Commentary

Blue States Declare War on Lawfare Victims

Posted on by Bill McCarthy

100% Tax Grab Is Just More Weaponized Persecution.

Democrats never stop. After years of using every federal agency, prosecutor, and judge they could corrupt to destroy Donald Trump and his supporters, they’re now launching a new front: trying to confiscate every penny from the Anti-Weaponization Fund meant to make victims whole. Several blue states, led by California’s Gavin Newsom, are openly vowing to tax 100% of any payouts their residents receive from this $1.776 billion restitution effort. This isn’t policy. It’s pure spite — a continuation of the same lawfare mentality that created the victims in the first place.

The Fund: Basic Justice for Americans Targeted by the Regime

The Anti-Weaponization Fund emerged from Trump’s IRS settlement over the illegal leak of his tax returns. Instead of taking personal money, Trump forced the creation of this mechanism to compensate people abused by the Obama-Biden weaponization machine. January 6 defendants, Russia hoax targets, parents labeled terrorists for school board protests, disbarred lawyers who defended Trump — these are the Americans who lost everything while the system protected its own.

The fund uses existing Judgment Fund dollars. Claims go through a review process. Awards include cash restitution and formal apologies. It’s limited, targeted, and far more restrained than the blank-check lawfare Democrats unleashed for years.

The Left’s 100% Tax Tantrum: California’s Lead and the Dominoes Falling

Gavin Newsom kicked it off, announcing California would seize 100% of any payouts to state residents. New York, Connecticut, New Jersey, Illinois, and Wisconsin Democrats quickly piled on with similar proposals or bills. Their reasoning? They call the fund a “slush fund” for January 6 participants and Trump allies. Translation: we spent years trying to bankrupt you — how dare you get any of it back?

This is coordinated. Blue state lawmakers are sharing legislative language. The goal is obvious: make the restitution meaningless for their residents while virtue-signaling to the resistance base. They can’t stop the fund federally, so they’re trying to nullify it at the state level through confiscatory taxation.

Legality and Constitutionality: This Assault Is on Shaky Ground

States have broad taxing authority, but this stinks of unconstitutional retaliation. Several serious problems loom:

  • Supremacy Clause issues: States cannot use their tax power to obstruct or frustrate legitimate federal policy and programs. Targeting a specific federal restitution fund this way looks like discriminatory interference with federal objectives.
  • Equal Protection and First Amendment problems: Selectively confiscating awards based on political context raises serious constitutional red flags. This isn’t neutral taxation — it’s punishment aimed at Trump supporters exercising their rights.
  • Takings Clause concerns: A 100% tax on these specific awards could be challenged as an uncompensated taking of property. Courts have struck down similar punitive state actions before.
  • Precedent against political retaliation: The Supreme Court has repeatedly rejected state attempts to target disfavored federal policies or groups through creative taxation.

Legal experts expect swift court challenges. This smells more like political theater than enforceable law. Blue states can pass these bills for headlines, but actually collecting 100% while surviving litigation is a different story. Federal courts aren’t likely to let states openly sabotage a DOJ restitution program.

The Real Message: Democrats Still Don’t Get It

This 100% tax push reveals the left’s true character. They weaponized government against half the country, celebrated the destruction, then scream when victims get a chance at basic fairness. Instead of accepting the 2024 verdict, they’re doubling down on persecution from the statehouse level.

Normal Americans see it clearly. The same machine that tried to bankrupt parents, small business owners, and political opponents now wants to steal their restitution too. This isn’t governance — it’s gangsterism with better PR.

The Anti-Weaponization Fund represents a small step toward restoring balance. Blue states’ greedy response proves exactly why it was necessary. America First means rejecting this endless cycle of abuse. Victims deserve their day. The states trying to rob them again deserve to lose in court — and at the ballot box.

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