families, including many US citizen children, who are critical to the nation’s future prosperity," the researchers said, pointing to studies linking additional income from tax credits with improved health, education, employment, and earnings."
"People who are immigrants and their families contribute to our communities and nation in immeasurable ways," they concluded. "These restrictions on tax credits create a higher effective tax rate for people who are filing their taxes solely based on their immigration status."
"While working families are expected to pay their fair share, Trump is making it easier for the rich to get away with not paying theirs."
A report published Monday by an independent federal watchdog shows that Internal Revenue Service audit revenue plummeted last fiscal year as the Trump administration gutted the chronically understaffed and underfunded tax agency's workforce, rolling back recent Democratic efforts to bolster enforcement.
The Treasury Inspector General for Tax Administration (TIGTA) found that IRS audit revenue fell by 35% last year compared to fiscal year 2024, when enforcement revenue reached a historic high. The report notes that the audit revenue plunge followed the Trump administration's 27% cut to the agency's examination and collection staff, the effects of which "are likely to become more apparent over time." Among the gutted IRS units was one tasked with auditing billionaires and other super-rich individuals.
Rep. Don Beyer (D-Va.), a member of the House's chief tax-writing committee, wrote in response to the new figures that "Trump gutted the IRS and wealthy tax cheats are reaping the benefits."
"While working families are expected to pay their fair share," Beyer wrote on social media, "Trump is making it easier for the rich to get away with not paying theirs."
The huge decline in audit revenue comes years after congressional Democrats and then-President Joe Biden approved nearly $80 billion in additional funding for the IRS, including more than $45 billion for enforcement.
But Biden and congressional Democrats subsequently cut a deal with Republicans that rescinded much of the funding boost, which the IRS had said could yield roughly $560 billion in federal revenue over a decade—largely from rich tax cheats and large corporations.
"We know who benefits the most when the IRS doesn't have enough staff to dedicate to audits," the Institute on Taxation and Economic Policy said in response to the TIGTA report. "It's the richest Americans."
We know who benefits the most when the IRS doesn't have enough staff to dedicate to audits. It's the richest Americans. pic.twitter.com/bVvK23k1eU
— ITEP (@iteptweets) September 1, 2026
The IRS is currently headed by scandal-plagued former financial services executive Frank Bisignano, whom Treasury Secretary Scott Bessent picked to serve as the agency's first "CEO."
Bisignano has defended the Trump administration's massive IRS staffing cuts, insisting that there is "no staffing shortage here."
But the TIGTA report notes that "staffing reductions starting in January 2025 significantly reduced enforcement staffing," leaving the agency less equipped to audit the often complex returns of ultra-rich Americans and big corporations.
"An obvious fact: If you get rid of auditors, you raise less money from audits," Natasha Sarin, president of Yale University's Budget Lab, said Tuesday.
"Winners are tax cheats, losers are those who are playing by the rules," Sarin added.
"Trump’s sweetheart audit immunity deal is perhaps the most brazenly corrupt action taken by a president in American history," said one top Senate Democrat.
Republicans on the Senate Finance Committee voted Thursday to block a Democratic amendment that would have prohibited the Internal Revenue Service from giving sweeping tax audit immunity to President Donald Trump, his family, and their businesses.
If passed, the amendment would have nullified a central element of the deal that the US Justice Department cut with the IRS in May to settle Trump's $10 billion lawsuit against the tax agency. Experts have argued that such broad audit immunity is unlawful, and Democrats have warned the agreement could leave the IRS with no recourse if Trump decided to dodge taxes on the billions of dollars he has pocketed during his second stint in the White House.
Democrats on the Finance Committee sought to attach their amendment to bipartisan legislation aimed at streamlining tax administration. The amendment failed in a 13-14 vote along party lines, and the bipartisan bill passed out of committee 26-1—with Sen. Elizabeth Warren (D-Mass.) the lone opponent. Warren told Politico that she "cannot support a bill that rubber stamps Donald Trump’s corruption."
"Senate Republicans blocked Democrats' proposal to end Donald Trump's IRS sweetheart deal," Warren wrote on social media following Thursday's vote. "This deal gives him FULL IMMUNITY from audits on tax returns he's filed. It's corruption on steroids."
