Trump is a tough negotiator, and, looking in the mirror, he faced an equally tenacious adversary. But the president managed to work out a deal with himself Monday, one as novel and brazen as the process that spawned it.
He dropped his lawsuit, extracting from his own government a promise to create a $1.8 billion fund to dole out to his political allies. A day later, in a curious addendum, Todd Blanche, Trump’s former lawyer and the acting attorney general, purported to immunize him from lawsuits arising from a great many things, not least his tax liabilities.
The government of the United States, Blanche wrote, is “forever barred and precluded” from pursuing claims against Trump involving “lawfare and/or weaponization” or tax returns.
The whole enterprise was a jarring shock to the conventional understanding of the constitutional system, raising what legal experts said were profound questions about presidential power. If the arrangement is allowed to stand, they said, Trump will have managed simultaneously to thwart Congress’ power of the purse and the ability of the courts to police the separation of powers.
Indeed, Tuesday’s addendum flirted with a grave question with no settled answer: Can the president pardon himself?
In 1974, shortly before President Richard Nixon resigned in disgrace for lawless conduct, Mary C. Lawton, the acting head of the Justice Department’s Office of Legal Counsel, wrote in a brief legal opinion that “it would seem” that Nixon could not pardon himself “under the fundamental rule that no one may be a judge in his own case.”
That opinion has not been withdrawn or tested.
Trump seems determined to challenge that proposition. While the mechanism was more complicated than a formal self-pardon, the addendum being deemed lawful would have a strikingly similar effect, a declaration from the government that Trump would not be liable for his private actions.
Legal experts struggled to make sense of this week’s developments, saying tentatively that it was unlikely anyone could sue to stop the moves.
“It is really difficult to think about how to frame a judicial challenge to what the president has done here,” said Samuel R. Bagenstos, a law professor at the University of Michigan. “That doesn’t mean people aren’t trying, and that doesn’t mean something might not succeed.” [...]
While Congress has ceded power to the executive branch, it could also reclaim it. Indeed, Sen. John Thune, R-S.D. and the majority leader, said Tuesday that he expected lawmakers to scrutinize how the president’s lawsuit had been ended.
Trump, along with his eldest sons and one of his businesses, filed suit in January against the Treasury Department, along with the IRS, an executive agency within the department. But the Treasury secretary “is and must be the president’s alter ego in the matters of that department,” the Supreme Court said in 1926. The president was suing himself. [...]
An appeals court allowed the payment to be made. In a dissent, Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit said the majority had taken perverse pleasure in letting the administration do as it wished.
“Perhaps one day, I will possess my colleagues’ schadenfreude toward the executive branch raiding hundreds of millions of taxpayer dollars out of the Treasury, putting them into a slush fund disguised as a settlement, and then doling the money out to whatever constituency the executive wants bankrolled,” she wrote. “But, that day is not today.”
Trump, along with his eldest sons and one of his businesses, filed suit in January against the Treasury Department, along with the IRS, an executive agency within the department. But the Treasury secretary “is and must be the president’s alter ego in the matters of that department,” the Supreme Court said in 1926. The president was suing himself. [...]
An appeals court allowed the payment to be made. In a dissent, Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit said the majority had taken perverse pleasure in letting the administration do as it wished.
“Perhaps one day, I will possess my colleagues’ schadenfreude toward the executive branch raiding hundreds of millions of taxpayer dollars out of the Treasury, putting them into a slush fund disguised as a settlement, and then doling the money out to whatever constituency the executive wants bankrolled,” she wrote. “But, that day is not today.”
by Adam Liptak, NY Times/Seattle Times | Read more:
Image: Kenny Holston/The New York Times
[ed. But... but... what about Hilary's emails?! And Hunter Biden doing something or other... maybe playing too much golf with Obama? Idiots. Rather than have his Justice Department just give him $10 billion free and clear (which would be awkward in the least), he's now proposing to drop the suit entirely if all tax and criminal liability (and that of his entire family) is waived basically forever- no matter what they do. What a deal. See also: May 19, 2026 (LfaA:)
[ed. But... but... what about Hilary's emails?! And Hunter Biden doing something or other... maybe playing too much golf with Obama? Idiots. Rather than have his Justice Department just give him $10 billion free and clear (which would be awkward in the least), he's now proposing to drop the suit entirely if all tax and criminal liability (and that of his entire family) is waived basically forever- no matter what they do. What a deal. See also: May 19, 2026 (LfaA:)
***
"But, in fact, administration officials have talked about paying off the January 6 rioters since at least December 2024, and in June 2025 the Justice Department paid close to $5 million to the family of Ashli Babbitt, killed by police as she tried to break into the House of Representatives.Apparently based on those signals, Florida’s Andrew Paul Johnson, a January 6 rioter pardoned by Trump, was convicted earlier this year of sexually abusing two twelve-year-olds and trying to buy their silence by saying he would share some of the millions of dollars in restitution money he expected the Trump administration would pay him for his January 6 case. Van Hollen went on to read a series of news stories reporting that January 6 rioters expected payments.
Since Trump’s blanket pardon of nearly 1,600 of those convicted of crimes related to the January 6 attack on the U.S. Capitol, many of them have been rearrested for crimes. At the time of Johnson’s sentencing, Representative Jamie Raskin (D-MD) noted that Trump’s support has made the January 6 rioters “think they’re untouchable.”
Then, today, the plot got even thicker.
A document—this time signed by Blanche himself—amended the previous agreement to add: “The United States RELEASES, WAIVES, ACQUITS, and FOREVER DISCHARGES” Trump, his sons, and the Trump Organization, “and is hereby FOREVER BARRED and PRECLUDED from prosecuting or pursuing, any and all claims” that, as of yesterday, “have been or could have been asserted” by the IRS against them or “related or affiliated individuals” or companies. In other words, Blanche is asserting a blanket promise to stop all IRS audits of Trump’s taxes and not to prosecute any crimes Trump, his family, his businesses, or his associates might have committed that crossed the IRS.
In 2024, Russ Buettner and Paul Kiel reported in the New York Times that Trump had been double-dipping his tax breaks for years. In her Civil Discourse, legal analyst Joyce White Vance called the document from the Department of Justice “a pardon on steroids.”
Vance commented that “[t]he optics of this are so bad that it’s hard to believe Trump would expose himself to their consequences unless he really needed this deal.” It’s probably worth remembering that, after years of pursuing the gangster Al Capone, the government finally managed to convict him of tax evasion. It appears Blanche and Trump’s loyalists are trying to make sure that can’t happen again, declaring any such investigations the “weaponization” of the Justice Department.
Holly Baxter of The Independent reported today that in the midst of all the chaos—including his war on Iran and rising fuel and food prices—Trump called a sudden, urgent press conference today as Blanche was testifying. But what was on his mind was not Iran, or prices, or his corrupt agreement with the Department of Justice. He wanted to talk about his ballroom.
