DOJ Settlement Permanently Bars IRS From Prosecuting Trump, Family Tax Claims

The U.S. Department of Justice settlement expanded on Tuesday to permanently bar the IRS from “prosecuting or pursuing” tax claims against President Donald Trump, his family and his businesses, according to a one-page addendum signed by acting Attorney General Todd Blanche.

“DOJ addendum to Trump settlement ends any IRS audits of him and his family Critics have said the settlement would violate the separation of powers”

ABC News

The addendum says the U.S. is “FOREVER BARRED and PRECLUDED from prosecuting or pursuing” claims that “have been or could have been” asserted by the IRS, and it applies to inquiries that are “currently pending or that could be pending,” including related to tax returns filed before the settlement’s effective date.

ABC News

The settlement followed the dismissal of Trump’s $10 billion civil lawsuit against the IRS over the leak of his tax returns in 2019, after the Justice Department and the Trump Organization agreed to drop the suit as part of creating a $1.776 billion “Anti-Weaponisation Fund.”

NPR described the expanded settlement as a permanent drop of tax claims against Trump, saying the one-page document posted to the Justice Department’s website bars examining or prosecuting Trump, his sons and the Trump organization’s current tax examinations.

In the same reporting, NPR said the Justice Department’s response was that the settlement refers only to existing audits, not future examinations, and it noted that the White House referred Associated Press inquiries to the Justice Department while the U.S. Treasury did not respond.

Democratic lawmakers immediately blasted the move, with Senator Adam Schiff of California accusing the Trump administration of engaging in corruption and “self-dealing,” and Al Jazeera reported Schiff’s statement that “The tax-dodging President gets himself and his whole family a tax break, thanks to Todd Blanche.”

In a separate account, USA TODAY reported that Senate Democrats criticized the fund as a “slush fund,” and it quoted Sen. Chris Van Hollen of Maryland calling it “an outrageous, unprecedented slush fund that you set up” to settle Trump’s lawsuit.

Al Jazeera

USA TODAY also reported that Blanche told the Senate Appropriations subcommittee that “anybody” can apply for a payout, including those convicted of attacking police during the Jan. 6, 2021, Capitol riot, and it recorded Van Hollen pressing him with the question about eligibility for people who assaulted Capitol Hill police officers.

Al Jazeera quoted Nathan Goldman, a professor of accounting and tax expert at North Carolina State University, calling the clause “unprecedented” and saying it “breaks from the current tax policies” by putting Trump and his family in a situation where they can pay what they believe is correct “without any fear of prosecution.”

USA TODAY further reported that critics questioned the propriety and legality of the agreement, and it quoted Paul Pelletier, a former senior Justice Department tax and white-collar crime prosecutor, saying, “This won’t stand up in court; this is corruption with a capital C.”

The expanded waiver’s practical effect, as described by multiple outlets, is that it blocks the government from pursuing certain IRS examinations and reviews tied to Trump, his family and their businesses, while the Justice Department said it was “only with respect to existing audits, not future.”

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NBC News reported that acting Attorney General Todd Blanche signed an addendum agreeing that the U.S. will not seek “any sort of audit or payment” on pending tax claims as part of the settlement, and it quoted the addendum’s language that the U.S. is “FOREVER BARRED and PRECLUDED” from prosecuting or pursuing claims.

ABC News said the addendum states that the IRS is “forever barred and precluded” from “prosecuting or pursuing” examinations or reviews of Trump or “related or affiliated individuals” and businesses arising out of “any matters currently pending or that could be pending.”

The dispute over consequences also extends to the Anti-Weaponisation Fund itself, which NBC News described as nearly $1.8 billion and said was created in exchange for Trump dropping his $10 billion lawsuit against the IRS and two civil claims for $230 million related to the Russia collusion investigation and the 2022 search of his Mar-a-Lago estate.

In the same broader reporting, ABC News noted that critics said the arrangement could violate the separation of powers and the Domestic Emoluments Clause, and it quoted Brandon DeBot, the policy director of the Tax Law Center at NYU School of Law, calling the addendum a “breathtaking abuse of the tax and legal system.”