2 officers in Jan. 6 riot sue to block DOJ

In a significant legal move, two officers who stood their ground during the notorious assault on the U.S. Capitol on January 6, 2021, have initiated a lawsuit to halt the establishment of a $1.7 billion fund by the Trump administration. This fund, termed the “anti-weaponization fund,” was recently introduced following a settlement between former President Trump and the federal government.

The legal action, brought forth in the federal court of the District of Columbia, involves retired U.S. Capitol Police officer Harry Dunn and Metropolitan Police Department officer Daniel Hodges. Their lawsuit contends that the formation of this fund is unlawful and demands that any financial transfers made by the Treasury Department to the Justice Department for its implementation be reversed.

Dunn and Hodges were among the brave officers who defended the Capitol as a violent mob of Trump supporters sought to disrupt the certification of the Electoral College results on that fateful January day. The fund, unveiled by the Justice Department at the start of the week, aims to establish a structured process to hear and address claims of individuals alleging they were victims of government weaponization, according to a statement by Acting Attorney General Todd Blanche.

This announcement has spurred a flurry of activity among lawyers representing clients who believe they have been targeted by governmental actions. Many are now eager to secure financial compensation from the fund.

Notably, individuals involved in the January 6 events, including those who committed severe acts of violence but were later pardoned by Trump, might be eligible to seek payments. Additionally, prominent figures from the former Trump administration and his campaign, who previously brought lawsuits against the Justice Department and later settled, may also qualify for these financial benefits.

Jan. 6 rioters — including those convicted of the most violent behavior during the attack but later pardoned by Mr. Trump — could likely apply for payouts. High-profile former Trump administration and campaign officials who sued the Justice Department before reaching their own settlement agreements may also be eligible to receive payments from the fund. 

Neither Blanche nor the White House has said outright that they would oppose payouts from the fund to those convicted — and since pardoned — of assaulting law enforcement officers. The Justice Department has not disclosed any criteria regarding who would be eligible for a settlement or whether there would be a cap on the amount of money they could receive. Blanche said at a Senate hearing this week that the five-member commission that will make up the fund’s board would supply that information. 

“By creating the Anti-Weaponization Fund, funding it, and authorizing claim criteria that will allow it to make payments to, among others, Proud Boys and January 6 rioters, Defendants have inflicted concrete and cognizable harms on Plaintiffs Dunn and Hodges,” the officers argued in their complaint. “The Fund’s mere existence sends a clear and chilling message: those who enact violence in President Trump’s name will not just avoid punishment, they will be rewarded with riches.”

“This Fund creates enormous physical dangers for Officers Dunn and Hodges, who risked their lives on January 6, 2021, and who continue to do so by refusing to let that day be forgotten,” wrote Public Integrity Project founder Brendan Ballou, who represents the officers. “The Fund is stunningly, blindingly illegal, and the defendants must be prohibited from transferring money to this corrupt and illegal monstrosity.”

The settlement stemmed from a $10 billion lawsuit filed earlier this year in federal court by Mr. Trump, who accused the agencies of unlawfully allowing a government contractor to leak his tax returns and those of his sons and his company. He alleged the government’s mishandling led to the improper disclosure of the tax documents to media outlets in 2020. His sons, Eric Trump and Donald Trump Jr., and the Trump Organization were also plaintiffs in the suit.  

Mr. Trump and his legal team also agreed to drop their administrative claims against the Justice Department after he asked the government to pay him about $230 million to settle two federal damage claims over investigations targeting him during his first administration or the Biden administration, the department said. 

The settlement also permanently bars the IRS from pursuing claims against Mr. Trump or his company based on prior tax returns. 

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