The vote on the Democratic amendment came as Trump's attorney general nominee, Todd Blanche, remained stalled in the Senate, in large part due to the Justice Department's failure to commit to sufficient limitations on the IRS audit immunity deal, which Blanche signed.
Blanche, who is currently the acting attorney general, testified during a Senate confirmation hearing earlier this month that the IRS audit immunity deal is "not forward-looking," but a key Republican said this week that the Justice Department has not yet provided sufficient written commitments to limit the immunity agreement.
Blanche reportedly met with the two Senate GOP holdouts—John Cornyn of Texas and Thom Tillis of North Carolina—on Thursday in an effort to hash out a deal to advance his nomination. Trump, who has aggressively avoided taxes throughout his career and broke with political tradition by refusing to voluntarily release his federal income tax returns, threatened on Thursday to pull Blanche's nomination until Cornyn and Tillis leave the Senate next year, having lost reelection.
The New York Times summarized the IRS immunity deal, should it survive legal and political scrutiny:
First, the IRS has to drop any inquiries, whether civil audits or criminal investigations, it was pursuing into Mr. Trump, his family members, their companies, or 'affiliated individuals.' Second, the IRS can’t start any new investigations into tax returns that this potentially large pool of people and companies has already filed.
That means that any tax maneuver the Trumps have already used, whether the IRS was already auditing it or not, is now off limits. The agency typically has three years after someone files a tax return to assess more in taxes. So there are potential audits of Mr. Trump and his family that the IRS could have initiated—claims that 'could have been asserted,' in the language of Mr. Blanche’s order—that it is now not supposed to. But the next tax return that Mr. Trump files could, theoretically, still be eligible for an audit.
“Trump’s sweetheart audit immunity deal is perhaps the most brazenly corrupt action taken by a president in American history, and Congress must permanently put a stop to the unchecked greed on display,” Sen. Ron Wyden (D-Ore.), the ranking member of the Senate Finance Committee, said earlier this week. “Elected officials cannot look taxpayers in the eye and ask them to play by a set of rules that the president of the United States is exempt from."
"Blanche had months to deliver on the demands both senators and the people have had of him, and he has failed, proving he only serves President Trump," said one advocacy group.
The Senate Judiciary Committee on Wednesday delayed its planned vote to advance Todd Blanche's nomination as US attorney general as the Justice Department—which he currently leads in an acting capacity—refused to commit to kill elements of a legal deal that he reached to settle President Donald Trump's $10 billion lawsuit against the Internal Revenue Service.
Sen. Chuck Grassley (R-Iowa), chair of the judiciary panel, announced that the scheduled Thursday vote on Blanche's nomination was "postponed as work continues to secure sufficient support in committee." Two key Republicans, John Cornyn of Texas and Thom Tillis of North Carolina, are demanding written commitments from Blanche that the Justice Department will not move forward with a $1.8 billion "slush fund" for Trump's political allies and will limit the reach of IRS audit protections for the Trump family—central elements of the IRS settlement.
Cornyn and Tillis appeared convinced that the so-called "anti-weaponization fund" was dead and would not be revived, but the senators expressed concern that Blanche is committed to upholding provisions of the IRS settlement that would permanently insulate Trump and his family members from tax audits. The New York Times reported that Cornyn, who lost reelection in May to corrupt Trump-backed challenger Ken Paxton, "had received no written assurances from Mr. Blanche that the audit shield would not apply to future tax liabilities or be extended to a wider circle of people."
"Maybe they think they can roll me," Cornyn told CNN, expressing astonishment at the Justice Department's foot-dragging. "We actually sent them a red line strikeout of what we need, and they just need to make a decision, and if they do, then we’ll proceed with the markup."
"We’re trying to make it easy for them," the senator added. "They won’t take the help."
Blanche's nomination has faced widespread opposition—including from the New York City Bar Association—over his handling of the Epstein files, treatment of the late sex offender's victims, and willingness to target the president's political opponents and carry out his assault on voting rights. (Blanche previously worked as Trump's personal attorney and said, "I'm his lawyer," during a confirmation hearing earlier this month.)
Omar Noureldin, senior vice president of policy and litigation at Common Cause, said in a statement late Wednesday that "Blanche had months to deliver on the demands both senators and the people have had of him, and he has failed, proving he only serves President Trump."
