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Person 2 (Casual conversation participant and legal commentator)
Got some breaking news. Senior status. Federal Judge Brinkama in the Eastern District of Virginia has blocked the anti weaponization fund, that phony slush fund created by Donald Trump from the embers of a phony lawsuit. Judge Brinkama has blocked the creation of the fund, the funding of the fund, the distribution of funds from the fund, the by Donald Trump, his Department of justice or anyone else until she can get full briefing on the motion for preliminary injunction and temporary restraining order filed by our friends at Democracy Forward on behalf of a series of plaintiffs. The order just came out in the last few moments. Let me read to you from the. From the order. Then I'll tell you how we got here. Uh, the order is a order on the plaintiffs motion for expedited briefing schedule. They filed a motion for temporary restraining order. They wanted the judge in addition to set a very fast briefing schedule, the judge wants to slow down the briefing schedule until the middle of June, but doesn't want funds distributed at all. So she has used her power to Block it and re and retain the status quo. Here's what Judge Brinkoma says, however. To ensure that no funds are irreversibly dispersed from the anti Weaponization fund while plaintiff's motion is pending, it is hereby ordered that defendants, and that's the Department of Justice and Donald Trump and the IRS be and are enjoined from taking any further action pursuant to the creation or operation of the anti Weaponization fund, which includes the transferring of money to the fund, the consideration of any claims submitted to the fund and the dispersing of any funds from the fund. She says in footnote one. It is important that the status quo be maintained until plaintiffs pending motion has been resolved, especially as plaintiffs allege in their expedited motion that defense counsel, that's the Department of Justice side, was unable to provide assurances of how long the status quo would last and decline plaintiff's request that the government commit to not transferring money to the fundamental or processing or paying claims until at least June 19 to allow for a less compressed briefing in this case. So Democracy Forward reached out to the lawyers for the Trump administration and they would not commit to hold, to put a pin in it, to hold the ring until full briefing. Hence the judge saying, I'm going to do it for you. I'm going to block it. Pardon me. And then she sets the following briefing schedule. She wants the government to file their opposition by next Friday, June 5th. She wants the plaintiffs to file their reply by Wednesday, June 10th. And then she wants a hearing. She set a hearing for the motion to be on Friday, June 12th. So two Fridays from now, we're going to have the hearing on the motion for temporary restraining order. Could the Trump administration try to take an appeal of at this juncture? They could. I just don't see John Roberts granting an appeal and cutting the legs out as of yet from under Judge Brinkama as she set a reasonable briefing schedule. Let's go back and how we got here. Trump has a lawsuit that he files in Miami as covered to set up a fund to pay Jan Sixers and others who he claims were abused by the Biden administration. Okay. That lawsuit was questioned by Judge Williams in the Miami federal court. She questioned whether there was a legitimate lawsuit pending at all. It was about to dismiss it, frankly, when Trump settled the case, then used the lawsuit as a ruse for the Department of Justice to dip into the judgment fund funded by Congress to pay victims from the fund. But in order to have a judgment fund claim, there has to be a legitimate suit that set up that aspect of the fund. No legitimate suit, no good faith filing, then the Attorney General is not empowered to settle anything. And that's where that particular issue is still being litigated in Miami. In the interim, several lawsuits have been filed. This was the second against the fund itself and its formation, claiming that it violates the First Amendment, the rights of people because it's content based discrimination, the fifth Amendment, equal protection, the separation of powers, the Administrative Procedures act, the 14th amendment against paying the debts of insurrectionists, you name it. That's what's in the the original complaint My cat Chanel. She runs the house. I just pay the mortgage and scoop litter. So when I found something that fixes that worst part of having a cat, I paid attention. This podcast is sponsored by Boxy. Boxy is the last cat litter you'll switch to and their Boxy Pro Deep Clean. It's the best cat litter money can buy. The Pro is and Boxy Pro stands for probiotics, which Boxy puts right in the litter that gobble up odor causing bacteria and keeps the box continuously odor free. Yes, continuously. Not for 10 days or 20 days. Infinite days of continual odor freeness. And your cat won't smell anything either, as in no fake sense. Which gives him or her one less reason to avoid the box. I've used BoxyPro deep clean recently and I can actually vouch that this works. Our place smells better, scooping is easier and Chanel took to it right away. Plus with Boxy you do not need to do full litter changes. You just scoop, top it off with fresh boxy litter and that's it. If you're tired of switching litters looking for the one get 30% off your boxy order@boxycat.com backslash legalaf and use code legalaf that's B O X I E C A T.com legalaf and make sure you use my code legalaf so they know I sent you. Then after the Lawyers for Democracy Forward after filing the complaint, reached out to the government and said listen, if you give us the time to brief it with Judge Brinkama and you agree not to distribute from the fund because I think there's still gas in the tank, there's