Project Middle Ground
Democracy & Constitutional Order

When the Justice Department creates a $1.8 billion fund to pay people who say the previous administration wrongly targeted them — including January 6 defendants — and the fund is set up by settling the president's own lawsuit, what do religious traditions and the Constitution say?

Bottom line

People genuinely wronged by a politicized prosecution deserve a remedy, and the law already provides several. The problem with the $1.8 billion Anti-Weaponization Fund is not the idea of compensating victims of government abuse — it is the architecture. The Constitution gives the spending power to Congress so that no president can create a treasury program by himself; this fund was assembled by settling the president's own lawsuit and is open to a class, including January 6 defendants, defined largely by shared grievance with him. Religious traditions are equally clear: public money is a trust, judgment must not be partial, and a system that pays those who attacked the Capitol while the officers who defended it sue to be heard has, in the prophets' phrase, called good evil and evil good. After a federal judge halted the fund and another ordered the president's team to answer ex-judges' "collusion" claims, the Justice Department announced on June 2, 2026 that it would not move forward with payments — but the Senate three days later declined to permanently ban the program. The branches the Constitution put in charge of the purse have, for now, decided not to use the strongest tool they have, leaving the underlying structural question very much alive.

Religious perspectives

Religious traditions speak directly to two things at the center of this fund: the public treasury as something held in trust, and the danger of a justice system that pays the wrongdoer while overlooking the wronged.

Judaism: The Torah’s command to judges is blunt: "You shall not pervert justice; you shall not show partiality... You shall not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous" (Deuteronomy 16:19). Leviticus adds, "You shall not be partial to the poor or defer to the great; with justice you shall judge your neighbor" (19:15). A system that channels public money toward a favored group, judged by loose standards, is partiality with a budget.

Christianity: Isaiah pronounces woe on "those who acquit the guilty for a bribe, but deny justice to the innocent" (Isaiah 5:23) and on those "who call evil good and good evil" (5:20). When public funds reward those who attacked the seat of government while the officers who defended it receive nothing, the moral labels have been reversed in exactly the way the prophet condemns.

Islam: The classical concept of bayt al-mal — the public treasury — holds that state funds belong to the community and are a trust the ruler administers, not personal wealth he may direct to allies. A leader who steers the treasury toward those loyal to him, or toward himself, has betrayed the trust at the heart of just rule.

The shared insight: Genuine victims of injustice deserve redress — no tradition disputes that. But every tradition treats public money as a trust and forbids the judge from being partial or self-interested. A fund that the decider may himself benefit from, paid to a class defined by political sympathy, is the precise scenario these warnings describe.

Constitutional & legal framework

The Constitution’s most basic rule about public money is that the president does not control it — Congress does.

The Appropriations Clause (Article I, Section 9): "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." The power of the purse belongs to Congress. It is the founders’ central check on the executive: a president cannot create a spending program on his own.

What happened (2026): The acting Attorney General announced a roughly $1.78 billion Justice Department "Anti-Weaponization Fund" to compensate people who claim they were targeted by the Justice Department under the previous administration. It was announced in connection with the settlement of the president's own civil lawsuit against the IRS over the leak of his tax returns — a suit in which he had sought roughly $10 billion in damages, and which his attorneys had filed to dismiss shortly before the settlement was announced. Officials said "anybody in this country can apply," that a commission would set the rules, and that it would weigh the "totality of the circumstances," including legal and prison costs — criteria broad enough that January 6 defendants are described as eligible to seek payments.

The self-dealing problem: The president is himself a member of the class the fund is meant to compensate — he has long described prior investigations of himself as politically motivated "weaponization" — and the fund traces to the settlement of his own lawsuit. An ethics organization called it "the most brazen act of self-dealing in the history of the presidency." Capitol Police officers who defended the building on January 6 have sued to block payouts to the rioters who assaulted them.

The May 2026 court action: On May 29, 2026, U.S. District Judge Leonie Brinkema temporarily halted all operations of the Anti-Weaponization Fund. Separately, U.S. District Judge Kathleen Williams ordered the president, his adult sons, and the Trump Organization to respond by June 12, 2026, to allegations raised by nearly three dozen former federal judges that the underlying IRS settlement was reached through "collusion" between the president's attorneys and Justice Department lawyers — in effect, that the court was used as a vehicle to extract treasury money without going through Congress. The former judges asked the court to vacate the settlement on fraud grounds.

The June 2026 stand-down — and the appropriations fight: On June 2, 2026, the acting Attorney General announced that the Justice Department would not move forward with the fund. The reversal followed the judicial halt and a wave of bipartisan criticism. Three days later, on June 5, the Senate passed a $70 billion ICE and Border Patrol funding bill, 52-47, after rejecting multiple amendments — offered by Democrats and several Republicans — that would have permanently barred the use of any federal funds for the Anti-Weaponization Fund. The administrative decision not to operate the fund today does not foreclose its reactivation tomorrow; the permanent ban Congress declined to write would have.

The separation-of-powers question: Routing money through a legal settlement rather than a congressional appropriation raises the question of whether this is an end-run around the Appropriations Clause. Legal analysts have noted that Congress — which controls the purse and can prohibit the expenditure — may have the strongest path to stopping the fund, precisely because spending decisions of this magnitude are constitutionally Congress's to make. The court actions in late May suggest the judiciary may not wait.

The honest other side: Wrongful or politically motivated prosecution is a real harm, and people genuinely subjected to it deserve a remedy — the law already recognizes this through civil-rights suits, the Hyde Amendment’s fee recovery for some wrongly prosecuted defendants, and the existing Judgment Fund for litigation the government loses. The dispute is not over whether victims of government abuse should ever be compensated. It is over a fund created outside the appropriations process, judged by elastic standards, that may pay the president’s own political allies — and potentially himself.

See: Appropriations Clause (Art. I, §9) →

Sources cited:BibleConstitution