"Blanche should show humility and withdraw immediately," said Noureldin.
In a searing rebuke of Trump's self-dealing lawsuit against the IRS, Judge Kathleen Williams wrote that "a court should not be a forum for a party that cynically views a lawsuit as a vehicle to achieve a predetermined outcome."
A progressive US senator on Monday welcomed a federal judge's ruling that found President Donald Trump's $10 billion lawsuit against the Internal Revenue Service was an illegal act of self-dealing, while calling for the Republican to be impeached for a third time.
Trump and his two eldest sons, Donald Trump Jr. and Eric Trump, "acted in bad faith and for an improper purpose by 'collusively filing a lawsuit with claims subject to multiple dispositive defenses solely to provide cover for a collusive settlement,'" US District Judge for the Southern District of Florida Kathleen Williams—who was appointed by former President Barack Obama—wrote in her 56-page ruling.
Sen. Ed Markey (D-Mass.) called Williams' order "a scalding, blistering judicial opinion calling out Trump’s sham litigation, striking down his corrupt IRS immunity, and holding his sycophant lawyers to account."
"That’s a good start," the senator said. "Impeachment is next."
Finding that "sanctions are appropriate here," Williams referred Trump's personal attorney Alejandro Brito to the Florida Bar for "its consideration, review, and determination as to whether any disciplinary action is appropriate in light of the findings and rulings made in this order."
Williams also banned another one of the president's personal lawyers, Daniel Epstein—who is not related to Jeffrey Epstein, the late convicted child sex criminal and former close friend of Trump—from seeking admission to practice law in the Southern District of Florida for one year.
The judge further found that acting US Attorney General Todd Blanche's "apparent capacity to speak for both plaintiffs and defendants, sign a 'settlement' document on behalf of all parties to this action, and then repudiate part of that agreement, demonstrates that there was only one party whose interests were being represented throughout this case."
In January, Trump and his sons sued the Internal Revenue Service and US Treasury Department for $10 billion over the leak of the president's tax returns by a former IRS contractor. Trump’s own Department of Justice (DOJ) then settled the case in May by agreeing to exempt the plaintiffs from future IRS audits and create a roughly $1.776 billion settlement slush fund for people claiming they were unfairly targeted by the government.
Beneficiaries of the so-called "Anti-Weaponization Fund" were expected to include January 6, 2021 Capitol insurrectionists, roughly 1,500 of whom were pardoned by Trump and dozens of whom have since been charged or convicted for serious crimes, including child sex crimes, rape, grand larceny, burglary, home invasion, gun violations, death threats against public officials, and fatal DUI incidents.
Blanche has signaled that the DOJ will no longer pursue the creation of the slush fund.
Williams wrote in her ruling that "certainly, a court should not be a forum for a party that cynically views a lawsuit as a vehicle to achieve a predetermined outcome: 'I’m suing myself."
"President Trump did not pursue his claims until he once again occupied the White House and had appointed his former lawyer, and the former lawyer of persons who are putative beneficiaries of the 'Anti-Weaponization Fund,c' to prominent positions in the DOJ," she continued. "These officials then negotiated on behalf of the United States, with his current lawyers, including his former White House counsel, to reach a 'settlement.' It is risible to suggest that there was ever adverseness between the parties."
“Even the fund amount—$1.776 billion—speaks of a ‘branding’ effort rather than a deliberate and thoughtful calculation of damages,” the judge added.
A spokesperson for Trump's legal team responded to Monday's order in a statement asserting that “the IRS wrongly allowed a rogue, politically motivated employee to leak private and confidential information about President Trump, his family, and the Trump Organization to The New York Times, ProPublica, and other left-wing news outlets, which was then illegally released to millions of people."
"President Trump continues to hold those who wrong America and Americans accountable," the statement added.
Defenders of the rule of law welcomed Monday's ruling, with Robert Weissman and Lisa Gilbert, co-presidents of the consumer advocacy group Public Citizen, taking a swipe at Trump's "brilliant idea of suing the government he runs and resolving the lawsuit with the creation of an illegal and unconstitutional nearly $1.8 billion slush fund, paid for at taxpayer expense and likely to be distributed to January 6 insurrectionists, among others, as well with as an immunity deal protecting Trump and his family from IRS investigation."
