CASE TRACKER · LIVE UPDATED · MAY 29, 2026
StopTheSlushFund.org
⚡ BREAKING — MAY 29, 2026 Federal judge temporarily halts the Anti-Weaponization Fund. U.S. District Judge Leonie M. Brinkema (E.D. Virginia) has enjoined the government from transferring funds, considering claims, or disbursing money while motions to block the fund are pending. READ THE ORDER (PDF)
2

Active Federal Lawsuits

1 Injunction in effect

Active Cases — Challenging the Fund
Case 01 · E.D. Virginia ⚡ Injunction in Effect
Floyd et al. v. DOJ et al.
No. 1:26-cv-1399 (LMB/IDD) · Filed May 22, 2026
Who's suing: Andrew Floyd — a fired Jan. 6 task force prosecutor — alongside other former law enforcement officials and nonprofit organizations, represented by Democracy Forward Foundation.

Core argument: The fund is unconstitutional on multiple grounds: it violates the Appropriations Clause (spending requires a congressional vote), the separation of powers, and the First Amendment (only alleged "Lawfare victims" may claim — viewpoint discrimination). The settlement was never reviewed or approved by any court.
Plaintiff: Andrew Floyd & others Plaintiff: Democracy Forward Defendant: Dept. of Justice Defendant: Todd Blanche, Acting AG Defendant: Dept. of Treasury
Case Timeline
May 18
2026
Background
Anti-Weaponization Fund created by DOJ
Acting AG Todd Blanche signs an order directing $1,776,000,000 from the federal Judgment Fund into the new Anti-Weaponization Fund, created as part of a settlement in Trump v. IRS (S.D. Fla.). No congressional vote; no court approval.
DOJ Press Release
May 22
2026
Filing
Complaint filed in E.D. Virginia
Floyd and co-plaintiffs file a nine-count complaint challenging the fund as unconstitutional under the Appropriations Clause, the separation of powers, the First Amendment, and the Administrative Procedure Act. They also seek a temporary restraining order to block the fund immediately.
Read Complaint (PDF)
May 28
2026
Declaration
Floyd files personal declaration
Andrew Floyd files a sworn declaration describing the fund as a process designed to "rush money out the door to perceived political allies," while treating prosecutors like him as "disfavored enemies."

"The president's targeting of me and others involved in January 6 prosecutions leaves our country in a very dark place, sending a message that insurrection and sedition will be protected (and even encouraged) as long as it is on behalf of this administration."

— Andrew Floyd, Declaration filed May 28, 2026 · Floyd v. DOJ, Dkt. No. 25
Read Declaration (PDF)
May 28
2026
Procedural
Plaintiffs seek expedited briefing; government resists
Plaintiffs file an expedited motion asking for a compressed briefing schedule so the TRO can be heard on June 5. Government counsel declines to commit to maintaining the status quo — declining to assure that funds would not be transferred until at least June 19.
May 29
2026
⚡ Court Order
Judge Brinkema issues injunction; resets hearing to June 12
U.S. District Judge Leonie M. Brinkema denies the expedited briefing request (granting the government more time to respond) but simultaneously enjoins the government from taking any further action on the fund. The order covers: transferring money to the fund, considering any claims, and disbursing any funds.

Defendants be and are ENJOINED from taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund.

— Judge Leonie M. Brinkema, Order entered May 29, 2026 · Floyd v. DOJ, Dkt. No. 31
New schedule set by the court:
• DOJ opposition due: June 5, 2026
• Plaintiffs' reply due: June 10, 2026
• Hearing on TRO/Preliminary Injunction: June 12, 2026 at 10:00 AM
Read Order (PDF)
June 5
2026
Upcoming
DOJ opposition brief due
Government must file its opposition to the TRO/preliminary injunction motion.
June 12
2026
Upcoming
Hearing on motion for preliminary injunction
Judge Brinkema will hold a hearing on whether to convert the injunction into a preliminary injunction lasting through the duration of the case. The fund remains halted until this hearing and any subsequent ruling.
Key Legal Claims
I
Appropriations Clause Violation

No act of Congress authorized this $1.776B expenditure. The Constitution requires all federal spending to be appropriated by Congress (Art. I, §9, cl. 7).

II
Separation of Powers

The executive branch may not unilaterally create a $1.776B disbursement mechanism. The Judgment Fund cannot be used as a general executive piggy bank.

III
First Amendment — Viewpoint Discrimination

The fund only compensates people who allege "Lawfare and Weaponization" — effectively paying one political viewpoint while denying benefits to others.

IV–IX
Administrative Procedure Act (APA) — Multiple Counts

Fund creation was arbitrary and capricious; contrary to law (28 U.S.C. §2414); beyond statutory authority; without required notice-and-comment rulemaking; and ultra vires.

Relief Sought

Plaintiffs ask the court to: declare the fund unlawful; vacate and set aside its creation; permanently enjoin any money transfer to or disbursement from the fund; block appointment of commissioners; and prevent reconstitution of the fund under any other name.

Who's suing: Harry Dunn and Daniel Hodges, Capitol Police officers who defended the Capitol on January 6, 2021 and were physically attacked by rioters during the assault.

