
AI-generated summary
Trump pardoned over 1,500 Jan. 6 defendants. DOJ previously denied FOIA requests about settlement plans. Federal Tort Claims Act allows claims against the government via the Judgment Fund.
Donald Trumpâs administration insists that a compensation fund for pardoned January 6 rioters is dead for good, but the Department of Justice has refused to say whether government lawyers are working on backdoor plans for taxpayer-funded payouts.
The Justice Department has denied several Freedom of Information Act requests filed by a nonprofit watchdog group, according to a newly filed federal lawsuit. The group is now asking a judge to intervene to force the government to answer.
Citizens for Responsibility and Ethics in Washington wants to know whether the Justice Department is working on settlement deals with pardoned rioters after hundreds of members of the mob filed lawsuits against the government âseeking millions of dollars for what they claim are injuries incurred during the investigation and prosecution of their federal crimes,â according to the lawsuit.
Theyâre all suing under the Federal Tort Claims Act, which taps into the governmentâs permanent Judgment Fund used to pay court judgments and other settlements involving the federal government.
âWhile the status of the slush fund is unclear, the DOJ and other Trump administration officials have assured President Trumpâs allies, in the face of pushback on the slush fund, that the DOJâs plans to pay January 6 Defendants through the alternate means of the [Federal Tort Claims Act] remain on track,â the lawsuit says.
The administration abandoned plans, at least for now, for a nearly $1.8 billion âAnti-Weaponization Fundâ to reward the presidentâs political allies.
As an apparent condition to win the votes of skeptical Senate Republicans, Attorney General Todd Blanche conceded that those plans have been ârescinded and shall have no force or effect.â
But Republican lawmakers and top Justice Department officials have suggested that the government has alternate plans to funnel millions of dollars to the presidentâs aggrieved allies, including the hundreds of people charged and convicted in connection with the Capitol assault.
Attorney Peter Ticktin, who represents hundreds of January 6 defendants, has said he has already filed claims for approximately 200 clients.
According to Mark McCloskey, an attorney representing many January 6 defendants, most are seeking â$1 million to $10 millionâ for their alleged injuries.
Earlier this year, the late Sen. Lindsey Graham wrote that âvictimsâ of Joe Bidenâs administration should still be able to collect checks if they âcan prove their claim against the federal governmentâ through the Federal Tort Claims Act.
âWe have a legal system already in place for people to make claims against the government,â he wrote on X at the time. âThat does not need to be reinvented.â
In response to Graham, Associate Attorney General Stanley Woodward wrote: âWeâre on it.â
Woodward later deleted the post.
Woodward told reporters at a news conference that the Justice Department has the ability âto settle any claim that is brought against the United States of America.â
The Judgment Fund is intended to âeliminate the procedural burdens involved in getting an appropriation from Congress to pay a particular judgment,â according to the Department of Treasury.
The Trump administration has already tapped into the fund to settle other multi-million dollar Federal Tort Claims Act claims from his supporters and allies since returning to office, including to pay the family of Ashli Babbitt nearly $5 million.
The Independent has requested comment from the Justice Department.
Hours after his inauguration last year, Trump granted clemency to more than 1,500 people who were charged or convicted in connection with the Capitol attack on January 6, 2021. Hundreds of defendants pleaded guilty to crimes in connection with the attack, and more than 200 others were found guilty at trial.
The president has said he âlovesâ the idea of the "Anti-Weaponization Fund."
âItâs dead, but you know, I wish it werenât,â he told reporters at Camp David in July. âIâd like to see them compensated.â
In June, he told NBCâs Meet the Press that he wouldnât be âinclinedâ to approve taxpayer-funded payouts to January 6 rioters who attacked police officers, but he hasnât ruled it out.
He claimed that hundreds of defendants pleaded guilty because they were âfrightenedâ and that âdirty copsâ were at fault for the attack.

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