still money in the fund, we won't ask the judge for an immediate injunction and they said no, we're not going to make that commitment. Hence Judge Brinkama. Based on two motions that were filed. One A motion for temporary restraining order or for a preliminary injunction with expedited briefing or for the expedited briefing issue, the judge says here's what I'm going to do. I'm going to put a pin in this. I'm going to hold the ring through the next two Fridays until we have a hearing. Now, there's been reporting, as we all know, that the Senate left and has not returned yet to take up the issue of whether they're gonna fund the judgment fund. But the judgment fund already has money in it. And that's the fear of the Democracy Forward plaintiffs, is that they are going to start distributing money, set up this fund, do a quick, you know, new agency that they don't have the power to establish and do all of that so quickly that it will harm the plaintiffs. The biggest issue here has to do with standing. Who has standing to object to this weaponization fund. And that's going to be something for Judge Brinkama to decide whether the four different types of plaintiffs that are part of this case, Andrew Floyd, a former assistant U.S. attorney, a protester who was unlawfully prosecuted, an anti abortion group, a city, the city of New Haven, Connecticut and Common Cause, a leading vote protection entity, whether all or any of them have standing, a particular type of injury to bring this case really on behalf of the American people. I'm going to be interviewing the head of Democracy Forward over on the Legal AF YouTube channel and that video will be going up sometime on Friday. But this is important. This is the first order blocking the anti weaponization fund, even if it's just for the next two weeks. I'm sure the Department of Justice will be issuing some nasty comments along with Donald Trump about Judge Brinkama, a Clinton appointee appointee, senior status. And she's been up against the Trump administration before. She's, she's tough. She's tough as nails. She's exactly the kind of judge I'm sure Democracy Forward wanted when they filed on the rocket docket of the Eastern District of Virginia. There's another case that's pending in D.C. brought by two Jan.6 Capitol Police and Metro Police. There's another suit that was just filed by our friends at, at Mueller, She Wrote. Mueller she Wrote just filed a lawsuit in California over it. But this is the first one to block it. So we'll follow it closely. You know where to do that? Legal AF, the YouTube channel, which I curate for you 12 fresh videos every day.
Juan Naula
You.
Person 2 (Casual conversation participant and legal commentator)
And over on Legal AF substack, I'll do updates on this. If there is an appeal, you'll know about it first on Legal AF until my next report. This is Michael Popak.
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That's why we formed the Legal AF Substack. Every time we mention something in a Hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called Wait for It Morning af. What else? All the other contributors from Legal A there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes. Wear Legal AF on Substack. Come over now to free subscribe.
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Date: May 29, 2026
Host(s): Michael Popok (National Trial Lawyer/Commentator)
Topic: Federal Judge Blocks “Anti-Weaponization Fund” Tied to Trump
This episode brings urgent legal analysis on a breaking development: a federal judge, Leonie Brinkema, has just blocked the controversial $1.8 billion "Anti-Weaponization Fund," which was created by Donald Trump and the Department of Justice, pending full court review. The hosts dissect the ruling’s legal context, likely consequences, and what comes next, while providing insight into the associated lawsuits and procedural standoffs. The tone is analytical yet conversational, intending to break down complex legal maneuvers for informed listeners.
[01:30] Michael Popok reports breaking news:
Quote:
“Judge Brinkema has blocked the creation of the fund, the funding of the fund, the distribution of funds from the fund... until she can get full briefing.”
—Michael Popok [01:30]
The court’s rationale:
Memorable moment:
Judge slowed down the plaintiff’s proposed expedited schedule, but blocked all action meanwhile.
Timeline set by the court:
Analysis:
Quote:
"I just don't see John Roberts granting an appeal and cutting the legs out as of yet from under Judge Brinkema as she set a reasonable briefing schedule.”
—Michael Popok [about 02:50]
Background:
Multiple legal challenges are pending:
Notable quote:
“No legitimate suit, no good faith filing, then the Attorney General is not empowered to settle anything.”
—Michael Popok [04:10]
Negotiation Breakdown:
Quote:
“Democracy Forward reached out...they would not commit to hold, to put a pin in it...Hence the judge saying, I'm going to do it for you. I'm going to block it.”
—Michael Popok [04:30]
Standing Issues:
| Timestamp | Quote | Speaker | |-----------|-------|---------| | 01:30 | “Judge Brinkema has blocked the creation of the fund, the funding of the fund, the distribution of funds from the fund... until she can get full briefing.” | Michael Popok | | 02:50 | "I just don't see John Roberts granting an appeal and cutting the legs out as of yet from under Judge Brinkema as she set a reasonable briefing schedule.” | Michael Popok | | 04:10 | “No legitimate suit, no good faith filing, then the Attorney General is not empowered to settle anything.” | Michael Popok | | 04:30 | “Democracy Forward reached out...they would not commit to hold, to put a pin in it...Hence the judge saying, I'm going to do it for you. I'm going to block it.” | Michael Popok | | 09:55 | “This is the first order blocking the anti weaponization fund, even if it’s just for the next two weeks.” | Michael Popok |
End of summary.