Looks like uneven fork legs (as-installed) in your pix. You should be able to tighten the axle nut, possibly until the threads strip, without getting wheel bind. The spacers, including the brake plate, form a structural unit...which is torque-neutral, i.e. places no side load on the bearings. If bearing bind is the problem, the bearings are dead.
Time for a little diagnostic homework. Pull the inner fork legs from the upper fork assembly, then see if you can properly (or nearly so) torque the axle, with everything sitting square, no wheel bind. If you can, then the problem is in the fork assembly. If you can't, then it's at the wheel hub end.