Two Judges. One Fund. Zero Payouts — For Now.

Judge Leonie Brinkema in Virginia froze the Anti-Weaponization Fund and set a June 12 hearing. Now the legal challenge has doubled.

U.S. District Judge Kathleen Williams in Florida — an Obama appointee — ordered Trump's lawyers to respond to a separate motion filed by 35 former federal judges questioning the fund's entire legal foundation, according to NPR. Two federal judges are now reviewing the fund simultaneously in two different states.

35 Former Judges Call It a 'Fraud on the Court'

The 35 former judges — appointed by both Republican and Democratic presidents — did not mince words. They called the underlying lawsuit a type of "collusion" between Trump's personal legal team and the federal government. Their motion, reviewed by NPR, argues Trump is simultaneously the plaintiff AND the defendant in the IRS tax leak case, since he filed the suit as a private citizen but oversees the IRS as president.

That, they wrote, makes the lawsuit itself a "fraud on the court."

They also called the settlement a mechanism for "looting" American taxpayers. These are former federal judges from both parties.

Judge Williams had previously dismissed Trump's IRS lawsuit after the settlement was reached. Now she's saying the court is "empowered to investigate serious misconduct."

The Rioter Problem Nobody Wanted to Talk About

January 6 rioters who physically assaulted police officers are publicly clamoring for payouts, according to AP News.

They're applying. They believe they qualify.

According to The Guardian, the fund has no restrictions on who can apply. There are no eligibility criteria yet — the five-member commission that will decide payout rules hasn't even been formed, according to PBS News. The Justice Department hasn't accepted a single claim. But applications and public pressure are already flowing.

Republicans pressed Attorney General Todd Blanche about this, according to PBS News. Senate Republicans broke with Trump openly over the fund's eligibility loopholes.

The Structural Problems Are Getting Worse Under Scrutiny

Based on the facts in the source reporting:

• $1.776 billion in taxpayer money, created to resolve a lawsuit Trump filed against his own government
• Controlled by five commissioners — four appointed by the Attorney General, one in consultation with congressional leadership — all fireable by Trump for any reason
• No disclosure requirements: the fund does NOT have to reveal who got paid, how much, or why, according to The Guardian
• Created without congressional appropriation — structured as a legal settlement to bypass the normal spending process

This isn't an appropriation. It's a settlement. A settlement where the U.S. government chose NOT to defend itself. Democracy Forward, the watchdog group that filed the Virginia lawsuit, called this an "unlawful scheme" — and two federal judges appear to agree enough to keep looking.

What the DOJ Is Saying

According to NPR, a DOJ spokesperson did not respond to a request for comment. What DOJ officials did do is post on social media that they "will do everything in our power to make whole those who were persecuted for political purposes."

A social media post is not a legal argument. The actual lawyers have until further notice to respond to Judge Williams' order in Florida.

What Happens Next

June 12 is Brinkema's deadline in Virginia. Williams' timeline in Florida is still developing. No money has moved yet — the commission doesn't exist, no claims have been processed, according to PBS News.

The administration structured a $1.776 billion taxpayer fund with no disclosure, no independent oversight, commissioners who can be fired at will, and no eligibility guardrails — and then apparently expected no one to sue.

Two federal judges and 35 of their former colleagues have disagreed.