Key facts
- Trump allies are exploring the Federal Tort Claims Act to compensate supporters, including January 6 participants.
- A proposed $1.8 billion "weaponization" fund for supporters was halted due to opposition.
- The Federal Tort Claims Act allows individuals to file administrative claims and lawsuits against the U.S. government.
- Hundreds of January 6 participants have already filed claims, with at least 10 suing the government.
- Michael Flynn received a $1.25 million settlement under the Federal Tort Claims Act.
Following the shelving of a proposed $1.8 billion "weaponization" fund, allies of President Donald Trump are now exploring the Federal Tort Claims Act (FTCA) as an alternative mechanism to provide compensation to supporters, including those involved in the January 6, 2021, Capitol riot. The FTCA, enacted in 1946, permits individuals to file administrative claims and subsequent lawsuits against the U.S. government for alleged wrongdoing, which can lead to out-of-court settlements.
Stanley Woodward, a Justice Department official, confirmed that the proposed fund is "dead" but indicated that individuals can still pursue claims against the government. Trump has consistently voiced support for compensating his allies, whom he characterizes as victims of a "weaponized" government under the Biden administration. The initial "anti-weaponization" fund, intended as part of a settlement for Trump's lawsuit against the IRS, faced significant opposition from Republicans in Congress, who criticized it as a taxpayer-funded reward for supporters.
Conservative lawyers have discussed the FTCA strategy in detail, including at a recent Republican National Convention strategy session. Michael Caputo, a Trump ally involved in "anti-weaponization" efforts, noted that discussions about compensating victims have been ongoing since October 2023. Patrick Jaicomo, an attorney specializing in FTCA cases, described the act as a "logistically feasible method" offering government flexibility. Hundreds of January 6 defendants have already filed FTCA claims, with at least 10 initiating lawsuits, though they argue the alleged wrongdoing constitutes ongoing harm to extend the typical two-year filing window.
High-profile Trump allies have previously received settlements under the FTCA, such as Michael Flynn, who secured $1.25 million. Attorney Peter Ticktin stated his firm represents over 400 Capitol riot participants who have filed FTCA claims, expressing hope for settlements but also preparing to file hundreds of lawsuits if necessary. The administrative process involves filing an SF-95 form, and if the government does not settle, claimants can proceed to court.