MIAMI—A federal judge has declined to let the Department of Justice quietly bury a fraudulent settlement that would have granted the Knuckle-Brained Fart Lozenge and his family sweeping legal immunity, instead inviting an explicit motion alleging fraud on the court in a single, devastating footnote.
In a 56-page order issued July 17, Judge Kathleen Williams of the Southern District of Florida did not simply void the settlement. She found the parties—the DOJ and the former president’s attorneys—were never actually adverse. They used a court proceeding to launder a private immunity deal, she wrote, calling their claim of being on opposite sides a resounding no.
But it was footnote 59 that drew the most attention. Williams wrote that her ruling should not be understood as a final determination regarding any fraud perpetrated on the court and explicitly left open the possibility of future relief under a rule designed for just such a situation. She also noted that fraud that prevents the functioning of the judicial process does not have to be brought within any specific time period.
“This isn’t a hint. It’s a road map written in 12-point font,” said Eleanor Kagan, a former federal prosecutor and now a professor at Yale Law School. “She’s saying, if you have a fraud-on-the-court claim, I’m ready to hear it. The statute of limitations doesn’t even apply.”
The settlement in question was amended the day after it was signed by Todd Blanche, the former president’s attorney, to extend the immunity deal to the former president’s family and business associates for criminal and tax liability—a “super pardon” that made Blanche a favorite for the post of attorney general. Blanche breezed through his confirmation hearings insisting the arrangement was perfectly appropriate.
Now the judge’s invitation threatens to turn that appearance into a permanent exhibit. A successful fraud-on-the-court motion could trigger sanctions against Blanche personally, including possible disbarment, even as he prepares to lead the Justice Department.
