ALEXANDRIA — The Department of Justice rejected a federal judge's request in a Friday court filing for a declaration from high-ranking officials confirming that a proposed government compensation fund would not be established. The department stated the requested declarations were "unnecessary" and the judge's order raises "serious separation of powers concerns."

The litigation, taking place in Alexandria, Virginia, focuses on a U.S.$1.8 billion fund established through a settlement of a lawsuit filed by President Donald Trump against the Internal Revenue Service. The proposed fund was intended to compensate individuals claiming victimization by the federal government under previous administrations. The federal government discontinued plans for the fund following political opposition and legal challenges.

Judge Leonie M. Brinkema, who is presiding over the Virginia case, previously indicated an inclination to dismiss the legal dispute as moot. However, Brinkema ordered Acting Attorney General Todd Blanche, Deputy Attorney General Stan Woodward, and Treasury Secretary Scott Bessent to file statements confirming they would take no action to establish or operate the fund. Blanche previously stated, "The fund is not going forward, period."

In a June 12 order, Brinkema stated the case would proceed to subsequent litigation phases if the required statements were not submitted. The department, in its court filing, argued there is no "basis for the court to require Blanche and two cabinet members to testify." The department stated, "Judges cannot encroach upon the department's customary authority to negotiate settlements." The department stated, "In essence, the judge's demand for declarations was an attempt to require the department to personally approve every future settlement independently of this nonexistent fund."