"Acting Attorney General Todd Blanche was a willing participant in this fraud on the court and the American people," the pair added. “If the Senate needed an additional reason not to confirm Todd Blanche as attorney general, it just got it.”
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.
Creation of a $1.776 billion fund to compensate individuals who claim to have been victims of the government’s “weaponization” of law represents the culmination of the president’s six-year effort to claim that he won an election that he so clearly lost.
During the past week, the Trump administration announced three separate but connected decisions that are so outrageous they may lead to his comeuppance. Collectively, they reward lawlessness and undermine the very foundations of our democracy.
The first of these was the announcement by the Department of Justice that a $1,776,000,000 fund was being established to compensate “victims” of the previous administration’s “weaponization” of the law by “unfairly investigating and punishing them.” As a quid pro quo, Mr. Trump agreed to drop his questionable $10 billion lawsuit against the Internal Revenue Service for what he charged was their role in failing to stop a contractor from leaking one of his tax returns to the media in 2019. To cap off the president’s trifecta, the DOJ added an amendment to the “victims’ fund” stating: “The United States releases, waives, and forever discharges [Trump, his family, his business] and is hereby forever barred and precluded from prosecuting or pursuing, any and all claims [that] have been or could have been asserted [by the IRS against them or] related or affiliated individuals.”
As problematic as each of the three may be, it’s the ways they are connected that is most troubling. The Trump lawsuit against the IRS was set to be dismissed by the judge who was hearing the case. She had argued that it was improper for the White House to sue a federal agency it controlled, as this put the administration in the position of being both plaintiff and defendant. The decision was to be announced by May 20th, forcing the White House to act to drop their suit before it was dismissed. It was, therefore, no coincidence that the DOJ announced on May 18th and 19th both the “victims’ fund” and the ban on any future IRS action against the president.
But the story doesn’t end there as serious questions must be asked about the entire IRS affair. The contractor who leaked the document has already been arrested and convicted for his crime. There was no connection between his admittedly criminal act and the IRS as an institution. Therefore, the president’s lawsuit against the institution and the $10 billion award in damages he was seeking was both unwarranted and excessive. Like many of Mr. Trump’s previous suits against media outlets, it was meant to intimidate in order to seek some sort of settlement.
The DOJ’s handling of the matter validated the judge’s concern that the head of government couldn’t sue an agency he oversees (not to speak of trying to secure a massive payout from that agency). It simply didn’t pass the smell test. Finally, the DOJ addendum giving the president, his family, and business a free pass from any further tax audits, investigations, or prosecution for any claims against them raises the obvious question: What tax problems are they covering up?
The creation of the $1.776 billion fund to compensate individuals who claim to have been victims of the government’s “weaponization” of law represents the culmination of the president’s six-year effort to go beyond just defending the violent insurrectionists of January 6th, 2021. This is important to Mr. Trump, because by defending them he is defending his claim that he won the 2020 election and, therefore, the violent mobs that stormed the Congress weren’t lawbreakers. They were heroes and persecuted martyrs who deserve compensation.
In this regard, it’s important to examine what Trump has done.
Just over six years ago we witnessed the horrifying scenes of violent mobs storming the US Capitol in an effort to stop Congress from certifying outcome of the 2020 election. They struck out at Capitol police who were doing their jobs protecting the members of Congress and the building itself. Some were injured; a few died. The scenes of what these rioters did were broadcast to a shocked nation.
Because the president egged on the mob, he was impeached by Congress. Ten Republican members of Congress voted to impeach Trump and seven Republican senators voted to convict and remove him from office.
After Mr. Trump’s relentless campaign mobilizing his supporters to demand loyalty, most of the 17 senators and representatives who voted against him are gone. They either resigned because the heat was too great or were defeated by Trump loyalists.
And the polls tell this story. In 2021, most Republicans were outraged by the mob violence. A poll from January of 2021 found that 78% of Trump supporters disapproved of the insurrection. A more recent poll reveals a dramatic shift that has taken place. When asked to describe the events of January 6th, 2021, 60% of Republicans say they were “people participating in legitimate political discourse.” Only 18% said that it was “people participating in a violent insurrection.”
