Officers Sue to Prevent Capitol Rioters from Accessing Settlement Fund

Two police officers, involved in defending the U.S. Capitol during the January 6 attack, filed a lawsuit on Wednesday. They aim to prevent anyone, including the rioters, from accessing a newly established settlement fund totaling $1.776 billion. This fund is intended for individuals claiming to be victims of politically motivated prosecutions.

The lawsuit was filed a day after Acting Attorney General Todd Blanche defended the creation of the fund during a congressional hearing. Previously, Blanche served as a personal attorney for former President Donald Trump before joining the Justice Department. During the hearing, Blanche did not discount the possibility of January 6 rioters receiving payouts from the fund.

The officers’ lawsuit argues that the “Anti-Weaponization Fund” is illegitimate. They assert that it serves as a financial tool for Trump to support insurrectionists and paramilitary groups. The suit criticizes the fund’s creation as a significant act of presidential corruption. It calls for the dissolution of the fund, stating that its creation lacks statutory authorization, relies on a corrupt settlement, and violates constitutional and federal law.

The fund was established following the settlement of Trump’s $10 billion lawsuit against the IRS, concerning the leak of his tax returns. Its purpose is to compensate individuals who claim mistreatment by previous Justice Department administrations. Decisions regarding payouts will be determined by a five-member commission appointed by the attorney general.

More than 100 police officers sustained injuries during the Capitol riot. Nearly 1,600 people faced charges related to the January 6 events. However, Trump used his power to pardon all those cases last year. The officers involved in the lawsuit are Metropolitan Police Department officer Daniel Hodges and former U.S. Capitol Police officer Harry Dunn, who is currently running for Congress in Maryland. Both officers testified before Congress, describing their experiences during the riot. Footage exists of Hodges having his mask ripped off by a rioter and being pinned against a door during the event.

The officers allege that the fund encourages further violence from individuals acting in Trump’s name. They express concerns over increased threats of death and violence, exacerbated by the fund.

A commission will be responsible for determining who receives payment and the amounts involved. Members of the commission will be selected by Blanche, though details about this are yet to be finalized. During a CNN interview, Blanche highlighted the need for the commission to consider personal actions when making payout decisions. Despite backlash, Blanche dismissed criticism of the fund as “fake outrage.”

Blanche, along with Treasury Secretary Scott Bessent, are defendants in the officers’ lawsuit. Representatives from the Justice and Treasury departments have not commented on the lawsuit.

Brendan Ballou, a former Justice Department prosecutor who dealt with January 6 cases, is one of the attorneys representing the officers.