§ V.C, the bar. A claimant must assert at least one legal claim that they were a victim of “Lawfare and/or Weaponization.” Assert, not prove. The Broadview Six each have four: malicious prosecution (the case ended in their favor, dismissed with prejudice); First Amendment retaliatory prosecution (charges that grew out of protected protest, after a first grand jury returned a No True Bill — the federal system's own term for no probable cause); selective prosecution (hundreds of protesters present, only public officials and candidates charged); and abuse of the grand jury (a structural-compromise argument — the defendants' argument, not settled law). Any one of the four clears the bar.
§ II.C, the definition. The settlement defines weaponization in four elements, and the prosecution meets all four: a sustained use of government power (a federal felony prosecution carried for nearly seven months), by covered actors (federal employees and agents), targeting officeholders and candidates over a protest, for improper and unlawful reasons. That last element, usually the hardest to prove, is the one the government's own record supplies: a federal judge identified grand-jury misconduct, an AUSA conceded on the record it was arguably misconduct, and every remaining charge was dismissed with prejudice on the government's own motion.
§ V.D, the weight. Of the seven totality factors that decide a claim's strength, five clearly favor every defendant. Factor (b), the claimant's own actions, gets a candid answer: the six joined a protest, none was convicted of anything, and the government abandoned its own case. Factor (g) is open-ended panel discretion, the honest wild card.
Source: Settlement Agreement, Trump v. IRS, S.D. Fla. No. 1:26-cv-20609, §§ II.C, V.C, V.D.
The full argument, as a document
Every element walked, every case cited — Thompson, Hartman, Wayte, Armstrong, Bank of Nova Scotia — and the obstacles given a section of their own: the Fund Brief.