Core argument: The Anti-Weaponization Fund would use public money to financially reward the very people who attacked them. The fund violates the separation of powers and the Appropriations Clause. No congressional authorization was obtained; the creation was the result of an unprecedented self-dealing settlement.
Plaintiff: Officer Harry Dunn Plaintiff: Officer Daniel Hodges Defendant: Dept. of Justice Defendant: Dept. of Treasury
Case Timeline
~May 20
2026
Filing
Complaint filed in D.C. District Court
Capitol Police Officers Harry Dunn and Daniel Hodges — who were physically attacked during the Jan. 6 Capitol assault — file suit arguing the fund would financially reward the rioters who attacked them. The complaint calls the fund's creation "the most brazen act of presidential corruption this century."
Read Complaint (PDF)
Pending
Active
Motions and briefing schedule pending
The case is in its early stages. The May 29 injunction in Floyd v. DOJ (E.D. Va.) halts fund activity nationally while motions are pending in that case, effectively pausing the practical threat this suit was filed to address — though this case proceeds independently.
Key Legal Claims
I
Separation of Powers

The executive branch cannot unilaterally create a $1.776B fund to compensate political allies. Spending power is vested in Congress.

II
Appropriations Clause (Art. I, §9, cl. 7)

No money may be drawn from the Treasury except pursuant to appropriations made by law. No such appropriation was passed for this fund.

III
Take Care Clause

The President has a constitutional duty to faithfully execute the laws — not to direct federal funds to reward those who attacked Congress and law enforcement.

"Imagine that — a fund that is set up to compensate people who assaulted Capitol police officers?"
— Sen. Thom Tillis (R-NC) · May 2026
Background Cases — Origin & Context
Why it matters: This is the case that created the Anti-Weaponization Fund. President Trump — simultaneously the plaintiff and the executive who controls the defendant agencies — sued the IRS for $10 billion over Charles Littlejohn's leak of his tax returns. His own Acting AG settled the case and created the fund on May 18, 2026. The case was voluntarily dismissed the same day, before any court ruled on its merits.

Note: This case is not a challenge to the fund — it is the fund's origin. It is included here because the active lawsuits (Floyd and Dunn) are direct responses to this settlement.
Plaintiff: President Donald J. Trump Plaintiff: Donald Trump Jr. & Eric Trump Plaintiff: The Trump Organization LLC Defendant: Internal Revenue Service Defendant: U.S. Dept. of Treasury
Key Facts
Jan. 29
2026
Filing
Trump files $10 billion lawsuit against his own IRS
Plaintiffs sue the IRS and Treasury under 26 U.S.C. §7431 and the Privacy Act, alleging IRS contractor Charles Littlejohn's disclosure of their tax returns caused $10 billion in damages. Trump is both lead plaintiff and the president who controls the defendant agencies. Notably, other taxpayers harmed by the same Littlejohn leak (see Safe Harbor v. IRS) had to pursue relief through ordinary litigation — and faced government arguments that sovereign immunity bars their claims.
Case Docket (CourtListener)
Apr. 24
2026
Court Warning
Judge flags lack of adverseness — Article III concerns
U.S. District Judge Kathleen M. Williams sua sponte orders briefing on whether the case satisfies Article III's case-or-controversy requirement — noting it is "unclear to this Court whether the Parties are sufficiently adverse to each other." Briefs were due May 20, with a hearing set for May 27.
May 18
2026
Settlement & Dismissal
Case dismissed; Anti-Weaponization Fund created
Two days before their Article III briefs were due, the parties file a voluntary dismissal with prejudice and announce a settlement. Acting AG Todd Blanche simultaneously issues an order directing $1,776,000,000 from the federal Judgment Fund into the newly created Anti-Weaponization Fund. No judge reviewed or approved the settlement. Trump personally receives no monetary payment — only a formal apology from the United States.
DOJ Press Release
May 22–29
2026
Aftermath
Two federal lawsuits filed; injunction issued
Floyd et al. v. DOJ (filed May 22) and Dunn & Hodges v. DOJ (filed ~May 20) directly challenge the fund's creation as unconstitutional. On May 29, Judge Brinkema enjoins the government from transferring funds or processing any claims while the challenges are heard.
Key Legal Defects (Identified by Amici and Critics)
1
No adverseness — Article III problem

The President controlled both sides of the lawsuit. The court itself flagged this before the parties sidestepped the inquiry by settling.

2
Statute of limitations — time-barred

The primary §7431 claim carries a two-year limit. The Littlejohn leak became publicly known more than two years before the complaint was filed. DOJ never raised this defense.

3
Wrong defendant — contractor ≠ federal employee

§7431(a)(1) waives sovereign immunity only for disclosures by federal officers or employees — not contractors. DOJ had successfully argued this very point in Safe Harbor v. IRS and Griffin v. IRS while simultaneously refusing to raise it here.

4
Damages untethered from law

The $10 billion demand had no legal basis — §7431 caps damages at $1,000 per unauthorized disclosure or actual/punitive damages. DOJ never contested the amount.

