35 Retired Judges Seek to Reopen Trump’s IRS Lawsuit, May 29

Thirty-five retired federal judges filed a motion on May 28 asking a Miami court to reopen President Trump’s dismissed $10 billion lawsuit against the IRS. The judges say the Trump administration deceived the court by dropping the case without mentioning a settlement, then announcing a $1.776 billion “Anti-Weaponization Fund” separately. This matters because it raises questions about whether government deals can bypass normal court review.

What the Judges Are Claiming

The 35 former judges, appointed by presidents of both parties, wrote that the court was deceived. Trump and his two eldest sons filed the lawsuit in January seeking $10 billion from the IRS for leaked tax records. On May 18, they dropped the case without telling the judge about any settlement. The same day, the Justice Department announced the $1.776 billion fund. The judges say this pattern shows fraud on the court.

How the Settlement Works

Under the deal, Trump gets an apology but no money from the fund. However, the IRS cannot pursue unpaid tax claims against Trump, his family, or his businesses for any period before the settlement. The fund itself will be controlled by a five-person commission to pay others who claim they were wrongly targeted by the government. The judges argue the settlement was never properly presented to the judge for review.

The Court’s Original Problem

U.S. District Judge Kathleen Williams had already questioned whether the lawsuit made legal sense. Trump was both the plaintiff suing the IRS and the president who oversees the IRS as head of the Executive Branch. Judge Williams was preparing to examine this conflict when the case was abruptly dismissed. The judges say reopening the case would allow the court to investigate whether the parties were truly adverse or working together.

What Happens Next

The judges are using Federal Rule 60 to ask Judge Williams to set aside the dismissal and reopen the case. They want the court to investigate whether fraud occurred. The Justice Department called the judges’ filing frivolous, saying it is routine for plaintiffs to dismiss cases without mentioning settlements. Trump’s legal team said he entered the settlement for the benefit of the American people.

Final Thoughts

The judges’ motion challenges whether the Trump administration can use a settlement to create a $1.776 billion fund without court approval. If the court reopens the case, it could force a full review of the deal’s legality and whether the parties misled the judge.

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