“The mootness argument, in my view, doesn’t go anywhere,” Brinkema said.

However, the judge — a Clinton appointee — said she’d likely dismiss the challenge before her if acting Attorney General Todd Blanche and Treasury Secretary Scott Bessent file declarations under penalty of perjury in the next week saying that the fund has been abandoned.

Brinkema’s decision to extend her freeze on the fund came two days after a judge in Washington turned down a request for a similar order in connection with another lawsuit challenging the compensation plan. Judge Richard Leon said Blanche’s statements, coupled with similar assurances in legal pleadings, meant the suit before him was likely moot, although he cautioned the administration against any attempt to revive the plan.

Bur Brinkema pressed DOJ Attorney Andrew Block Friday on whether he could explain why Blanche had not issued something in writing to rescind his May 18, 2026 order detailing procedures for the fund.

“Your Honor, I didn’t get the chance to speak to the attorney general and ask him that question,” Block said.

“You understand there’s a big gap in the record if you don’t have an answer to that question?” the judge replied.

Block said that “as an officer of the court” he stood by the statement in the government’s legal papers that the fund isn’t proceeding, but he remained unable to say why Blanche hadn’t formally shut the process down. “I don’t have an answer as to why that particular piece of paper wasn’t rescinded,” Block said.

Brinkema also pointed to Trump’s comments in an interview with NBC last week, calling the fund “a great idea” and saying he’d be disappointed if it didn’t happen.

The judge said the president’s statement was “a pretty good indicator” that the administration was seeking some way to resurrect the plan.