Trump Attorneys Blast Judge’s ‘Extraordinary, Unjust’ Sanctions in Scorching 60-Page Appeal
Attorneys for President Donald J. Trump, his two eldest sons, the Trump Organization, and two lawyers who brought the president’s lawsuit against the IRS argued that U.S. District Judge Kathleen Williams issued “extraordinary, unjust” sanctions that “improperly treated the filing of the Complaint as proof of collusion and bad faith.”
The legal team filed its opening brief on September 28 with the U.S. Court of Appeals for the Eleventh Circuit. The filing challenges an order handed down by Williams in the Southern District of Florida that penalized the plaintiffs and placed severe restrictions on how they discuss a multimillion-page dispute that was voluntarily dismissed months earlier.
The case traces back to January 29, 2026, when Trump filed suit in his individual capacity alongside Donald Trump Jr., Eric Trump, and The Trump Organization. The lawsuit sought $10 billion in damages under 26 U.S.C. § 7431 after former IRS contractor Charles Littlejohn stole and leaked approximately 15 years of their confidential tax filings to news outlets.
Littlejohn pleaded guilty to unauthorized disclosures, receiving the statutory maximum five-year prison term. The court documents show the IRS explicitly acknowledged “it failed to prevent Mr. Littlejohn’s criminal conduct and unlawful disclosure.”
Negotiations between the plaintiffs and the government resulted in a settlement requiring an agency apology and creating a $1.776 billion third-party Anti-Weaponization Fund. The Trumps received zero direct monetary payout. With the terms set, the plaintiffs voluntarily dismissed the case with prejudice on May 18, 2026, and the trial court marked it closed.
President Donald J. Trump
Things shifted when a group of 35 former federal judges intervened under Rule 60, alleging the dismissal masked a lack of genuine legal adversity.
On July 13, 2026, Judge Williams issued a 56-page ruling holding that because Trump supervises the executive branch, he and the defendant agencies shared “one, a fully realized unitary interest.” Concluding that genuine Article III adversity was absent, Williams ruled the case was collusive and slapped the parties with sanctions.
The order barred Trump, his family members, the company, and government entities from invoking the settlement in outside official proceedings—including congressional testimony or court hearings—as evidence that the lawsuit settled. Williams also sent a disciplinary referral regarding Trump attorney Alejandro Brito to The Florida Bar, prohibited attorney Daniel Epstein from seeking temporary court admission in the district for one year, forwarded findings to bar regulators overseeing Justice Department officials, and invited amicus groups to bill legal fees.
In the appeal, counsel Christopher G. Oprison, Josh Halpern, Tal Aburos, and Rachel A.H. Horton argued that the trial judge fundamentally distorted standard civil procedure. The brief contends that suing in a personal capacity for individual statutory damages created a distinct, legitimate financial conflict with the Treasury, regardless of the office Trump holds. The attorneys also emphasized that Trump’s sons and his private business hold no government power whatsoever.
The filing argues the gag provision functions as an unconstitutional prior restraint, muzzling speech across other official branches and forums without proper hearings, show-cause orders, or concrete findings of misconduct.
The appellants have asked the Eleventh Circuit to strike down the sanctions order in full.