Trump Administration Faces FTCA Claims from Jan. 6 Defendants

January 6 defendants who assaulted Capitol Police are filing claims under the Federal Tort Claims Act (FTCA) to seek monetary damages from the federal government. The FTCA permits individuals who allege “wrongful” government actions to sue for compensation, and the Justice Department holds discretionary authority to approve settlements. Plaintiffs argue that their prosecutions constitute “malicious prosecution” and that they are entitled to recovery from the judgment fund, a perpetual appropriation originally intended to settle imminent government liabilities.

The Guardian

The judgment fund, created by Congress, was the source of a proposed $1.8 billion “anti-weaponization” fund that the Trump administration announced after settling a $10 billion tax-return lawsuit with the IRS. The anti-weaponization fund was placed on hold following bipartisan criticism that it could reward individuals who harmed law-enforcement officers. All Jan. 6 defendants pursuing FTCA claims have received presidential pardons from Donald Trump, removing criminal penalties but not necessarily precluding civil claims.

The Guardian

Florida attorney Peter Ticktin, a longtime Trump associate, has filed roughly 400 FTCA claims on behalf of Jan. 6 defendants. Missouri attorney Mark McCloskey, representing many of the same clients, argues that the FTCA offers a “statute with teeth” compared with the loosely defined anti-weaponization fund. Notable plaintiffs include Kenneth Joseph Thomas (Ohio), John George Todd III (Missouri), and Andrew Taake (Texas), each seeking multi-million-dollar recoveries based on alleged inadequate medical care, coerced confessions, and unfair trials.

The Guardian

• Approximately 400 FTCA claims filed by Ticktin’s firm.

The Guardian

• Nine plaintiffs filed a May 29 suit in Washington, D.C., each demanding at least $1 million; Taake seeks $2.5 million.

The Guardian

• The Justice Department previously settled FTCA claims by Michael Flynn and Carter Page for $1.25 million each.

The Guardian

• The anti-weaponization fund was slated at $1.8 billion, later frozen.

The Guardian

The Justice Department has not defended the administration’s $10 billion IRS lawsuit and has indicated that many malicious-prosecution claims are “eminently defensible.” A February memorandum from a Washington federal prosecutor recommended dismissing several FTCA suits for procedural deficiencies, such as failing to name proper defendants. The department retains full discretion to approve or reject settlements from the judgment fund.

The Guardian

Republican senators and representatives, including Josh Hawley (MO) and Nick LaLota (NY), have warned that payouts to individuals convicted of assaulting police would be inappropriate. Democratic Senator Adam Schiff introduced legislation to amend the FTCA, explicitly barring pardoned Jan. 6 participants from receiving compensation. Critics contend that the claims amount to a “slush fund” for political allies.

The Guardian

Proponents claim the FTCA provides a lawful avenue for redress, while opponents argue that the defendants were lawfully convicted and that the claims constitute “bogus” attempts to profit from criminal conduct. The Justice Department’s willingness to settle some FTCA claims contrasts with its recommendation to dismiss others, highlighting procedural ambiguities.

The Guardian

• “If you’ve been convicted of assault on a cop ... doesn’t seem to me like people who are victims,” — Josh Hawley, Republican senator, Missouri

The Guardian

• “It risks turning the judgment fund into exactly the sort of slush fund that the ‘anti-weaponization’ was going to be,” — Rupa Bhattacharyya, former Justice Department civil-division director, Georgetown Law

The Guardian

• “The weaponization fund, for the brief fleeting moment which it allegedly existed, had no policies, procedures, or anything that would indicate what kind of evidence they would have required, what kind of format of a filing they would have required, or anything like that,” — Mark McCloskey, Missouri attorney

The Guardian

• “The concern my constituents and I have is that money possibly going to folks who hit cops,” — Nick LaLota, Republican congressman, New York

The Guardian

• “President Donald Trump still wants to pay off violent insurrectionists who attacked police officers on January 6th, despite any claims from members of his administration that say otherwise,” — Adam Schiff, Democratic senator, California

The Guardian

Schiff’s amendment to the FTCA could prevent pardoned Jan. 6 participants from receiving any judgment-fund payouts. The outcome of pending FTCA suits will depend on the Justice Department’s settlement decisions and potential congressional action to restrict eligibility.

The Guardian