Key facts
- Donald Trump's allies are exploring the Federal Tort Claims Act (FTCA) to compensate supporters.
- The proposed $1.8 billion "weaponization" fund was abandoned by the Justice Department.
- The FTCA allows individuals to file claims against the U.S. government for alleged wrongdoing.
- Hundreds of January 6 Capitol riot participants have filed FTCA claims.
- Michael Flynn received a $1.25 million settlement under the FTCA.
Allies of Donald Trump are exploring the Federal Tort Claims Act (FTCA) as a potential mechanism to compensate his supporters, particularly those involved in the January 6, 2021, Capitol riot, following the abandonment of a proposed $1.8 billion "weaponization" fund. This shift comes after fierce opposition from Republicans in Congress to the initial fund, which critics derided as a taxpayer-funded reward for loyalists.
The FTCA, a 1946 law, permits individuals to file administrative claims and subsequent lawsuits against the U.S. government for alleged wrongdoing, with potential for out-of-court settlements. Stanley Woodward, a Justice Department official, confirmed that while the proposed fund is defunct, individuals can still pursue claims and lawsuits against the government.
Trump has consistently voiced support for compensating supporters he views as victims of a "weaponized" U.S. government under President Joe Biden. Conservative lawyers have debated the FTCA strategy, with some viewing it as the most logistically feasible method. Michael Caputo, a Trump ally involved in "anti-weaponization" efforts, indicated that discussions are ongoing to ensure victims are paid.
Hundreds of individuals prosecuted for their roles in the Capitol attack have already filed FTCA claims, and at least 10 have initiated lawsuits. Attorney Peter Ticktin stated his office represents over 400 January 6 participants who have filed such claims, seeking millions in restitution. Former national security adviser Michael Flynn previously received a $1.25 million settlement under the FTCA.
Legal experts note that FTCA claims typically must be filed within two years of an incident, though January 6 defendants are arguing their alleged harm is ongoing. If the government does not settle, claimants can proceed to file a lawsuit. Rupa Bhattacharyya, a former Justice Department official, commented that while settlements are usually based on a high risk of losing at trial, the department retains broad discretion.