The lawsuit between President Trump and the IRS is described as a 'textbook example of collusive litigation' because the plaintiff (Trump) effectively controls the defendant (his Justice Department). The settlement was strategically timed to avoid a court hearing on whether a legitimate legal controversy existed, thereby evading judicial scrutiny.
The creation of the $1.8 billion fund is framed as a direct violation of the Constitution's separation of powers, specifically Congress's exclusive 'power of the purse'. The executive branch is unilaterally creating and funding a new government program without any congressional authorization or appropriation.
The fund is structured as a '100% slush fund' with a five-member committee appointed and controlled entirely by the President. This lack of independent oversight raises significant concerns that the money will be used for political patronage, rewarding allies and supporters with no objective criteria or accountability.
The discussion emphasizes that distributing federal funds without a valid appropriation is a felony under the Anti-Deficiency Act, punishable by prison time. This places rank-and-file officials at the Treasury and Justice Departments in a precarious position, facing personal criminal liability if they participate in administering the fund.
Keep pulling the thread on David Super.