The Trump administration’s Department of Justice pushed back against a federal judge’s order requiring formal confirmation that a fund created to compensate victims of alleged wrongful federal prosecutions has been discontinued. The DOJ argues that previous public statements by senior officials make any further declarations unnecessary.
Last month, the Trump DOJ unveiled plans for a $1.776 billion fund intended to provide restitution to individuals who claim they were wrongfully prosecuted by the federal government. This initiative sparked controversy, especially after some individuals linked to Trump allies—including former Proud Boys members with criminal convictions—expressed intent to seek payments from the fund. Critics labeled the fund a “slush fund” because the DOJ retained exclusive discretion over eligibility and absolved the government of liability for crimes committed by payment recipients.
Acting Attorney General Todd Blanche had informed congressional judiciary committees that the administration was no longer pursuing the fund, but he declined to formalize that position in writing. Following this, a judge in the Eastern District of Virginia demanded a legal declaration confirming the fund’s termination from DOJ officials and two Trump cabinet secretaries.
In response, the DOJ filed a brief refusing to comply with this demand, citing separation of powers concerns and the constitutional limits on judicial authority. The filing included Blanche’s congressional testimony as proof that the administration has publicly disavowed the fund’s continuation. The department argued that compelling testimony from high-ranking executive officials would overstep the judiciary’s authority under Article III limitations.
The DOJ’s position highlights ongoing tensions between the executive branch and federal courts regarding oversight and transparency of politically sensitive programs initiated during the Trump administration. The case underscores the complex legal and political questions surrounding restitution mechanisms for claims of government misconduct.