Key facts
- January 6 defendants are using the Federal Tort Claims Act (FTCA) to seek millions in compensation from the Trump administration.
- The FTCA allows individuals to claim damages for government wrongs, with the Justice Department holding discretion over settlements.
- These claims are funded by the judgment fund, a perpetual appropriation.
- All defendants pursuing these claims received pardons from Trump.
- Critics argue this process could turn the judgment fund into a "slush fund" similar to a previously proposed "anti-weaponization fund."
- Legislation has been proposed to bar individuals convicted of January 6-related offenses from receiving federal payouts.
Defendants convicted in connection with the January 6 Capitol riot are pursuing millions of dollars in compensation from the Trump administration through an obscure federal process known as the Federal Tort Claims Act (FTCA).
This legal avenue allows individuals who believe they have been wronged by the government to file claims for monetary damages. Crucially, the Justice Department has complete discretion over whether to settle these claims, providing the Trump administration a potential mechanism to compensate individuals involved in the January 6 violence, even after abandoning a proposed "anti-weaponization fund."
The claims would be paid from the judgment fund, a standing appropriation Congress has established. This is the same fund that was intended to be used for Trump's previously proposed $1.8 billion "anti-weaponization fund," which faced significant bipartisan backlash due to concerns that individuals who harmed law enforcement officers on January 6 could receive payouts.
Legal experts, including Rupa Bhattacharyya, a former director in the Justice Department's civil division, have expressed concern that the FTCA claims could transform the judgment fund into a "slush fund" if restrictions on its use are not enforced. She noted that the fund is intended for settling impending or imminent lawsuits with a risk of liability, and "bogus claims" could exploit its perpetual appropriation.
Many of the January 6 defendants are represented by attorney Peter Ticktin, who has filed approximately 400 FTCA claims. Mark McCloskey, another attorney involved, views the FTCA as a statute with "teeth" that offers a right to recovery if claims can be proven.
Among those seeking damages are Kenneth Joseph Thomas, sentenced for assaulting officers, and John George Todd III, convicted of injuring a Capitol police officer. Both are part of a lawsuit seeking at least $1 million each, alleging unfair and vindictive prosecution. Andrew Taake, who pleaded guilty to assaulting officers, is seeking at least $2.5 million, citing inadequate medical treatment and an unfair trial.
Bhattacharyya believes that "malicious prosecution type claims" are defensible, as many defendants were indicted by grand juries, convicted by judges, or pleaded guilty. However, McCloskey argues that many guilty pleas were coerced or that trials were unfair due to fabricated evidence and perjury.
In response to Taake's lawsuit, the Trump administration is actively defending itself and seeking dismissal, citing procedural requirements not being met. Republican Congressman Nick LaLota and Democratic Senator Adam Schiff have voiced strong opposition to the idea of taxpayers funding payouts to individuals involved in the January 6 violence, with Schiff proposing legislation to prevent such eligibility for those convicted or pardoned.