WASHINGTON — A pair of law enforcement officers who protected the U.S. Capitol during the January 6, 2021 attack have filed a federal lawsuit seeking to prevent anyone, including the rioters themselves, from collecting money from a newly established $1.776 billion settlement fund intended for individuals claiming to be victims of politically motivated prosecutions.
The legal action was filed Wednesday, one day after Acting Attorney General Todd Blanche testified before Congress about the fund’s establishment. Blanche, who previously served as President Donald Trump’s personal lawyer before joining the Justice Department, declined to rule out the possibility that individuals who attacked police during the January 6 riot could qualify for payments from the fund.
In their legal filing, the officers characterize the government’s “Anti-Weaponization Fund” as an unlawful slush fund that Trump intends to use to “finance the insurrectionists and paramilitary groups that commit violence in his name.” The lawsuit characterizes the fund’s establishment as “the most brazen act of presidential corruption this century” and demands its elimination.
“No statute authorizes its creation, the settlement on which it is premised is a corrupt sham, and its design violates the Constitution and federal law,” the suit says.
The fund originates from a settlement related to Trump’s $10 billion legal action against the Internal Revenue Service concerning the disclosure of his tax documents. Its purpose is to provide compensation to individuals who believe they faced unfair treatment from previous administrations’ Justice Department. A five-member panel selected by the attorney general will determine payment distributions.
The Capitol riot resulted in injuries to more than 100 law enforcement officers. Prosecutors brought charges against over 1,600 individuals for January 6-related offenses, though Trump eliminated all of these cases through comprehensive pardons last year.
The legal challenge comes from Metropolitan Police Department officer Daniel Hodges and former U.S. Capitol Police officer Harry Dunn, who is running in Maryland for a seat in Congress. Both Hodges and Dunn provided congressional testimony about their traumatic January 6 experiences. Video footage showed a rioter removing Hodges’ mask while he was trapped against a door during fighting over a tunnel entrance.
The officers argue the fund “encourages those who enacted violence in the President’s name to continue to do so.”
“Dunn and Hodges already face credible threats of death and violence on regular basis; the Fund substantially increases the danger,” the suit alleges.
During Tuesday’s congressional hearing, lawmakers questioned Blanche extensively about the fund. He characterized it as “unusual” but not unprecedented. Blanche failed to acknowledge that Trump’s Justice Department has investigated and prosecuted some of the Republican president’s political enemies, including former FBI Director James Comey and New York Attorney General Letitia James.
The lawsuit also names Blanche and Treasury Secretary Scott Bessent as defendants. Representatives from the Justice and Treasury departments did not immediately provide responses to requests for comment regarding the legal action.
Brendan Ballou, a former Justice Department prosecutor who worked on Jan. 6 cases, represents the officers as one of their attorneys.
