How Trump's IRS settlement could block tax audits of him, his family and their businesses
Some lawmakers and legal experts say the department has violated federal law with its addendum to the settlement.
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Some lawmakers and legal experts say the department has violated federal law with its addendum to the settlement.
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WASHINGTON — The U.S. government will permanently drop tax claims against President Trump, according to a settlement document that is part of a deal to resolve Trump’s $10 billion lawsuit against the Internal Revenue Service over the leak of his tax returns.
As part of the settlement agreement, the U.S. is “forever barred and precluded” from examining or prosecuting Trump, his sons and the Trump organization’s current tax issues, according to a one-page document posted to the Justice Department’s website on Tuesday.
The settlement, which marks an extraordinary use of executive power, goes beyond resolving litigation and effectively helps shield the president from further examination of his finances and legal conduct.
The move comes after the Trump administration announced Monday the creation of a nearly $1.8 billion fund to compensate allies of the Republican president who believe they have been unjustly investigated and prosecuted, an arrangement that Democrats and government watchdogs derided as “corrupt” and unconstitutional.
The “Anti-Weaponization Fund” of $1.776 billion will allow people who believe they were targeted for prosecution for political purposes, including by the Biden administration Justice Department, to apply for payouts, creating what acting Atty. Gen. Todd Blanche called “a lawful process for victims of lawfare and weaponization to be heard and seek redress.”
Blanche, who was grilled by lawmakers on Capitol Hill on Tuesday, would not rule out the possibility that people who carried out violence during the Jan. 6, 2021, riot at the U.S. Capitol will be considered for payouts from the new fund.
Democratic lawmakers and ethics watchdogs slammed the creation of the fund, saying it was corrupt, opaque and had the potential to become a “slush fund” for the president and his allies.
Sen. Ron Wyden, D-Ore., said Democrats intend to “fight every element of this self-dealing settlement.”
“Not only is this another heinously corrupt act by the most corrupt administration in history, it’s clearly a violation of the law that prohibits interference by executive branch officials in IRS audits.”
The fund was announced after Trump, his sons Eric Trump and Donald Trump Jr., and the Trump Organization agreed to drop their lawsuit against the IRS and the Treasury Department. The lawsuit alleged that a leak of confidential tax records caused them reputational and financial harm and negatively affected their public standing, among other allegations.
According to a separate settlement agreement posted to the Justice Department website Monday, Trump will receive a formal apology from the U.S. government but “will not receive any monetary payment or damages of any kind,” from the settlement.
Trump told reporters at the White House on Monday that the fund is dedicated to “reimbursing people who were horribly treated.”
Hussein writes for the Associated Press.
United States President Donald Trump has withdrawn his $10bn lawsuit against the Internal Revenue Service (IRS) stemming from a leak of his tax returns and said his administration will create a $1.77bn anti-weaponisation fund that would compensate some of Trump’s political allies.
The court filing, released on Monday in Florida, did not disclose the terms of the deal, including whether either party settled.
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However, the Department of Justice (DOJ) on Monday announced the establishment of a $1.77bn fund called the Anti-Weaponisation Fund that would “provide a systematic process to hear and redress claims of others who suffered weaponisation and lawfare”.
The DOJ said in its press release that it was part of the settlement agreement.
ABC News first reported last week that the president was prepared to drop the lawsuit as part of a deal that would create the fund to pay Trump allies who were perceived as wrongly investigated and prosecuted.
Trump, his adult sons Donald Trump Jr and Eric Trump, and the Trump Organization sued the IRS in January, arguing the agency should have done more to prevent a former contractor from disclosing their tax returns to media outlets during the president’s first term.
The case arose from former IRS contractor Charles Littlejohn’s leak of Trump’s tax returns to media outlets, including the New York Times and ProPublica, in 2019 and 2020.
Those returns showed that Trump paid little or no income taxes in many years, the Times reported in 2020.
Prosecutors charged Littlejohn in 2023 with leaking tax records of Trump and thousands of other wealthy Americans to the media, saying he was motivated by a political agenda. Littlejohn later pleaded guilty to improper disclosures, and a judge sentenced him to five years in prison.
Trump filed the lawsuit personally, not in his official capacity as president.
While the court filing did not mention the terms of any potential deal, news that the president would create a fund to protect his political allies sparked backlash.
Representative Jamie Raskin, a Democrat from Maryland, called the idea “unconstitutional”.
“This, of course, is a political grievance fund that Donald Trump can use to pay off his friends,” Raskin, the top Democrat on the House Judiciary Committee, said in an interview on Sunday with the ABC News programme This Week.
“If these people have a valid cause of action, they should bring it to the court like every other American does, and use the system of due process, and prove things by clear and convincing evidence, or a preponderance of evidence. Go and prove it. But the idea that Donald Trump can just pass it out like a pardon is absurd,” he said.
California Governor Gavin Newsom also criticised the president amid reports of the deal.
“Donald Trump wants to settle his joke lawsuit against his own IRS department to hand out $1.7 BILLION of OUR TAX DOLLARS to Jan. 6th insurrectionists and his cronies,” Newsom said in a post on X.
