Judge Brinkema Says Anti-Weaponization Case Issues ‘Alive and Kicking’ Despite DOJ Dismissal Push

ALEXANDRIA, Va. — U.S. District Court Judge Leonie Brinkema indicated Friday that the issues at the heart of a case tied to the Trump administration’s $1.776 billion “Anti-Weaponization Fund” remain unresolved, even as Department of Justice lawyers sought to have the matter dismissed.

DOJ attorneys argued that Attorney General Todd Blanche issued a formal rescission order in August and has repeatedly affirmed — including under oath before Congress — that the fund no longer exists. They asked Brinkema to dismiss the case on that basis.

Brinkema, however, appeared skeptical.

“The issues that underly this case are still alive and kicking in my view,” she said.

She pointed to what she described as a broader concern: “The real concern that lurks… is the concept of taxpayer money being used to promote particular political views.” Brinkema referenced pro-life activists convicted of violating the FACE Act and others who attempted an “insurrection” on January 6th “to overthrow the legitimate election.”

Fund Rescinded, but Questions Remain

Brinkema acknowledged that the Anti-Weaponization Fund itself is gone and agreed that Blanche has testified under oath at his confirmation hearings that the fund is dead.

“That entity is gone,” she said. “But is there a functional equivalent?”

She raised the possibility that the DOJ’s ordinary Judgment Fund authority could serve as a substitute. The Judgment Fund is a permanent U.S. Treasury account managed by the Bureau of the Fiscal Service that pays court judgments and DOJ legal settlements against the federal government. Brinkema called it “a less transparent structure” and suggested that some defendants convicted of FACE Act crimes have already received large payouts from it.

Paul Vaughn Case Cited

Brinkema affirmed she was referring to the case of Paul Vaughn.

Vaughn, of Centerville, Tennessee, was convicted in January 2024 for his role in blockading an abortion clinic in Mount Juliet, Tenn., in March 2021. He ultimately received a pardon and a taxpayer-funded payout from the DOJ’s Judgment Fund, which he has confirmed to Fox News is “seven figures.”

Remedies and Oversight

DOJ lawyer Andrew Block asked what remedy the plaintiff wants given that “the fund is dead.”

Brinkema countered that although the case is nowhere near the remedy stage, “I think there are remedies.” She brought up the possibility of requiring a “neutral” person to oversee a fund — “not someone from the DOJ, which I see unfortunately as coerced,” in this matter.

“A proper, unbiased look… There’s been too much talk from members of the administration, which undercut [DOJ’s] position,” Brinkema said. “They contradict themselves all the time.”

Brinkema closed the hearing by telling both sides she intends to craft a new discovery order in the coming days, suggesting the case is far from over.