Pro-Trump protesters who stormed the US Capitol on January 6, 2021, including those convicted of assaulting police officers, are pursuing millions of dollars in compensation through an obscure federal process. The claims are filed under the Federal Tort Claims Act (FTCA), which allows individuals to seek damages from the government for wrongful actions. The Justice Department has full discretion to settle these claims, potentially using the judgment fund—a perpetual appropriation from Congress—that was also intended for Trump's now-scrapped $1.8 billion slush fund.
FTCA Claims as an Alternative to the Slush Fund
The Trump administration faced bipartisan backlash over its proposed "anti-weaponization fund," which would have compensated January 6 defendants. After that plan stalled, FTCA claims emerged as an alternative. Rupa Bhattacharyya, a former Justice Department official, warned that the judgment fund could become a "slush fund" if used to settle dubious claims. The Justice Department already settled FTCA claims from Michael Flynn and Carter Page for $1.25 million each earlier this year.
Notable Defendants Seeking Compensation
Among the claimants are Kenneth Joseph Thomas, sentenced to nearly five years for assaulting police, and John George Todd III, sentenced to five years for injuring a Capitol officer. Both seek at least $1 million each in a lawsuit filed in Washington DC. Andrew Taake, sentenced to six years for using bear spray and a whip-like weapon on officers, is seeking at least $2.5 million. Their lawyers argue unfair prosecution, inadequate medical treatment, and biased trials.
Legal Experts Doubt Validity of Claims
Bhattacharyya believes the Justice Department can defend against these "malicious prosecution" claims, noting that most defendants were indicted by grand juries and convicted or pleaded guilty. Mark McCloskey, an attorney for many defendants, contends that guilty pleas were coerced or trials unfair, though no evidence supports such claims. The Trump administration is already seeking to dismiss Taake's lawsuit.
Bipartisan Opposition to Payouts
Republicans like Senator Josh Hawley and Representative Nick LaLota have opposed compensating those who assaulted police. Senator Adam Schiff introduced legislation to bar anyone convicted of January 6-related offenses from receiving federal payouts, including through the FTCA. The bill would also prohibit pardoned individuals from eligibility.
