Legal scholars, lawmakers, and advocacy groups are actively challenging the DOJ's newly created $1.8 billion "Anti-Weaponization Fund". Critics argue the fund is unconstitutional and illegal for several key reasons: [
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- 14th Amendment Violations: The lawsuit filed by Capitol police officers highlights Section 4 of the 14th Amendment, which strictly prohibits the federal government from paying claims or obligations incurred in aid of an insurrection or rebellion. Critics fear this fund could compensate January 6th rioters.
- Emoluments Clause Issues: Government watchdog groups, including Citizens for Responsibility and Ethics in Washington, argue the settlement that established the fund amounts to presidential self-dealing and violates the Constitution's Domestic Emoluments Clause.
- Appropriations Clause Violations: Legal experts and members of Congress point out that the Constitution’s Appropriations Clause gives Congress—not the executive branch—the sole power of the purse. Because the fund bypasses congressional approval, legislators have called it an illegal "slush fund".
- Separation of Powers: Critics point to a conflict of interest in the settlement, as the President essentially negotiated and settled his own $10 billion lawsuit against the IRS and DOJ with officials he appointed, leading to the creation of the fund. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]
A pair of U.S. Capitol Police officers filed an official lawsuit in the U.S. District Court in Washington, D.C., to block the DOJ payouts. You can track the progress of this challenge via the
CNBC Jan. 6 police officers lawsuit coverage. [
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Additionally, on the legislative front, bipartisan lawmakers have introduced bills to prevent the DOJ from distributing this money without formal congressional oversight. You can monitor these legislative efforts through the
CBS News Bipartisan House bill report. [
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