Gov. Newsom Proposes 100% Tax on Trump’s January 6 ‘Anti-Weaponization Fund’

California Governor Gavin Newsom announced Wednesday he will impose a 100% tax on payments distributed from President Donald Trump’s Jan. 6th “slush fund.” And Newsom is looking forward to doing it. He said so.

Newsom is talking about imposing a 100% tax on any payments received by residents  of California from the Trump administration’s $1.8 billion “Anti-Weaponization Fund” – called the Jan. 6 “slush fund” by Newsom.

“One thing I think ‌we’re going to try to ‌do … is tax 100%, anyone from California who receives any of those ⁠funds, we ⁠want to tax 100% of those proceeds and that’s an action the state of California can take,” Newsom said. “It’s an action we look forward to taking.”

BREAKING: California will impose a 100% tax on payments distributed from Trump’s Jan. 6th “slush fund.” pic.twitter.com/IIfPUQrbuc

— Governor Newsom Press Office (@GovPressOffice) May 27, 2026

The replies to the Governor’s X post spoke volumes:

“Gavin the gouger. This is how he would tax America if he was in the White House. Thief. It’s all he knows.”

“When did politics turn into ‘I’m going to spend my entire day seeing what I can block or screw up for the other party?’ instead of ‘how can I help my people?'”

“Retarded governor Newsom will also tax your America Trump Fund 401k account for your children. Because the Fascist King does not want anyone to have nice things. These are some mentally ill, deranged people.”

The Trump administration’s $1.8 billion “Anti-Weaponization Fund” stems from a May 2026 DOJ settlement resolving Trump’s IRS lawsuit over leaked tax returns and aims to compensate individuals claiming government “weaponization,” expected to include many Jan. 6 defendants, targeted by the Biden administration for being at the U.S. Capitol on January 6, 2021.

Approximately 1,583 individuals were federally charged with crimes associated with the attack of the U.S. Capitol, according to the DOJ. This was the largest federal investigation and prosecution effort in U.S. history, involving thousands of FBI agents and extensive use of video, geolocation, social media, and tip-line evidence. The Biden-era DOJ pursued cases with impunity, with charges filed against individuals over several years.

However, Gov. Newsom may have a Constitutional problem –  the Supremacy Clause – Article VI of the Constitution.

A 100% tax could be challenged as a confiscatory “taking” without just compensation or a bill of attainder, punishing specific people without trial. Courts rarely invalidate taxes solely for high rates, but extreme, punitive targeting of a narrow group risks invalidation. 

According to the IRS, under “tax implications of settlements and judgments,” the U.S. Constitution grants states significant latitude to impose income taxes on residents. California already taxes most forms of income, including many lawsuit settlements and judgments, at rates up to 13.3% plus local add-ons. A targeted high-rate tax on a specific category of income is unusual but not automatically barred.

However, if the tax singles out recipients based on political viewpoint, political activity, or federal program participation, it could violate the Equal Protection Clause of the Fourteenth Amendment. A neutral “100% tax on compensation from this specific DOJ fund” would invite strict scrutiny, if framed as punishing the protected conduct of the pardoned Jan. 6.

Federal attempts to tax specific “slush fund” payouts at 100% have been proposed by Democrats in Congress. The newly introduced Wyden-Schumer legislation would impose a 100% tax on Trump insurrection slush fund payments, their press release states. California Congressman Mike Thompson (CA-04) first introduced the bill in the House of Representatives earlier this week saying, “The SLUSH FUND Act would tax the President’s unethical $1.776 billion slush fund meant to benefit January 6th rioters and other MAGA enablers at 100 percent, rightfully returning taxpayers’ money back to the people of the United States.”

However, a blatant 100% “gotcha” tax targeting one federal program for political reasons, which this clearly is, would be vulnerable to challenge on discrimination, preemption, or takings grounds.

Courts clearly will be deciding these cases.

This is just another case in Gavin Newsom’s pattern of escalating federal-state tensions to bring attention to himself. 

This solution-oriented fellow is offering legal help to California J6ers – the additional service of helping them set up offshore trusts. Smart.

In addition to helping J6ers apply for compensation (for 10% capped at $5k) I will offer California J6ers the additional service of helping them set up offshore trusts.

— David Johnston – LawyerOG – J6er (@DavidJo70430257) May 27, 2026