Statement: Bipartisan Senators File Amicus Brief Challenging Trump Administration’s $1.8 Billion “Anti-Weaponization” Fund
June 4, 2026
WASHINGTON, D.C.—Sen. Cory Booker and Sen. Bill Cassidy filed an amicus brief, with support from co-counsel Democracy Defenders Action and Platkin LLP, on the case that challenges the legality of the Trump administration’s nearly $1.8 billion “Anti-Weaponization Fund,” arguing that the program violates the Constitution’s Appropriations Clause and represents an unprecedented attempt to spend federal funds without congressional authorization.
The brief contends that the Executive Branch lacks authority to establish and administer a multibillion-dollar compensation program absent clear authorization and appropriations enacted by Congress. The senators argue that permitting the fund to proceed would undermine Congress’ exclusive constitutional authority over federal spending and weaken the separation of powers.
The brief states, “The ‘Anti-Weaponization Fund’ presents an immediate and dire threat to our constitutional order and the authority of Congress. Indeed, among other purposes, the Fund is designed to compensate the insurrectionists who stormed the U.S. Capitol on Jan. 6. The existence of the Fund strikes at the core of congressional authority and our Constitutional order.”
The $1.8 billion so-called “Anti-Weaponization Fund” was created through a settlement arrangement that directs substantial federal resources outside the ordinary appropriations process. The senators argue that allowing such a mechanism would create a roadmap for future administrations to evade congressional control over public expenditures.
“The law does not allow a president to turn a personal dispute with agencies under his control into a vehicle for spending money however he sees fit. Constitutional limits apply here, and the courts have a duty to enforce them. We are proud to stand with Sens. Booker and Cassidy in urging the court to do so,” said Amb. Norm Eisen (ret.), co-founder and board member of Democracy Defenders Action and Matt Platkin, founding partner of Platkin LLP, co-counsel for amici.
Read the original amicus brief here.
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