"I'm supposed to work out a settlement with myself."

— President Donald Trump · Said to reporters, ~Jan. 31, 2026
Why it matters here: This class action — filed by taxpayers whose returns were leaked by IRS contractor Charles Littlejohn — is part of the same legal landscape that gave rise to Trump v. IRS. It illustrates how other victims of the same leak pursued relief through the courts, rather than through a presidential self-dealing settlement. The U.S. government moved to dismiss it on technical sovereign immunity grounds.

Note: This case does not directly challenge the Anti-Weaponization Fund. It is included here as primary source context for the underlying Littlejohn leak and the legal claims it generated.
Plaintiff: Safe Harbor International LLC (class) Defendant: IRS / U.S. Treasury
Key Facts
2019–20
Background
Littlejohn leaks tax return data
Charles Littlejohn, a Booz Allen Hamilton contractor at the IRS, unlawfully accesses and discloses taxpayer return information. The disclosures include data from thousands of taxpayers.
Sept. 2023
Criminal
Littlejohn indicted, pleads guilty, sentenced to 5 years
Federal information filed September 29, 2023. Littlejohn later pleads guilty and is sentenced to 5 years in federal prison. IRS notifies affected taxpayers of the breach beginning in April 2024.
2025
Filing
Class action filed on behalf of affected taxpayers
Safe Harbor International files a putative class action under 26 U.S.C. §7431(a)(1) arguing the U.S. government is liable for the Littlejohn disclosures. The government moves to dismiss, arguing Littlejohn was a contractor (not a government employee), so sovereign immunity bars the claim against the U.S. directly.
Case Docket
Jan. 2026
Context
Trump files parallel $10B lawsuit (Trump v. IRS)
Rather than pursuing relief through the court system as other affected taxpayers were doing, Trump — as both a plaintiff and the President who controls the defendant agencies — files suit for $10 billion and settles it through his own Acting AG within months. The contrast with the Safe Harbor class action (which faces dismissal on technical grounds) is central to critics' arguments about self-dealing.

What to watch.

Key upcoming court dates and decision points.

UPCOMING DATES & DECISIONS
01
June 5, 2026 — DOJ Opposition Brief Due
The government must file its opposition to plaintiffs' TRO/preliminary injunction motion in Floyd v. DOJ. This is the first major indicator of what legal arguments the administration will mount in defense of the fund.
02
June 10, 2026 — Plaintiffs' Reply Brief Due
Democracy Forward responds to the government's opposition, sharpening the constitutional arguments ahead of the hearing.
03
June 12, 2026 — Hearing, Floyd v. DOJ (E.D. Va.)
Judge Brinkema hears arguments on whether to issue a preliminary injunction that would hold until the case is fully decided. This is the biggest near-term moment: a preliminary injunction could keep the fund frozen for months or years.
Alexandria, Virginia · 10:00 AM · Judge Leonie M. Brinkema
04
Commissioner Appointments — Status Unknown
The fund requires 5 commissioned members before it can process claims. The current injunction bars any such appointments from having effect. If the injunction is lifted, appointment of commissioners and claims processing would resume immediately.
05
Dunn & Hodges v. DOJ — D.C. Schedule TBD
The Capitol Police officers' case is in early stages. Watch for a hearing schedule and any preliminary injunction motion in D.D.C., which could add a second court's review of the fund's legality.

Courts, not this site, will determine the outcome. All legal claims are presented as active proceedings. Source citations link to primary documents — court filings and official orders — wherever available.

On the record.

Quotes from judges, litigants, and policymakers — on the record.

"It is unclear to this Court whether the Parties are sufficiently adverse to each other so as to satisfy Article III's case or controversy requirement."

— Judge K. Williams, Trump v. IRS (S.D. Fla.) · Before case was dismissed and settlement announced

"No funds are irreversibly disbursed from the 'Anti-Weaponization Fund' while there are motions pending to block the distribution of funds."

— Judge Leonie M. Brinkema, Stated rationale for injunction · Floyd v. DOJ, May 29, 2026

"It is as if somebody sued themselves and agreed upon a settlement with themselves that's going to be funded by the rest of us."

— Sen. Bill Cassidy (R-LA) · May 18, 2026

"Stupid on stilts." "A payout for punks." "The American people are going to reject this out of hand."

— Sen. Thom Tillis (R-NC) · May 2026

"We will do everything in our power to make whole those who were persecuted for political purposes."

— DOJ Social Media Statement · May 2026 (in defense of the fund)

Primary sources.

All factual claims on this page are grounded in these official documents.

Injunction Order — Floyd v. DOJ
E.D. Va. · Dkt. No. 31 · May 29, 2026
Complaint — Floyd v. DOJ
Democracy Forward · May 22, 2026
Complaint — Dunn & Hodges v. DOJ
Capitol Police Officers · ~May 20, 2026
DOJ Press Release — Fund Announcement + Addendum
DOJ · May 18–19, 2026
Trump v. IRS — Original Case Docket
No. 1:26-cv-20609 · S.D. Fla. · CourtListener
NBC News — Judge halts fund (breaking)
Ryan J. Reilly · May 29, 2026
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