Judge Reopens Trump’s IRS Case, Wants To Know If The Court Was Defrauded

from the well-look-at-that dept

Most legal experts seemed pretty skeptical about the tactic of 35 former federal judges asking federal judge Kathleen Williams to reopen the case where Trump sued his own IRS demanding $10 billion. Turns out they were wrong — on Friday, Judge Williams reopened the case, not going so far as to investigate whether fraud had been committed upon the court (yet), but ordering the plaintiffs (Donald Trump) to file a response to those claims:

Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs shall file a response to the Motion (DE 63) on or before June 12, 2026, detailing their position on the matters set forth in the Motion, including (1) the charges of collusion and whether the Parties are truly adverse; (2) the assertion that the dismissal in this case was premised on deception by the Parties; and (3) the question of whether the case should be reopened because the Court was the “victim of a fraud.”

So it’s not yet a full reopening, but clearly signals that the judge felt compelled by what those other judges had submitted. We already knew she was skeptical about whether the parties were truly adverse — she had flagged it explicitly, which is part of what pushed Trump to have his IRS settle with himself before she could dig any deeper.

While Trump has been ordered to respond by June 12th, it wouldn’t surprise me at all to see his lawyers (I almost said the DOJ, but, you know, same thing these days) try to rush to either an appeals court or straight to the Supreme Court’s shadow docket — Donald Trump is not exactly known for accepting courts telling him he broke the rules.

There are some other interesting tidbits in the ruling from the judge, including this footnote:

The Court is aware of reporting that the IRS prepared a memorandum outlining ways to challenge Plaintiffs’ claims. Andrew Duehren, The I.R.S. Thought It Could Fight Trump’s Lawsuit, but It Struck a Deal Anyway, N.Y. Times (May 19, 2026), https://www.nytimes.com/2026/05/19/admin/irs-trump-lawsuit-deal.html. These defenses are consistent with the positions taken by the IRS and the Department of Justice in other litigation.

That’s a pointed eyebrow raise from the judge — essentially noting for the record that the IRS knew the lawsuit was bullshit and the DOJ “settled” anyway.

Just before that, there’s another footnote putting a spotlight on Donald Trump’s former personal attorney and now Acting Attorney General Todd Blanche for his unusually hands-on involvement:

This addendum, as the non-party movants point out, may be in conflict with internal Department of Justice policies that require the Department to only enter into compromises that are “specifically limited to the immediate subject matter of the claim which was in fact compromised.” (DE 63 at 8). The addendum was signed only by the Acting Attorney General.

While it’s still early days, the judge is essentially putting it on the record that basically everything here looks sketchy, and she wants Donald Trump’s lawyers to explain themselves before she turns the heat up.

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Comments on “Judge Reopens Trump’s IRS Case, Wants To Know If The Court Was Defrauded”

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29 Comments
Anonymous Coward says:

Re: Re:

Exactly, he’s the poster child for fraud.

Well, not “exactly”. Fraud is often said to be based on lies, and lying requires intentional untruth—which suggests one would have to know what’s true in the first place. Trump, by contrast, speaks without regard to truth or untruth, may have little knowledge of what’s true or how facts work, and might not even be competent to be put on trial.

TKnarr (profile) says:

Re: Re: Re:

Fraud is often said to be based on lies, and lying requires intentional untruth — which suggests one would have to know what’s true in the first place.

Which is why when dealing with legal definitions usually phrase it as “knowing it was untrue, or with reckless disregard for it’s truth”. Trump falls under the “reckless disregard” part. What he’s saying is false, he’s saying it deliberately, and whether he knows it’s false or just doesn’t care is a difference without a difference.

Anonymous Coward says:

Re: Re: Re:2

whether he knows it’s false or just doesn’t care is a difference without a difference.

It’s a good point about the legal wording, but doesn’t address the implicit standard that one must generally be capable of understanding the truth to be considered reckless with regard to it. And I seriously don’t know whether Trump would be considered sane enough to stand trial (on the other hand, any lawyer who suggests an insanity defense will be fired—until the courts stop this game of lawyer-roulette).

David says:

You wish.

While it’s still early days, the judge is essentially putting it on the record that basically everything here looks sketchy, and she wants Donald Trump’s lawyers to explain themselves before she turns the heat up.

She has absolutely no way to “turn the heat up.” This is putting on record that court and the public were getting bullshitted and the court is washing its hands of it because it had no say in the matter.

This will die a flaming death the moment it reaches an appeals court because it adjucates matters never put before the court intentionally, and she knows it. But it will die a flaming death on record. And Trump will do everything he can to make her suffer for her insolence.

Not just for her sake it is to be hoped that there is going to be justice after Trump.

TKnarr (profile) says:

Re:

But those issues were put before the court intentionally when Trump filed his suit. The court has inherent authority to decide whether there’s an actual controversy or not and to question the parties to determine the answer.

It’s important to get all this on the record because it changes the way the DOJ’s “settlement” is viewed. Without any case to settle, the question becomes whether the DOJ has the authority to create such a fund on it’s own, and the answer to that is a “No.” that’ll be hard for even Trump loyalists on the SC to argue with. Trump might have the authority to create such a fund on his own initiative, but that’s a really bad look which is why he’s doing it via a backdoor. Plus of course doing it himself gives Congress a way to kill it’s funding which he doesn’t want either.

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Re: Re:

I’d go one further.

When a person you disagree with does something you disagree with, the response should never be “hey, I’ll do it too!”

So even if Obama did the same thing (he didn’t), it shouldn’t matter at all in this case.

As soon as someone stoops to “but THEY got away with it” as the core of their argument, I think everyone already knows they did something wrong. And usually the reason THEY “got away with it” is that THEY didn’t do the same thing, and someone is trying to get similar results (more money) without going through the same process (the courts).

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