Start with the settlement. To access the fund Congress appropriated for
DOJ to use to settle cases, the executive branch essentially must certify that
there is an actual legal claim that could have been brought and adjudicated in
court. This claim cannot clear that bar, because, as U.S. District Judge
Kathleen Williams perceived, the entire lawsuit is a product of collusion
between the plaintiff and the government he controls. Trump sued an IRS that
answers to Trump, both legally and practically. And the IRS, after preparing a
memorandum urging the DOJ to defend the lawsuit as it has successfully in
similar cases, signed the agreement through its “Chief Executive
Officer,” Trump appointee Frank Bisignano. That meant it officially
affirmed the statement that the fund corpus is not taxable income and that
Trump receives no economic benefit. The fox didn’t just guard the henhouse. It
signed a sworn statement that no hens were harmed.
Now the
benefit. We can begin, before analyzing the specifics, by
asking whether there is a single act Trump has undertaken as president,
ever,
that wasn’t intended to benefit himself. Here, there are various and
substantial benefits, but the overriding one, which the coverage has so
far
largely ignored, is the official imprimatur on Trump’s bottomless
obsession
with rewriting and falsifying the past. The fund’s entire
premise—embedded in
the recitals, baked into the eligibility criteria, woven through every
page—is that January 6 was not an insurrection; rather, it was an act of
lawful
political protest met with government persecution.
And then there is the addendum, which plainly provides an enormous
benefit to Trump.