Believing that he had set the stage to allow for his complete rewriting of history, the president, who had already commuted the sentences and/or pardoned more than 2,000 of the insurrectionists, now felt emboldened to have the government reward them for their blind loyalty to him. But in doing so, he may have pushed too far. Republican senators who consider themselves law-and-order, fiscal conservatives recoiled in horror over what a few called “utterly stupid,” “morally wrong,” and an abuse of power. Instead of acting to pass some of Mr. Trump’s legislative priorities, they criticized the president’s actions and took an early recess.
"The fund is stunningly, blindingly illegal, and the defendants must be prohibited from transferring money to this corrupt and illegal monstrosity," said a lawyer representing the officers.
A pair of police officers who defended the US Capitol from President Donald Trump's supporters on January 6, 2021 filed a federal lawsuit on Wednesday challenging the Republican's "$1.776 billion taxpayer-funded slush fund to finance the insurrectionists and
paramilitary groups that commit violence in his name."
The so-called "Anti-Weaponization Fund" is part of an agreement finalized this week to settle Trump's "frivolous" $10 billion lawsuit against the Internal Revenue Service over the leak of his tax records. As part of the deal, the IRS is also "forever barred" from pursuing any other actions against the president and his family—which experts have warned violates federal law and puts agency officers at risk.
The complaint filed in a Washington, DC court on behalf of retired US Capitol Police Officer Harry Dunn and Metropolitan Police Department Officer Daniel Hodges argues that the fund is also "illegal," as well as "the most brazen act of presidential corruption this century."
"No statute authorizes its creation, the settlement on which it is premised is a corrupt sham, and its design violates the Constitution and federal law," the filing states. It also makes the case that the fund "endangers the lives and safety" of the plaintiffs by encouraging "those who enacted violence in the president's name to continue to do so" and directly financing "the violent operations of rioters, paramilitaries, and their supporters who threatened plaintiffs' lives that day, and continue to do so."
"Although Trump and his cronies have been secretive about the fund's ends, reporting leaves no doubt that it will be used, among other purposes, to pay the nearly 1,600 people charged with attacking the Capitol on January 6, 2021," the complaint warns.
Trump—who was convicted of 34 felonies in New York after his first term—notably pardoned the Capitol insurrectionists when he returned to office last year. Some then went on to commit various other crimes, including sexual violence, illegal possession of weapons, and driving while impaired or under the influence.
"This fund creates enormous physical dangers for Officers Dunn and Hodges, who risked their lives on January 6, 2021, and who continue to do so by refusing to let that day be forgotten," said Brendan Ballou, founder of the Public Integrity Project, which is representing the plaintiffs. "The fund is stunningly, blindingly illegal, and the defendants must be prohibited from transferring money to this corrupt and illegal monstrosity."
Ballou was previously a prosecutor at the US Department of Justice, where he worked on cases related to the Capitol attack.
Dunn—who became known nationally for his testimony to the US House of Representatives select committee that investigated the Capitol attack—urged "everybody else to sue" over Trump's slush fund during an interview with MS NOW on Wednesday.
"Everybody should, this can't happen," he said. "So, we believe that we, the officers in this suit, will be harmed by this. We have been subjected to countless death threats in addition to all the violence that we faced on January 6. But for just speaking out the truth, I mean, I guarantee you somebody's watching this right now and typing death threats to us right now. And deaths only continue to embolden and potentially continue to arm a militia that Donald Trump will have on retainer."
Also in DC on Wednesday, House Judiciary Committee Ranking Member Jamie Raskin (D-Md.) and Ways and Means Committee Ranking Member Richard Neal (D-Mass.) demanded that acting Attorney General Todd Blanche, Treasury Secretary Scott Bessent, and IRS CEO Frank Bisignano supply documents and explanations for how they settled the Trump suit.
Raskin also introduced the No Taxpayer-Funded Settlement Slush Funds Act of 2026 to block Trump's fund, and moved to subpoena Blanche, Bessent, and Bisignano, plus Associate Attorney General Stanley Woodward, who signed the settlement, and Treasury Department General Counsel Brian Morrissey, who resigned as the deal was being announced. The Republican-controlled House Judiciary Committee rejected the proposed subpoenas in a party-line vote.
This article has been updated to include Rep. Jamie Raskin's bill and the results of the subpoena vote.