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The Trump administration on Friday appealed a ruling from a federal judge in Florida who found the president effectively colluded with his own government in bringing a $10 billion suit against the Internal Revenue Service.
That suit, which the Justice Department pointed to as the basis for creating its $1.776 billion anti-weaponization fund, was highly criticized by Florida-based U.S. District Judge Kathleen Williams, who said the case was “brought to manipulate the judicial process.”
The Justice Department never needed the litigation to create the anti-weaponization fund and Williams’s ruling did not block it, though she did order the parties to not refer to the fund as a settlement in the case.
But it nonetheless shows the Trump administration’s appetite for continued battle over both the anti-weaponization fund and could indicate an effort to revive the president’s suit against the IRS.
It comes as Trump has faced roadblocks in the Senate to confirming his pick to lead DOJ, Acting Attorney General Todd Blanche, as two GOP senators have asked the top attorney to put in writing his pledge to end the anti-weaponization fund.
The filing from Trump’s legal team contains no legal arguments and instead is a notice of appeal to the 11th Circuit that it will be challenging Williams’s ruling.
It was highly critical of the Trump team for bringing the suit, saying there was no true conflict in the case, as required for bringing a matter before the courts.
“In sum, the facts before this Court demonstrate there was never adverseness between the Parties; there was never a case or controversy; and there was never a question as to who would prevail,” Williams wrote in the 56-page filing.
She faulted Trump for waiting until he was in office to bring the case, noting he had the ability to fire everyone else involved in the litigation.
“The Court determines that Plaintiffs improperly employed this lawsuit to justify a particular award in this matter—access to taxpayer funds and exemption from audits and other investigations—which was accomplished by leveraging control over Defendants,” she wrote later, adding that the suit was “brought to manipulate the judicial process,” she wrote.
Some aspects of Williams’s rulings may be little affected by the appeal. She recommended sanctions for several attorneys involved in the case, including for New York authorities to be notified of her ruling as the bar there investigated his conduct.
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Updated at 4:44 p.m. EDT
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