Despite Blanche's promise, anti-weaponization fund isn't gone as DOJ makes surprising move
WASHINGTON, DC: The $1.8 billion Anti-Weaponization fund faced huge controversy and nearly derailed Todd Blanche’s confirmation as attorney general. Blanche later promised that the fund had been rescinded.
But that promise did not end the matter. The Justice Department has now appealed the court decision that blocked the fund, raising fresh questions about whether the controversial plan is really dead.
DOJ appeals court decision blocking $1.8B fund
The Department of Justice on Friday, September 11, filed a brief appeal in the United States Court of Appeals.
LATEST: DOJ appeals judge's sanctions order in Trump v. IRS suit that led to deal to set up Anti-Weaponization Fund & end all existing tax claims against Trump. Acting DAG McCotter files appeal though DOJ never formally appeared in case. Doc: https://t.co/3CyUDN5p1b
— Josh Gerstein (@joshgerstein) September 12, 2026
“Reserving all rights and waiving nothing, Defendants appear solely for the purpose of noticing their appeal to the United States Court of Appeals for the 11th Circuit from this Court’s July 13, 2026, order,” the DOJ wrote in its brief filing in Miami Federal Court.
In a notice to US District Judge Kathleen Williams on Friday evening, Acting Deputy Attorney General R Trent McCotter said the DOJ is now taking her ruling to the 11th Circuit Court of Appeals.
It’s unclear exactly what the DOJ seeks from the appeal.
In July, US District Judge Kathleen Williams found that Trump and his two eldest sons’ $10-billion lawsuit against the Internal Revenue Service (IRS) and Department of the Treasury was “improper” and brought only to legitimize an extraordinary settlement between the DOJ and the Trump family.
Hence the Anti-Weaponization fund worth $1.8 billion was established as a result of a lawsuit settlement between President Trump and the Internal Revenue Service.
The fund sought to provide monetary compensation to those allegedly wrongfully targeted by the Biden administration through the Department of Justice.
What happens to the IRS and Trump settlement
The fresh appeal also brings back a legal question that emerged after the administration moved to scrap the fund: Could ending the fund reopen the broader legal fight between the Trump family and the IRS?
With the Justice Department now appealing the court ruling that blocked the fund, the latest move could revive questions about what happens to that settlement and the underlying dispute with the IRS.
Todd Blanche said the fund was officially rescinded
Todd Blanche claimed on August 2 that he had formally rescinded the fund.
“My team and I have met with committee members and Senators over the past several weeks and addressed any concerns or outstanding questions,” he wrote on X at the time.
“We have enjoyed good faith discussions, and as a result issue the following order and update with regard to the May IRS settlement. The Department always welcomes and appreciates productive engagement with all members of Congress,” Blanche added.
The move prompted Cornyn and Tillis to vote for the confirmation of Trump’s former personal attorney as US attorney general.
