The Anti-Weaponization Fund: Certifiably Based.
Obama and Biden abused the Judgment and Settlement Fund for decades. Should Republicans unilaterally disarm?
On this week’s episode of Rationally BASED, Ilan, Kathryn, and new host Josh dive into the anti-weaponization fund that was part of Trump’s recent settlement with the IRS. More than that, we talk about the merits of a tit-for-tat political strategy. Should we respond to the left using the same strategies they use against us? Or pursue a strategy of unilateral disarmament? (As some Senate Republicans would like us to, apparently.)
You can find the episode on Youtube, or on Apple, Spotify, or where you get your podcasts.
One of the most important things we cover, that you won’t get from any of the establishment news outlets, is just how often these collusive settlements have been used by Democrats in recent years. We go through many examples of the Obama and Biden Administrations sue-and-settle tactics.
Try Cobell v. Salazar. In 1996, an activist sued on behalf of Native American tribes, alleging the government had mismanaged various funds held in trust for the Indian tribes. The DOJ litigated the case aggressively and won many times, but the Obama Administration still made a big payout.
The plaintiffs had won on the merits, but they were fighting over damages. After numerous proceedings they eventually got a $450 million judgment. Hardly within a year of coming into office, the Obama Administration swept the prior 13 years of DOJ work under the rug and settled for $3.5 billion, even though DOJ had consistently won on the damages question.
And not only that – part of the settlement was $100 million in attorney fees for the plaintiffs’ lawyers, who were Democrat activists and donors. The left had perfected their corrupt practice.
Ted Frank, of the Hamilton Lincoln Law Institute, did some of the work finding more examples for us over on X:
Meanwhile, these same administrations were weaponizing the government against Republicans and average citizens. We tell the story of Jim Troupis, a man who has suffered through 17 separate legal actions from the government after he dared to represent President Trump in the wake of the 2020 election. Countless people have suffered damages under the Democrat’s weaponization of government, and they deserve compensation.
Another key aspect here is that in Trump’s first term, he actually got rid of this practice. In 2017, Jeff Sessions issued various internal memoranda prohibiting the DOJ from settling cases in a way that would lead to payouts to third-party NGOs. That year, EPA administrator Scott Pruitt issued EPA-specific guidance against the practice. They would require public notice, transparency and public comment on proposed settlements.
Fast forward to March of 2022 and the Biden EPA rescinded the Pruitt order. And Merrick Garland rescinded the Sessions guidance days after that. But Trump is the norm breaker!
Josh made a good point here: What we’re seeing is larger pattern that could be repeated across literally hundreds of examples. The Trump admin is accused of breaking sacred norms that were in fact broken long ago by the left, and Democrats and Republican fellow-travelers either don’t know, choose not to notice, or willfully play along.
So here’s the question we on the right need to address: How do we respond? Some Senate Republicans this week have sided with the Left in their belief that the right should sit on our hands and do nothing at all. Others, including your Rationally BASED hosts, couldn’t disagree more.
Where do you stand? Listen and let us know! We’d love to hear from you and address your comments on our next episode. Comment below or email us at rationallybasedpod@gmail.com. Or, if you have a paid subscription, you can comment here and join the conversation.