“It is an outrage that the American taxpayers are having to pay for this and that we have a president who is exercising such open corruption in front of everyone and expecting us to go along with it,” Representative Pramila Jayapal, a Democrat from Washington state, told the progressive MeidasTouch network.
Despite the criticisms, it is not clear who would specifically benefit from the funds.
Trump has long claimed that the DOJ under his predecessor, President Joe Biden, a Democrat, was weaponised against him, pointing to the criminal charges where he faced allegations that he conspired to overturn the results of the 2020 presidential election, which Trump lost by more than seven million votes, and that he retained classified documents at his Mar-a-Lago estate.
Merrick Garland, the attorney general during the Biden administration, denied allegations of politicisation. The Justice Department also investigated prominent Democrats, including Biden’s son Hunter Biden and former US Senator Bob Menendez, a Democrat from New Jersey.
“The machinery of government should never be weaponised against any American, and it is this Department’s intention to make right the wrongs that were previously done while ensuring this never happens again,” said Acting Attorney General Todd Blanche said in a release.
However, the Trump administration has actively pursued cases against perceived political enemies, including former FBI director James Comey and former Federal Reserve Chairman Jerome Powell, Fed Governor Lisa Cook, New York Attorney General Letitia James, Arizona Senator Mark Kelly, and California Senator Adam Schiff.
The DOJ said that there is legal precedent for the fund, pointing to a programme called “Keepseagle” under the administration of former US President Barack Obama, a Democrat. That created a fund to address allegations of racism against the federal government.
The White House referred Al Jazeera to the DOJ for a request for comment. The DOJ did not respond.
The government watchdog group Citizens for Responsibility and Ethics (CREW) announced on X that it would be investigating how the funds would be used.
“While Americans are struggling with an affordability crisis, President Trump plans to use nearly $1.8bn in taxpayer money to pay off his friends and allies—including potentially the violent insurrectionists who attacked the Capitol on January 6th,” CREW’s president, Donald K Sherman, said in a statement provided to Al Jazeera.
“By settling his absurd $10bn lawsuit against his own administration, Trump and the Justice Department just engaged in the most brazen act of self-dealing in the history of the presidency, and did so quickly in order to avoid the scrutiny of the judicial process, while quite likely violating the Constitution’s Domestic Emoluments Clause in the process. This is one of the single most corrupt acts in American history.”
Lawyers for the president asked a federal judge in April to pause the case for 90 days while the two sides worked to reach a settlement or resolution.
“This limited pause will neither prejudice the parties nor delay ultimate resolution,” the filing in April said. “Rather, the extension will promote judicial economy and allow the Parties to explore avenues that could narrow or resolve the issues efficiently.”
When asked in February how he would handle any potential damages from the case, Trump said, “I think what we’ll do is do something for charity.”
“We could make it a substantial amount,” he said at the time. “Nobody would care because it’s going to go to numerous very good charities.”
The litigation against the IRS raised novel legal questions, including conflicts of interest, about whether a president can sue his own government. It is not clear if the judge will accept Trump’s withdrawal of the case.
Under the US Constitution, federal courts may only hear genuine disputes between litigants with opposing stakes in the outcome.
US District Court Judge Kathleen Williams in Miami, who oversees Trump’s lawsuit, wrote last month that it was unclear whether the parties to the lawsuit were “truly antagonistic to each other”.
Williams had set a court hearing for May 27 to hear arguments on whether she should dismiss the case on those grounds.
Court filings have indicated that lawyers for President Donald Trump are seeking a resolution with the Department of Justice over a $10bn lawsuit he filed against the Internal Revenue Service (IRS).
But the trouble, critics say, is that such a settlement would leave Trump essentially negotiating with an executive branch under his control.
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Friday’s court filing, however, emphasises the efficiency of seeking a settlement.
In the document, Trump’s lawyers call for the case to be paused for 90 days to allow a resolution to be hammered out.
“This limited pause will neither prejudice the parties nor delay ultimate resolution,” the filing says. “Rather, the extension will promote judicial economy and allow the Parties to explore avenues that could narrow or resolve the issues efficiently.”
The case stems from an incident that began in 2017, when a worker named Charles “Chaz” Littlejohn was re-hired as a contractor through the government consulting firm Booz Allen.
While working on IRS files, Littlejohn stole copies of Trump’s tax returns, which had been the source of prolonged public scrutiny.
Until Trump, every president since Richard Nixon had released their tax returns as a gesture of transparency. Trump, however, claimed he could not, citing ongoing audits.
The tax returns Littlejohn stole were ultimately released to the media, and in 2020, The New York Times released a series of articles that showed Trump paid no income taxes in 10 of the 15 preceding years.
Other years, he paid relatively small sums, like $750, because he reported more losses than gains. ProPublica also ran stories based on the leaked tax returns, highlighting inconsistencies and Trump’s low tax payments.
Privacy law protects taxpayer information from being released by the IRS without explicit permission. Littlejohn was sentenced to five years in prison in 2024.
