DOJ can pay Jan. 6 rioters through existing tort claims channels, even without 'anti-weaponization' fund
The cancellation of the $1.776 billion 'anti-weaponization' fund (created May 18-19, 2025) does not end the Trump administration's ability to compensate January 6 defendants; existing channels like the Federal Tort Claims Act and the Judgment Fund allow DOJ to settle claims without new congressional approval, creating a diffuse but persistent end-run around the Appropriations Clause.
The Trump administration's creation of a $1.776 billion 'anti-weaponization' fund on May 18-19, 2026 was widely criticized as a blatant payoff to January 6 defendants and Trump allies. But the fund's cancellation—reported as a defeat—does not eliminate the underlying threat. The administration can still use the existing Judgment Fund (a perpetual Treasury appropriation) and the Federal Tort Claims Act process to pay out claims to individuals pardoned for insurrection-related crimes. As ABC News reported, at least one prominent Jan. 6 defense attorney plans to submit claims for approximately 400 clients using FTCA pathways. The DOJ's own May 18 announcement confirms that the fund would draw from the Judgment Fund, which remains available.
The danger is that this route requires no new legislation, is harder to trace, and can be used to reward political allies while evading public and congressional scrutiny. With the Civil Rights Division gutted (70% of its attorneys have left, per NPR) and ethics watchdogs sidelined, internal resistance to approving such settlements is minimal. The scheme violates the spirit of the Appropriations Clause and the Anti-Deficiency Act, but enforcement relies on courts and congressional oversight—both of which are under pressure. Lawsuits by Capitol Police officers and groups like Accountable.US may slow payments, but the administrative settlement process is diffuse and difficult to enjoin preemptively.
The humanitarian alternative
Congress should immediately pass legislation (1) expressly forbidding the use of any DOJ appropriations to compensate individuals convicted of or pardoned for offenses related to the January 6 attack on the Capitol, and (2) requiring public disclosure of all administrative settlements of $50,000 or more, including the legal basis and the identity of the recipient. Additionally, Congress should restore the Office of Professional Responsibility and the DOJ Office of the Inspector General to their pre-2025 funding levels and mandate a full audit of all settlements paid since January 20, 2025, to ensure no taxpayer funds were used to reward insurrectionists. This approach upholds the legitimate interest in settling meritorious tort claims while closing the loophole that allows political payoffs to masquerade as administrative justice.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- Within 90 days, the DOJ will approve at least one FTCA-settlement payout exceeding $100,000 to a Jan. 6 defendant, citing 'unlawful prosecution' or 'emotional distress' as the basis.
- A federal court will dismiss or deny a lawsuit challenging DOJ's authority to pay Jan. 6 defendants via FTCA settlements on standing or sovereign immunity grounds, within 6 months.
Grounded in
- DOJ official told GOP ally that big payouts were coming for Jan. 6 ...
- DOJ could still pay Jan. 6 rioters even without 'anti-weaponization ...
- DOJ sets up $1.8B 'anti-weaponization' fund after Trump drops IRS ...
- Justice Department Announces Anti-Weaponization Fund
- Justice Department announces a $1.7 billion 'Anti-Weaponization ...
- Jan. 6 defendants still eyeing payouts, despite scrapped $1.8B fund
Original source — excerpted
news DOJ could still pay Jan. 6 rioters even without ‘anti-weaponization’ fund"Even without the “anti-weaponization” fund, the Trump administration has the ability to give payouts to Jan. 6 rioters through an already existing mechanism..."