Ex Judges Challenge Trump Fund, Citing Constitutional Conflict Over Donor Transparency Laws
WASHINGTON, D.C. — A coalition of former federal judges has formally challenged a fundraising initiative led by former President Donald Trump, arguing that the fund violates constitutional principles regarding donor disclosure. The legal action, filed Monday in the U.S. District Court for the District of Columbia, contends that the fund’s refusal to reveal the identities of major contributors undermines the First Amendment rights of voters and the integrity of campaign finance laws.
What: The group, comprising 12 retired judges from multiple circuits, has petitioned the court to compel the Trump-aligned fund to comply with federal disclosure requirements. The challenge centers on the fund’s designation as a social welfare organization under Section 501(c)(4) of the Internal Revenue Code, which allows for limited public reporting. The judges argue this classification is a misuse that obscures potential conflicts of interest and undue influence.
Who: The plaintiffs include prominent legal figures such as former Circuit Judge Martha G. Sotomayor (no relation to Justice Sonia Sotomayor) and retired District Judge Harold L. Pence. The fund in question is named the American Patriot Action Trust, which has raised over $340 million since its inception in 2023, according to public financial filings.
When: The petition was docketed on January 17, 2025, citing a recent escalation in undisclosed donations following the 2024 election cycle. The judges seek a preliminary injunction before the fund’s next scheduled disbursement deadline on March 1.
Where: The case is being heard in the U.S. District Court for the District of Columbia, with potential appeals expected to reach the Supreme Court. The fund is headquartered in Arlington, Virginia, but its operations impact federal election activities across all 50 states.
Why: The judges maintain that the fund’s opacity violates the Bipartisan Campaign Reform Act of 2002, commonly known as the McCain-Feingold Act