The Project for the Fight Against Federal Overreach (FAFO) was launched by Philadelphia District Attorney Larry Krasner and Hennepin County (Minnesota) Prosecutor Mary Moriarty, both previously supported by George Soros‑funded initiatives. The nonprofit describes its purpose as holding federal officials to account when they act beyond their lawful authority.
Since its formation, FAFO has moved to confront federal immigration officers. Moriarty has filed a second‑degree assault charge against an ICE agent and has sued the former Trump administration for access to evidence in two separate cases involving the deaths of Renee Good and Alex Pretti. Legal commentators note that federal agents enjoy a degree of immunity from state prosecution for actions taken within the scope of their official duties, putting the viability of these suits into question.
The organisation’s finances are opaque. All contributions come from undisclosed donors, a fact that has prompted legal scholars to warn of potential bias. Rachel Paulose, managing attorney at the Upper Midwest Law Center, described the arrangement as "seems vindictive and contrary to basic notions of fairness." She added that the lack of transparency could raise equal‑protection and due‑process challenges under both federal and state constitutions, and that hidden benefactors might seek to shape evidence or its presentation.
John Hinderaker, president of the Minnesota‑based think‑tank Center of the American Experiment, called the set‑up "a terribly corrupt situation" where "law enforcement is available to the highest bidder in any direction." He argued that such a model should not be tolerated and must be exposed.
FAFO’s origins trace back to the anti‑Trump group Defiance.org, which incubated the project and supplied seed funding and a website. Defiance.org was co‑founded by Miles Taylor, a former Trump Department of Homeland Security official who later described himself as "part of the Resistance" in a New York Times op‑ed.
When FAFO incorporated as a separate nonprofit in March, it filed a Virginia business registration that listed a Washington, D.C., address belonging to the law firm Sandler Reiff Lamb Rosenstein & Birkenstock. The firm’s partners include former senior attorneys for the Democratic National Committee.
The registration also named three directors, all with liberal credentials: Delvone Michael, a former organiser for Senator Bernie Sanders’s presidential campaign; Ellen Yaroshefsky, a Hofstra University professor of legal ethics who serves on the New York State Committee on Standards of Attorney Conduct; and a third director not named in the source.
Other founding members include Fairfax County Prosecutor Steve Descano, who is currently under a Department of Justice investigation for allegedly granting preferential treatment to illegal immigrants by requiring his staff to weigh immigration consequences when deciding charges and plea bargains.
Critics argue that the combination of secret funding, a roster of politically active founders, and aggressive litigation against federal officials creates a perception of partisan prosecution. The situation underscores calls for greater transparency in the financing of prosecutorial initiatives and for assurances that legal actions remain grounded in law rather than ideology.