The Trump administration is considering alternative methods to compensate individuals involved in the January 6, 2026, Capitol riot. Even though the controversial ‘anti-weaponization’ fund has been put on hold, the Department of Justice (DOJ) has other avenues to explore for settlements.
Acting Attorney General Todd Blanche recently informed Congress that the DOJ would not proceed with the $1.776 billion ‘anti-weaponization’ fund. This decision came after significant backlash from congressional Republicans and a temporary court block on the fund. Despite this setback, the administration is looking into existing mechanisms to provide compensation.
The DOJ’s Judgment Fund: A Potential Solution
The DOJ’s Judgment Fund could serve as an alternative to the halted ‘anti-weaponization’ fund. This fund is designed to settle legal claims against the government without requiring congressional approval for each payout. Critics have long warned about the potential for abuse of this fund, as it provides a significant amount of discretion to the executive branch.
Former Justice Department official Paul Figley, now a law professor at American University, highlighted the risks associated with the Judgment Fund. He argued that it could be misused by the executive branch, emphasizing the need for congressional oversight to prevent abuse.
Previous Settlements and Future Claims
The Trump administration has already made settlements with some individuals involved in the January 6 riot. Notably, the family of Ashli Babbitt, who was fatally shot during the riot, received nearly $5 million in a settlement. Additionally, Trump allies Mike Flynn and Carter Page have also received payouts.
Defense attorney Stanley Woodward, the No. 3 official at the DOJ, asserted that the department already has the authority to settle claims brought against the United States. He argued that the ‘anti-weaponization’ fund would have added more accountability to the process by involving a commission of five reviewers. Woodward also mentioned that officials are trying to address what they perceive as the ‘weaponization’ of the justice system during the previous administration.
Legal Pathways for Jan. 6 Defendants
Jan. 6 defendants are exploring various legal pathways to seek compensation. Under federal law, individuals who allege harm by the federal government can apply for payouts under the Federal Tort Claims Act. If the government does not respond to these claims within six months, individuals can file lawsuits seeking damages.
Peter Ticktin, a lawyer representing hundreds of Jan. 6 defendants, has already filed claims for approximately 200 clients. He expressed optimism that the Trump administration will be more receptive to these claims going forward. Ticktin’s lawsuit, filed last week in U.S. District Court in Washington, D.C., seeks damages of at least $1 million for each of the nine plaintiffs.
The plaintiffs allege that they were wrongly and vindictively prosecuted, claiming a wide range of misconduct. This legal strategy highlights the ongoing efforts by Jan. 6 defendants to seek compensation and redress for their actions and subsequent legal troubles.
