The Cerf Report

David Cerf

The Cerf Report delivers clear, critical analysis of issues that often lack depth or rigor. Each episode examines the forces shaping economic power, public policy, technology, and institutional change — separating signal from noise. Audio editions are adapted from written research published on Substack, preserving the original analysis in a format designed for listening. thecerfreport.substack.com

  1. May 19

    The 1.776 Billion Dollar Question

    Sources and Further Reading The Anti-Weaponization Fund settlement (announced May 18, 2026) DOJ press release on the $1.776 billion fund and Trump's IRS lawsuit dismissal — primary source for the settlement structure https://www.justice.gov/ ABC News: "DOJ announces $1.7B 'Anti-Weaponization Fund' as part of Trump IRS lawsuit settlement" — fund details, eligibility, $1.776B figure https://abcnews.com/US/trump-court-filings-plans-drop-10b-lawsuit-irs/story?id=133066043 Roll Call: "DOJ announces $1.8 billion fund as part of Trump settlement with IRS" — Acting AG Blanche statement, fund administration structure https://rollcall.com/2026/05/18/trump-seeks-to-drop-10-billion-lawsuit-against-irs/ CNBC: "U.S. creates $1.8B 'lawfare' fund in exchange for Trump dropping $10B IRS suit" — Judgment Fund as funding source, Senate reactions https://www.cnbc.com/2026/05/18/trump-dismiss-irs-lawsuit.html The Hill: "Democrats challenge DOJ's $1.776B 'anti-weaponization' fund" — Article III challenge, 93-member amicus brief https://thehill.com/regulation/court-battles/5883590-democrats-criticize-doj-anti-weaponization-fund/ The underlying IRS lawsuit and constitutional questions Al Jazeera: "A president suing himself? Why experts say Trump's $10bn lawsuit might fail" — comprehensive legal analysis, including Emoluments Clause discussion https://www.aljazeera.com/news/longform/2026/3/13/a-president-suing-himself-why-experts-say-trumps-10bn-lawsuit-might-fail Fortune: "Trump's IRS suit may end with a $1.7 billion compensation fund" — unprecedented for a sitting president to sue his own government https://fortune.com/2026/05/16/trump-irs-lawsuit-compensation-fund-government-weaponization/ Court-appointed experts' brief, Southern District of Florida, May 2026 — assessment of Article III adversity Filing by 93 House Democrats arguing collusive litigation under Article III The Judgment Fund statute and limits 31 U.S.C. § 1304 — Judgments, awards, and compromise settlements — the controlling statute https://www.law.cornell.edu/uscode/text/31/1304 GAO Red Book, Volume III, Chapter 14: Payment of Judgments — authoritative interpretation of Judgment Fund scope https://www.gao.gov/legal/appropriations-law/red-book Congressional Research Service: "The Judgment Fund: History, Use, and Sources of Funding" — non-partisan overview https://crsreports.congress.gov/ The Keepseagle precedent Cohen Milstein: Keepseagle v. Vilsack case summary — class action structure, $760 million settlement, 98% recovery analysis https://www.cohenmilstein.com/case-study/keepseagle/ Native American Agriculture Fund — the cy pres successor entity https://nativeamericanagriculturefund.org/ USDA Farm Service Agency: Keepseagle settlement claims process documentation The IRS leak and underlying statute 26 U.S.C. § 7431 — Civil damages for unauthorized inspection or disclosure of returns — $1,000 per disclosure statutory damages https://www.law.cornell.edu/uscode/text/26/7431 DOJ press release on the conviction of Charles Littlejohn for the 2019 tax return leak New York Times: original Trump tax return reporting (2020) — the underlying disclosure https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html Related Cerf Report analysis The Cerf Report: prior coverage of constitutional governance and the appropriations power https://thecerfreport.com Get full access to The Cerf Report at thecerfreport.substack.com/subscribe

    12 min
  2. Where Is Our Daniel Ellsberg?

    May 12

    Where Is Our Daniel Ellsberg?

    For more articles, visit TheCerfReport.comHistorical sources: Truman's commitment of U.S. forces to Korea, June 25-30, 1950: Council on Foreign Relations, "TWE Remembers: Truman's Decision to Intervene in Korea"; Lawfare, "The Korea War Powers Precedent"; Truman Library, "The United Nations in Korea" Truman "police action" press conference, June 29, 1950: Honor Flight Chicago, "June 27, 1950: Truman calls for police action" Truman's legal theory (UN Charter, UN Participation Act, Security Council resolutions as authorization): Louis Fisher, "The Korean War: On What Legal Basis Did Truman Act?"; Mary L. Dudziak, "The Gloss of War: Revisiting the Korean War's Legacy," 122 Mich. L. Rev. 149 (2023) John Foster Dulles testimony, UN Charter ratification hearings, 1945: U.S. Senate Committee on Foreign Relations UN Participation Act of 1945, Pub. L. No. 79-264, 22 U.S.C. § 287d Senator Robert Taft's "usurpation" floor speech, June 28, 1950: 96 Cong. Rec. 9319-23; Constitution Annotated, "International Police Action and the Korean War" Korean War casualty figures (36,000+ U.S. military deaths, 2.5+ million total): Congressional Research Service, "American War and Military Operations Casualties" U.S. aid to France in Indochina, 1947-1954: U.S. State Department, Foreign Relations of the United States, 1950, Volume VI; Pentagon Papers, "Aid for France in Indochina, 1950-54" Pentagon Papers history and contents: Richard Nixon Presidential Library, "50th Anniversary of the Release of the Pentagon Papers" New York Times Co. v. United States, 403 U.S. 713 (1971) Daniel Ellsberg, Secrets: A Memoir of Vietnam and the Pentagon Papers (2002) Fielding break-in, September 1971: Miller Center, University of Virginia, "Nixon and the Pentagon Papers" Ellsberg quote on congressional abdication: public statements and writings on war powers, late career Contemporary sources: Iran strikes, February 28, 2026: NPR, "Iran strikes were launched without approval from Congress" (March 1, 2026); TIME, "After Iran Strikes, Congress Confronts Its Limited Power Over War" (March 2, 2026) Senate war powers vote, March 4, 2026: National Constitution Center, "Does the War Powers Resolution debate take on a new context in the Iran conflict?" (March 2026) 60-day War Powers Resolution clock and ceasefire claim: CNN Politics, "The law sets a 60-day limit on unauthorized wars. The US is blowing past it in Iran" (April 25, 2026) Cost estimates and Pew survey: Close Up Foundation, "Should Congress Prohibit Federal Funding for the War in Iran?" (April 2026); Center for Strategic and International Studies Kaine-Paul resolution, Massie-Khanna resolution, Sanders S.2087 (No War Against Iran Act): Congress.gov; TIME (March 2026) Constitutional reference: U.S. Constitution, Article I, Section 8, Clause 11 (Declare War Clause); Article I, Section 8, Clause 12 (two-year army appropriation limit) Federalist No. 26 (Hamilton on the two-year appropriation requirement) War Powers Resolution of 1973, 50 U.S.C. §§ 1541-1548 Get full access to The Cerf Report at thecerfreport.substack.com/subscribe

    16 min

About

The Cerf Report delivers clear, critical analysis of issues that often lack depth or rigor. Each episode examines the forces shaping economic power, public policy, technology, and institutional change — separating signal from noise. Audio editions are adapted from written research published on Substack, preserving the original analysis in a format designed for listening. thecerfreport.substack.com