Full Breakdown
Jan. 6 Defendants Turn to Federal Tort Claims Act to Seek Government Payments
8/28/2026, 6:05:16 AM
New Legal Strategy for Jan. 6 Defendants
After the Justice Department halted the controversial anti-weaponization fund, a group of Jan. 6 defendants have begun filing claims under the Federal Tort Claims Act (FTCA). Attorney Peter Ticktin, representing several defendants, argues that the government’s actions have ruined their businesses, prevented travel, and caused ongoing personal harm, justifying compensation.
Legal Basis and Claim Process
The FTCA, enacted in the 1940s, permits individuals to sue the federal government for alleged wrongdoing. Claimants submit a two-page SF-95 form detailing injuries or losses; the government then has six months to settle. If no settlement occurs, plaintiffs may file a lawsuit in federal court. The Department of Justice can also settle claims without court involvement.
Recent Filings and Potential Payouts
Ticktin disclosed a filing earlier this week seeking up to $1 million per plaintiff. He indicated plans to submit as many as 400 separate claims on behalf of 400 Jan. 6 defendants. The attorney expressed confidence that Attorney General Blanche would treat the claims fairly, despite the fund’s suspension.
Government Response and Statute-of-Limitations Issue
A federal court in Florida recently dismissed similar claims, noting they were filed well beyond the two-year window that the FTCA requires. Ticktin counters that an alleged “continuing conspiracy” by the government extends the harm past the statutory period, a contention the courts have yet to address.
Outlook and Potential Challenges
Even if the Department of Justice opts to settle, the sheer number of claims and the disputed limitation period create legal uncertainty. Critics argue the strategy seeks to bypass the abandoned anti-weaponization fund, while supporters claim it is a legitimate avenue for redress that predates the fund’s creation. The ultimate success of these FTCA filings will depend on how courts interpret the alleged ongoing harm and the government’s willingness to settle.
