CREW requests records on January 6-related Federal Tort Claims Act claims 

CREW has requested documents from the Department of Justice (DOJ) in relation to Federal Tort Claims Act (FTCA) claims that were submitted by January 6 defendants who received a pardon or commutation from President Trump. In addition, CREW is requesting DOJ records related to any FTCA claims filed by President Trump, including claims in which he reportedly is seeking $230 million in damages for purported violations of his rights in the course of investigating his potentially criminal conduct. 

The FTCA allows individuals to sue the federal government for money damages to compensate for harms caused by government activity, though individuals must first file an administrative claim for damages with the relevant agency. At least five prominent January 6 defendants have filed lawsuits against the government, raising the possibility that other January 6 defendants might have filed FTCA administrative claims seeking damages for the government’s conduct while prosecuting them. Additionally, President Trump’s multiple FTCA claims raise questions about potential conflicts of interest and call into question the DOJ’s ability to impartially adjudicate President Trump’s claims.

The DOJ’s potential settlement with the president has already drawn national attention, underscoring public concern about corruption within the executive branch and the erosion of DOJ independence. These requested records will help the public understand the legitimacy of President Trump’s and January 6 defendants’ claims and cast a light on the integrity of the DOJ. The American public, whose rights the January 6 attackers sought to take away by trying to overturn the 2020 presidential election results, deserve to know whether any January 6 defendant is now seeking taxpayer funds. This information is especially important given President Trump’s role in inciting the attack, his public defense and then pardon of the attackers, and his pursuit of $230 million for himself in response to the government’s investigation into his own potentially criminal activity.  

Photo of DOJ by Ajay Suresh under Creative Commons license