Obscure Federal Process Utilized by January 6 Defendants
Defendants connected to the January 6 Capitol events are reportedly pursuing substantial monetary compensation from the government through an unconventional federal mechanism. This process, known as the Federal Tort Claims Act (FTCA), allows individuals to file claims for damages against the government, and in this context, it is being used by those who were involved in the January 6 events, including some who assaulted police officers.
Justice Department's Discretion and Potential Implications
A key aspect of the FTCA is the extensive discretion afforded to the Department of Justice (DoJ) regarding the settlement of these claims. The DoJ holds complete and unchecked authority over whether to approve or deny such compensation requests. This level of discretion has raised concerns, particularly in light of a previous proposal for a “slush fund” by the Trump administration aimed at compensating January 6 defendants. While that specific fund was reportedly scrapped, the FTCA could potentially serve as an alternative avenue for the administration to provide financial awards to individuals involved in the January 6 violence.
Funding Source and Pardons
Any compensation awarded through these FTCA claims would be drawn from the judgment fund, a perpetual appropriation established by Congress. This is the same financial resource that the Trump administration's proposed $1.8 billion “anti-weaponization fund” was intended to utilize. It has also been noted that all defendants currently seeking compensation through this process have previously received pardons from former President Trump.
Source: Original Article