DOJ Seeks Dismissal of Jan. 6 FTCA Class Action Amid Funding Controversy

The Justice Department filed a motion to dismiss a class action brought by 35 Jan. 6 defendants who allege “excessive police force.” In the filing, the department argued that the Federal Tort Claims Act (FTCA) requires a claim to be filed within two years of the injury and that plaintiffs must first exhaust administrative remedies. Because the earliest claim was dated July 29, 2025—well beyond the two-year deadline that expired on January 6, 2023—the department said all claims are “forever barred.” The filing also noted that many of the submitted forms were incomplete, lacking signatures or supporting documentation.

KTVT - Dallas - Fort Worth NewsRaw StoryCitizens for Responsibility and Ethics in Washington (CREW)

Under the FTCA, the Treasury Department pays approved settlements from its Judgment Fund and must disclose claimant names and case facts. In May 2026, a $1.776 billion “anti-weaponization” fund was created to compensate individuals who claim wrongful prosecution, including Jan. 6 defendants. The fund drew backlash and was rescinded by Acting Attorney General Todd Blanche, who also ordered the termination of a prior $1.8 billion anti-weaponization allocation. Despite the rescission, Treasury continues to process FTCA settlements, such as a $1.25 million payment to former National Security Adviser Michael Flynn, raising questions about transparency.

Citizens for Responsibility and Ethics in Washington (CREW)

Acting Attorney General Blanche’s order rescinding the $1.8 billion fund did not contain language barring restitution to convicted participants.

Citizens for Responsibility and Ethics in Washington (CREW)

Advocacy group Citizens for Responsibility and Ethics (CREW) contends that the Treasury’s opaque reporting violates a bipartisan law requiring disclosure of Judgment Fund payments. CREW argues that the administration is using the Judgment Fund to channel money to political allies while keeping the public in the dark.

Citizens for Responsibility and Ethics in Washington (CREW)

• “Taxpayers deserve to know where their money is going and why, especially if it’s going to the president’s cronies,” — CREW President

Citizens for Responsibility and Ethics in Washington (CREW)

• “Even if President Trump’s slush fund is nominally dead—something that still remains in doubt despite Acting Attorney General Blanche’s rescission of the DOJ’s order—his administration is apparently ok with using the Judgment Fund in its place,” — Donald K. Sherman, president and CEO

Citizens for Responsibility and Ethics in Washington (CREW)