The Justice Department’s Judgment Fund Can Be Used To Settle Claims Against The Government
Even after the Trump administration backed away from a proposed $1.776 billion “anti-weaponization” fund, the Justice Department may still have another way to pay Jan. 6 rioters and other Trump allies who bring claims against the federal government.
That path is the DOJ Judgment Fund, an existing government mechanism used to settle legal claims made against the United States.
Acting Attorney General Todd Blanche told Congress this week that the Justice Department was “not moving forward” with the proposed anti-weaponization fund after congressional Republicans declined to advance the plan as part of a bill tied to ICE and Border Patrol funding.
The fund had drawn immediate scrutiny because it emerged from an unusual agreement in which President Donald Trump said he would drop lawsuits against the government in exchange for its creation.
Critics called the proposal a political “slush fund” that could reward Trump allies, Jan. 6 defendants and others who claim they were unfairly targeted by the Biden administration.
The development comes as the Senate passed legislation early Friday morning to fund President Donald Trump’s immigration enforcement agencies after weeks of delays.
The bill had faced fierce backlash over an unrelated $1.776 billion settlement fund that critics said could be used to compensate Jan. 6 defendants and other Trump allies. That controversy threatened to derail the broader immigration enforcement package before lawmakers moved forward without advancing the proposed “anti-weaponization” fund.
The anti-weaponization fund would have created a new commission of five people to review claims. Those commission members could have been fired by Trump at will.
Without that new fund, people seeking compensation can still file lawsuits or formal claims against the government under the current legal process.
That is where the DOJ Judgment Fund comes in.
The fund is used to pay certain settlements and judgments against the federal government without requiring Congress to approve each individual payout. The Treasury Department has described it as a way to remove the burden of seeking a separate congressional appropriation for every judgment.
Critics have warned for years that the Judgment Fund could be misused by the executive branch. Former Justice Department official Paul Figley, now a law professor at American University, warned in a 2015 law review article that the fund was vulnerable to abuse unless Congress changed how the money is distributed.
Lawsuits Challenge The Anti-Weaponization Fund
A federal judge in the Eastern District of Virginia has already temporarily blocked the proposed anti-weaponization fund. The Justice Department must explain its current position to the court by the close of business Friday, with a hearing scheduled for June 12.
At least four other lawsuits are also pending, including one filed by officers who defended the U.S. Capitol during the Jan. 6 attack.
Sens. Cory Booker, D-N.J., and Bill Cassidy, R-La., filed a brief Thursday arguing that the anti-weaponization fund would bypass Congress and weaken its constitutional authority.
Democracy Forward President and CEO Skye Perryman, whose group filed one of the lawsuits, said the bipartisan criticism showed the stakes of the case.
The lawmakers, she said, understand that the fund could allow the executive branch to distribute public money through a political rewards program while weakening checks and balances.
Trump Calls The Fund ‘A Beautiful Thing’
Trump said Wednesday that he did not know whether the anti-weaponization fund was dead or simply on hold. He called the proposal “a beautiful thing” and said he believed it was “so important.”
The Trump administration has already settled some claims tied to Jan. 6.
The family of Ashli Babbitt, who was shot and killed after climbing through a broken window near the House Speaker’s Lobby during the Capitol attack, received just under $5 million to settle a lawsuit.
Trump allies Mike Flynn and Carter Page have also received payouts.
Associate Attorney General Stanley Woodward, the No. 3 official at the Justice Department, said last month that he already has authority “to settle any claim that is brought against the United States of America.”
Woodward argued that the proposed anti-weaponization fund would have added more oversight because five people, rather than one, would review claims.
“I frankly think that we should be ecstatic about the idea that we are going to inject more accountability into the process,” Woodward said.
Woodward also said he would not sign off on settlements involving former clients. His former clients include Trump counselor Peter Navarro, FBI Director Kash Patel, Dan Scavino and several Jan. 6 defendants.
Jan. 6 Defendants Are Already Seeking Compensation
Sen. Lindsey Graham, R-N.C., wrote on X that people he described as victims of the “weaponized Biden Justice Department” should have a way to prove their claims and seek compensation.
At the same time, Graham said the legal system already has a process for claims against the government and “does not need to be reinvented.”
Ed Martin, a Justice Department official and longtime advocate for Jan. 6 defendants, reportedly told a Republican ally earlier this year that Capitol riot defendants would receive “millions,” even if it took until 2028.
Hundreds of Jan. 6 defendants have already signed up with attorneys to seek compensation from the Justice Department. Nine Jan. 6 participants filed a lawsuit this week seeking more than $1 million each for alleged injuries and losses connected to the Jan. 6, 2021, attack.
