A $1.8 billion “anti-weaponization” fund established to pay people who say the government unjustly prosecuted them was rescinded Sunday night. But the settlement between President Donald Trump and his own Justice Department that created the fund remains unchanged.

The order, dated August 2 and signed by Acting Attorney General Todd Blanche, Trump’s former personal attorney, provides that the May 18 order establishing the Anti-Weaponization Fund “is rescinded and shall have no force or effect.” It states that no commissioners were appointed, no money was transferred, no claims process was created and no claims were paid, and says the order establishes beyond doubt that no fund exists.

A separate, unsigned Justice Department statement issued alongside the order addresses a second provision: a May 19 order releasing claims against Trump and family members over past tax filings. The statement says that release applies only retroactively and that it is the department’s interpretation that the order reaches only the named plaintiffs in Trump’s suit.

That is an interpretation rather than a modification. The settlement provides that it may be altered only by written agreement of all parties, and Blanche testified (see pg. 51 of nomination hearing notes) July 15 before the Senate Judiciary Committee that no such written modification exists. Pressed by Sen. John Cornyn, R-Texas, on whether the plaintiffs could later sue to enforce the fund provision, Blanche said they could attempt a breach-of-contract claim but could not compel the department to revive the fund. Cornyn also questioned whether the release’s key terms—”lawfare” and “weaponization”— have any settled legal meaning; Blanche acknowledged they appear in no statute or reported case.

The rescission unblocks Blanche’s nomination. Cornyn and Sen. Thom Tillis, R-N.C., had withheld support pending a written commitment, forcing the committee to postpone a vote last week; both said Monday they expect to advance the nomination. Trump had railed against the senators’ resistance, and said Saturday he would keep Blanche in an acting capacity and press Congress for anti-weaponization legislation if they did not relent.

The fund originated in Trump’s January suit against the IRS and Treasury Department over the leak of his tax records. US District Judge Kathleen Williams voided the settlement July 13, finding the $10 billion case had been improperly used to obtain judicial cover for an agreement conferring immunity on Trump-affiliated parties. Williams wrote:

[Founding Father and second US president] John Adams warned, ’Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.’ Thus, whatever may be the Parties’ wishes, inclinations, or the dictates of their passion, they cannot alter the state of the facts or evade the rule of law.

She referred Trump attorney Alejandro Brito to the Florida bar and directed notice to the New York and District of Columbia bars, citing Blanche and Associate Attorney General Stanley Woodward. Blanche has said he disagrees with the ruling’s characterizations of him.

A CNN/SSRS poll released last week put Trump’s approval at 34 percent, with 64 percent saying he has gone too far in pursuing personal business interests in office.