But in late January of this year, Trump filed a lawsuit arguing that he, his businesses and his sons Eric and Donald Jr had suffered “significant and irreparable harm” from the leaks.
The defendants in the lawsuit were the IRS and its overseeing body, the Treasury Department, both of which are part of the executive branch.
“Defendants have caused Plaintiffs reputational and financial harm, public embarrassment, unfairly tarnished their business reputations, portrayed them in a false light, and negatively affected President Trump and the other Plaintiffs’ public standing,” the lawsuit reads.
But experts have warned that the lawsuit contains flaws that would normally prompt the Justice Department, also under Trump’s control, to seek dismissal.
The lawsuit, for instance, arrives at its whopping $10bn sum by supposedly tallying up media references to Trump’s leaked tax returns.
However, experts say the formula for damages is calculated by the number of unauthorised disclosures by a government employee, not by media re-printings.
Then there is the question of Littlejohn’s employment status. He was an outside contractor, not a government employee.
Trump also has to contend with the two-year statute of limitations in the case. The lawsuit contends that “President Trump did not discover the numerous violations” of his tax returns until January 29, 2024.
But critics point out he had posted on social media about his tax information being “illegally obtained” as far back as 2020, when The New York Times published its series.
Opponents say the lawsuit should be dismissed or at least delayed until Trump is no longer president. Otherwise, they argue it represents a conflict of interest, with Trump fundamentally negotiating with his own administration for a payout.
Trump himself has acknowledged that such a payment would “never look good”. But he has justified the sum by saying it would be donated to charity.
“Nobody would care because it’s going to go to numerous very good charities,” he said in February.
Even that, legal experts argue, could run afoul of the Emoluments Clause in the US Constitution, which prohibits the president from profiting off his position, apart from his salary.
Government watchdogs have attempted to stop a settlement from unfolding. On February 5, for instance, the group Democracy Forward filed an amicus brief arguing the court should act to prevent an abuse of power.
“This case is extraordinary because the President controls both sides of the litigation, which raises the prospect of collusive litigation tactics,” the brief explains.
“To treat this case like business as usual would threaten the integrity of the justice system and the important taxpayer and privacy protections at the heart of this case.”
But the $10bn IRS lawsuit is not the only case Trump is seeking to settle with his own government. In 2023 and 2024, Trump filed administrative complaints seeking compensation for federal investigations he considered to be unfair.
One complaint concerns an FBI investigation into alleged Russian interference in the 2016 election, and the other is about the FBI’s raid of Trump’s Mar-a-Lago estate after he refused a subpoena to return classified documents.
For those complaints, Trump is reportedly seeking additional damages to the tune of $230m.
WASHINGTON — Lawyers for President Trump are engaged in talks with the IRS to resolve a $10-billion lawsuit the president filed against his own tax collection agency over the leak of his tax information to news outlets between 2018 and 2020.
In a federal court filing Friday, Trump asks a judge to pause the case for 90 days while the two sides work to reach a settlement or resolution.
“This limited pause will neither prejudice the parties nor delay ultimate resolution,” the filing says. “Rather, the extension will promote judicial economy and allow the Parties to explore avenues that could narrow or resolve the issues efficiently.”
Tax and ethics experts say the lawsuit raises a plethora of legal and ethical questions, including the propriety of the leader of the executive branch pursuing scorched-earth litigation against the very government he oversees.
Earlier this year, Trump filed a lawsuit in a Florida federal court, alleging that a previous leak of his and the Trump Organization’s confidential tax records caused “reputational and financial harm, public embarrassment, unfairly tarnished their business reputations, portrayed them in a false light, and negatively affected President Trump, and the other Plaintiffs’ public standing.”
The president’s sons, Donald Trump Jr. and Eric Trump, are also plaintiffs in the suit.
In 2024, former IRS contractor Charles Edward Littlejohn, of Washington — who worked for Booz Allen Hamilton, a defense and national security tech firm — was sentenced to five years in prison after pleading guilty to leaking tax information about President Trump and others to two news outlets between 2018 and 2020.
The outlets were not named in the charging documents, but the description and time frame align with stories about Trump’s tax returns in the New York Times and reporting about wealthy Americans’ taxes in the nonprofit investigative journalism organization ProPublica. The 2020 New York Times report found Trump paid $750 in federal income tax the year he first entered the White House, and no income tax at all some years, thanks to reported colossal losses.
When asked in February how he would handle any potential damages from the case, Trump said, “I think what we’ll do is do something for charity.”
“We could make it a substantial amount,” he said at the time. “Nobody would care because it’s going to go to numerous very good charities.”
Several ethics watchdog groups have filed friend-of-the-court briefs challenging the president’s lawsuit.
The watchdog group Democracy Forward’s February filing states that the case is “extraordinary because the President controls both sides of the litigation, which raises the prospect of collusive litigation tactics,” and “the conflicts of interest make it uncertain whether the Department of Justice will zealously defend the public fisc in the same way that it has against other plaintiffs claiming damages for related events.”
Hussein writes for the Associated Press.