35 Former Federal Judges File Opposition to Trump v. IRS Motion to Stay
August 4, 2026
Former judges say the motion to pause the court’s sanctions order pending appeal is baseless, explaining that the court’s earlier decision was sound and that plaintiffs have not demonstrated irreparable harmed
WASHINGTON, D.C. — Today 35 former federal judges, with support from Democracy Defenders Action, Platkin LLP, Susman Godfrey LLP, and Rivero Mestre filed a comprehensive opposition to Donald Trump’s expedited motion to stay in the case of Donald J. Trump v. Internal Revenue Service.
In response to a motion and amicus brief filed by the former judges challenging the “slush fund” settlement and broad release of tax and other potential liability favoring the president and his family, on July 13, the court entered an order sanctioning plaintiffs and their lawyers for bringing President Trump’s collusive suit against the IRS and basing their purported settlement on that suit. Plaintiffs and their lawyers have since filed an appeal and are asking the district court to pause the sanctions while the appeal is pending.
In their brief filed today, the former judges argue that “[a] stay is not appropriate because Plaintiffs are not likely to prevail on appeal. The stay application also fails because Plaintiffs have not shown irreparable injury. Plaintiffs, as ‘[t]he party requesting a stay,’ cannot carry ‘the burden of showing that the circumstances justify an exercise of that discretion.’”
The former judges argue that the court correctly concluded that the plaintiffs — which include President Trump, Donald Jr. and Eric Trump, and the Trump Organization — and their lawyers “‘pursued this lawsuit in bad faith’ and with ‘improper purpose,’” and that the “Rule 11 sanctions” the court imposed on them “were therefore appropriate.” The former judges also make clear in their filing that the court gave fair notice to the Trumps, the Trump Organization and their lawyers that it was considering imposing sanctions and that “they were afforded notice and an opportunity to respond.” Finally, they make clear that the other arguments in Trump’s appeal, including their claims that they will be irreparably injured by the sanctions order, are without legal merit.
Read the full opposition brief here.
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