Federal Judge Rebukes DOJ Lawyers in IRS Discovery Dispute: 'You Have Failed'
Key Takeaways
- •U.S. Magistrate Judge Ivan Davis criticized DOJ lawyers for failing to comply with discovery rules and ordered preliminary disclosures released within a week.
- •The lawsuit challenges a now-abandoned $1.8 billion fund for alleged government weaponization victims and a still-active order immunizing Trump, family members, and his company from past tax audits.
- •A key dispute concerns the identities of individuals involved in creating, executing, and conceiving the settlement terms; Davis said the DOJ must produce the names or assert a legal privilege, having done neither.
- •Attorney General Todd Blanche abandoned the fund plan amid Republican opposition, but Trump still supports it and the settlement agreement has not been formally changed.
- •The same day, a federal judge denied Trump's request to transfer his felony conviction appeal to a higher court, calling his attorneys' arguments neither new nor legally sufficient.

A federal judge sharply criticized Department of Justice lawyers on Friday over what he called their "untenable" explanations for refusing to provide information related to President Donald Trump's dispute with the IRS.
"You have failed on both ends of the discovery process," U.S. Magistrate Judge Ivan Davis told Justice Department senior counsel Andrew Block. "That cannot continue."
According to Bloomberg, at the hearing, the federal magistrate judge in Alexandria, Virginia, accused the U.S. government of failing to comply with court rules by refusing to fully respond to questions about the origins of the arrangement with Trump. The judge gave both sides another chance to reach an agreement before he takes a heavier hand in dictating what the government must produce. He did, however, order the release of certain preliminary disclosures within the next week. As a magistrate judge, Davis handles pretrial matters such as discovery disputes in the case, though his rulings can be reviewed by a district judge.
The lawsuit, filed in Virginia by a group of Trump critics, challenges a now-defunct plan to create a $1.8 billion fund for victims of alleged government "weaponization," as well as a still-active order from Attorney General Todd Blanche immunizing Trump, several of his family members, and his company from audits of past tax filings. As part of that arrangement, Trump dropped his lawsuit in Florida against the IRS.
A key sticking point in the case, Bloomberg explains, involves requests by the challengers for the names of individuals involved not only in creating or executing the fund plan and the broader settlement agreement, but also in the "conception" of the terms. Blanche announced he would abandon the fund plan in response to Republican opposition, but Trump has continued to express support for the idea, and the settlement agreement has not been formally changed.
On Friday, Judge Davis said the Justice Department had to produce the requested names or explain why such information would be protected under attorney-client privilege or another rationale, noting that the department had done neither. The judge declared, according to Bloomberg, that the government's stance on discovery — the exchange of evidence and information in litigation — was "untenable." The outcome of the dispute over the names could shape how much internal decision-making behind the settlement becomes public as the case proceeds.
Toward the end of the hearing, the judge told Block that although he understood "you're not running the show," the rules apply to all parties involved.
The judge's remarks come as Trump has faced a series of setbacks in court. Earlier the same day, a federal judge denied his request to have the appeal against his felony convictions transferred to a higher court, a move that would have fast-tracked his case to the Supreme Court. In that case, the judge said the arguments presented by Trump's attorneys were "neither new nor legally sufficient."