Rep. Jamie Raskin writes:

These days it takes a spectacular burst of corruption to get the attention of our scandal-weary nation, but President Trump and his administration have managed, once again, to transfix Americans by establishing a $1.776 billion “anti-weaponization” fund in the Department of Justice that will undoubtedly be used to line the pockets of Mr. Trump’s partisans and foot soldiers — with your tax dollars.

The creation of this fund is a stupefying feat of self-dealing, part of a “settlement agreement” between the Department of the Treasury, which Mr. Trump controls, and the plaintiffs — Mr. Trump, two of his sons and their family business — who sued the I.R.S. for $10 billion over the leak of his tax returns. It will very likely result in an undeserved windfall to a legion of Jan. 6 rioters who have already unjustly received pardons from Mr. Trump.

Every part of this farce is an affront to the Constitution. It usurps both the exclusive power of Congress to legislate programs and spend money and the power of the courts to decide specific cases and controversies.

It is, quite simply, a scam.

Only Congress has the power to appropriate federal dollars. Article I, Section 9 of the Constitution states that “no money shall be drawn from the Treasury but in consequence of appropriations made by law.” But Mr. Trump and the acting attorney general, Todd Blanche, seem to think they can conjure this giant slush fund into being without congressional approval.

Further, Article III, Section 1 states that the “judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.” Yet the settlement took Mr. Trump’s case out of the hands of the courts. And it calls for oversight by a five-member board, appointed by Mr. Blanche and whose members Mr. Trump can dismiss on a whim. Even if this fund were legitimate, that kind of setup wouldn’t be for Mr. Blanche to decide. Congress has never established a court, tribunal or board to hear pleas from people who believe they are victims of government “weaponization,” much less a fund almost certainly meant to reward supporters and allies of the president who feel they were wronged simply because they were prosecuted for their actions on Jan. 6, 2021.

No matter what you think about the events of Jan. 6, hundreds of rioters indisputably broke the law that day when they stormed the Capitol trying to stop the certification of the 2020 presidential election and the peaceful transfer of power.

As regrettable as it is that most of the rioters were pardoned, there’s no denying that as president, Mr. Trump has that power. But the same Constitution giving him that power also says that “neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States.” Jan. 6 was indeed an insurrection, and pardon or no pardon, no one can legally be compensated for taking part in it.

As James Madison noted in Federalist No. 10, a cardinal precept of our legal system is that “no man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.” Here, Mr. Trump’s administration “settled” a case that he brought, effectively making him the judge in his own case. He not only concocted the fund, but his Justice Department also threw in a sweetener: shielding him and his sons from audits of any tax returns they have already filed. [Continue reading…]