The BareStory
U.S. District Judge Kathleen Williams on Monday issued a decision penalizing attorneys representing President Donald Trump and restricting the use of a settlement agreement reached in a $10 billion lawsuit against the IRS. The original lawsuit, filed by Trump over the unauthorized disclosure of his tax information, had resulted in a settlement with the Department of Justice (DOJ). Judge Williams concluded that the lawsuit was brought for an "improper purpose" to secure judicial legitimacy for a settlement that lacked a viable basis in law or fact, and she accused Trump and his lawyers of acting in bad faith.
As a result of the ruling, Judge Williams referred Trump's attorney, Alejandro Brito, to the Florida Bar for potential disciplinary action and restricted the ability of another attorney, Daniel Epstein, to practice in the Southern District of Florida. The judge also directed the court clerk to mail her order to the state bars of New York and Washington, D.C., where Acting Attorney General Todd Blanche and Associate Attorney General Stanley Woodward are members. Additionally, the order prohibits Trump, the DOJ, the IRS, and the federal government from using the settlement agreement as evidence of a settlement in any official, judicial, administrative, regulatory, or arbitration proceedings.
The settlement had previously established a now-defunct $1.776 billion "Anti-Weaponization Fund" and included provisions protecting Trump, his family, and his business entities from audits on tax returns filed before the agreement. While the DOJ previously abandoned the fund following congressional blowback, the ruling throws the audit protections into uncertainty. The judge's order followed a brief filed by 35 former federal judges who argued the settlement was the product of collusion.
In response to the ruling, a spokesperson for Trump’s legal team defended the president's actions, stating that the IRS had wrongly allowed a politically motivated employee to leak private tax information, and asserted that Trump continues to hold those who wrong America accountable. Attorneys representing the former judges praised the decision as a victory for the rule of law. The White House declined to comment, and the DOJ did not immediately respond to requests for comment.
How it may affect me
As a U.S. reader:
• You may see increased legal uncertainty regarding whether former President Trump, his family, and his business entities will face future IRS audits on tax returns filed before the invalidated settlement.
• You will see that the federal government is prohibited from using the now-defunct $1.776 billion Anti-Weaponization Fund settlement agreement as evidence in any official, judicial, administrative, regulatory, or arbitration proceedings.
• You may observe a chilling effect on the legal profession as prominent conservative lawyers face potential state bar disciplinary actions and restricted practice privileges for negotiating settlements deemed to be in bad faith.
• You will see a precedent set where the judicial branch can intervene to invalidate executive settlement agreements between the Department of Justice and private plaintiffs if the court determines the lawsuit was brought for an improper purpose.