Programming Note: Executive Functions Roundup will operate on a limited holiday schedule for the week of Memorial Day. Following our May 21 edition, the Roundup will publish only on May 26 and May 29 before returning to its regular daily schedule on June 1.
The Justice Department on Monday announced that it will establish an “Anti-Weaponization Fund” totaling $1.776 billion “to provide a systematic process to hear and redress claims of others who suffered weaponization and lawfare.” The fund will be created as part of the settlement agreement resolving President Trump’s $10 billion lawsuit against the Internal Revenue Service. (Press release.) (Directive.) (NYT.) Semafor reported that it is yet unclear how critics of the fund could legally contest the deal because there is no obvious plaintiff with standing. (Semafor.)
The Treasury Department’s general counsel, Brian Morrissey, reportedly resigned hours after the fund was announced on Monday. (NYT.) (WSJ.)
President Trump said Monday that he called off a planned attack on Iran in order to allow negotiations for a peace agreement to proceed. He added that he has instructed U.S. military leaders “to be prepared to go forward with a full, large scale assault of Iran, on a moment’s notice, in the event that an acceptable Deal is not reached.” (Truth Social.) (WaPo.)
The Pentagon’s inspector general will investigate whether the U.S. military has adhered to targeting guidelines in its strikes on alleged drug trafficking vessels as part of Operation Southern Spear, according to a statement the IG’s office provided to Bloomberg News. (Bloomberg.)
The New York Times and its reporter Julien Barnes filed a second lawsuit against the Defense Department in the District of Columbia on Monday. The lawsuit seeks to vacate and enjoin a revised Pentagon interim policy that requires journalists be accompanied by escorts while inside the building. (Complaint.) (WaPo.) For background on the Times’ other lawsuit challenging Pentagon press restrictions, see previous Roundups.
Minnesota state prosecutors on Monday charged an ICE agent with four counts of second-degree assault and one count of falsely reporting a crime in connection with the nonfatal shooting of a Venezuelan man in January. A spokesperson for ICE called the charges “unlawful and nothing more than a political stunt.” (WSJ.)
According to the New York Times, President Trump on Monday submitted a report to Congress proposing that the refugee admissions level be lifted from 7,500 to 17,500 to allow an additional 10,000 white South Africans to gain entry into the United States as refugees. (NYT.)
Bob Bauer argued that Congress should develop legislation establishing the special body contemplated by the 25th Amendment to replace the Cabinet’s role in presidential inability proceedings. (Executive Functions.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.
Mullin v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining then-Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay. The Court heard oral argument on April 29, 2026.
Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Mullin v. Doe. The Court heard oral argument on April 29, 2026.