Because by any reasonable standard, I didn't have to. The settlement itself was the focus of my first post in this exchange. In that post I laid out red flags for it, such as while Blanche et al are mischaracterizing it as a settlement by the IRS, it appears to have simply been dictated by DOJ leadership.You wrote out 19 points. The first 18 say literally nothing about the terms of the settlement, the 19th is not an accusation of corruption.
The settlement is part of the sequence of events by the same people, not something distinct or even a separate event. Hell, I even described the settlement as an "attempt to terminate scrutiny before adjudication" and noted that the attorneys who were asked to evaluate the legitimacy of the case found that the plaintiff had "extraordinary control over the defendants of the case and that "circumstances raise the specter that Defendants and their attorneys may instead be operating at the President's direction ", which was echoed far more strongly by the judges in the amica briefs which described the sequence as a deception against the court and the purported settlement as "a product of collusion and is itself a fraud on the Court"
To quote it at greater length:
Never mind my own characterizations of the events asFraud on the court is established by clear and convincing evidence. See, e.g., Booker v. Dugger, 825 F.2d 281, 283 (11th Cir. 1987); Kinnear-Weed Corp. v. Humble Oil & Ref. Co., 441F.2d 631, 636 (5th Cir. 1971). Here, it is undisputed that this Court did not have the Settlement Agreement in front of it at the time Plaintiffs filed the Notice. The Settlement Agreement establishing the Anti-Weaponization Fund was not before the Court and the broad purported release of Plaintiffs’ known and unknown liabilities was neither announced nor publicly released until after the case had been dismissed. It is also undisputed that Plaintiffs filed the Notice before the Court received briefing it had ordered regarding whether an actual case or controversy existed. In such circumstances, setting aside the Notice and reopening the case in order to determine whether an actual case or controversy existed is necessary to ensure that the parties have not corrupted the judicial process, and to prevent federal courts from providing cover to a collusive settlement.
Indeed, the corruption of the judicial process is exactly what happened here. The parties have used this lawsuit—which was never an adversarial proceeding over which the Court even had jurisdiction—as a means to allow a "commission" controlled by the President to dole out $1.776 billion in taxpayer dollars without constitutional or congressional authority to do so, and to confer unlawful private benefits to the President and his family by purportedly prohibiting the United States from prosecuting any and all claims against them. And the parties have plainly tried to shield this conduct from necessary judicial scrutiny by short-circuiting this Court’s inquiry into whether the lawsuit is in fact an actual case or controversy by filing the Rule 41(a)(1) Notice before they announced the "settlement"—clearly in hopes of preventing the Court from ever completing that inquiry, which, if it comes out against the parties, will undo their collusive "settlement."
The sequence of events that led to Plaintiffs’ voluntary dismissal with prejudice makes this strategy self-evident. Shortly after the Court requested briefing on whether the Court had subject-matter jurisdiction over this functionally non-adversarial proceeding, the government entered into a "settlement agreement" with Plaintiffs that required Plaintiffs to immediately dismiss this case (thus terminating the Court’s "case or controversy" inquiry), and that purported to bind the United States to a stunningly broad release of potential claims and to pay billions of dollars before even trying to defend against Plaintiffs’ claims. See supra; ECF No. 45 at 8–14. That the government
has actively opposed nearly identical claims brought by different plaintiffs against the IRS only emphasizes the fraudulent nature of the “settlement” reached here. See, e.g., Safe Harbor Int'l, LLC v. IRS, No. 25-cv-139, ECF No. 31, at 1 (D. Md. July 23, 2025) (government’s motion to dismiss claim "for the unlawful inspection and disclosure of [plaintiffs'] return information"); Griffin v. IRS, No. 22-cv-24023, ECF No. 58 (S.D. Fla. Nov. 27, 2023) (government’s motion to dismiss claim relating to disclosure of "return information" on ground that the discloser, Charles Littlejohn, was a contractor and thus "not an officer or employee of the IRS"). And the fact that the government never asserted even basic defenses, including that the claims were clearly untimely or that the alleged discloser here (Mr. Littlejohn, the same contractor as in Griffin) was not a government employee, only strengthens the conclusion that the litigation was collusive from the start and that its goal was to obtain legal authority for the purported "settlements."
- the executive branch effectively controlled both sides of the litigation,
- The DOJ allegedly failed to assert standard dispositive defenses,
- a federal judge raised concerns about adverseness and jurisdiction,
- the case was promptly withdrawn after the judge scheduled a hearing on the matter,
- and substantially similar practical relief appears to have been recreated through executive action outside the litigation process.
"Political actors often scale back once scrutiny increases. A reduced but still highly favorable outcome after judicial pressure is not evidence against impropriety; if anything, it can be entirely consistent with an effort to salvage a politically sustainable version of the original goal."'
I thought I was being very clear that I do not see the settlement as a separate case. So when you conclude that I must really be saying that "the settlement took justifies scrutiny, the end result infinitely less so" because my most recent post focused on explaining why it's reasonable to suspect that the nominal Defense Counsel was instead working for the benefit of the plaintiff? That's a perplexing interpretation on your part, to say the least.
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