Jan 6 Pardoned Individuals File Claims for Millions, Sparking Legal and Political Firestorm
WASHINGTON D.C. – In a stunning development that’s sending ripples through Washington, nearly 400 individuals pardoned by former President Donald Trump in connection with the January 6, 2021, attack on the U.S. Capitol are now seeking millions of dollars in compensation from the federal government. The claims, spearheaded by attorney Mark McCloskey, allege damages stemming from their arrest, prosecution, and, in many cases, incarceration. This is breaking news with significant implications for both legal precedent and the ongoing political narrative surrounding the events of that day. This story is optimized for Google News and SEO to ensure rapid indexing and visibility.
From Capitol Breach to Court Claims: A Growing Wave of Litigation
McCloskey, known for his own highly publicized legal battles after confronting protesters in St. Louis, personally delivered hundreds of claims to the Justice Department on Wednesday, reportedly using a cart with five bank tellers to transport the paperwork. While the specific amounts vary, most claimants are seeking between $1 million and $10 million, citing lost wages, damage to professional reputations, and emotional distress. This isn’t an isolated incident; the Justice Department is already engaged in settlement talks with high-profile Trump allies Michael Flynn and Stefan Passantino regarding similar claims.
The timing of these claims is particularly noteworthy, coming after Trump’s sweeping pardons granted to over 1,500 individuals involved in the January 6th riot. Trump himself has suggested the Justice Department owes him a substantial sum, potentially for investigations into his own conduct, hinting at charitable donations or White House renovations should he receive funds. He reportedly filed administrative claims seeking $230 million related to those investigations.
The Legal Landscape: Tort Claims and Sovereign Immunity
Understanding the legal basis for these claims requires a look at the Federal Tort Claims Act (FTCA). While the U.S. government generally enjoys immunity from lawsuits, exceptions exist for claims of personal injury or property damage. Individuals can pursue claims under the FTCA, known as Standard Form 95 (SF 95), if their claim is denied or not addressed within six months. However, legal experts caution that success isn’t guaranteed.
“Just because someone was pardoned, that doesn’t mean at all that there wasn’t a basis for impeachment,” explains Mary McCord, a former Justice Department official and current director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. She emphasizes that a pardon doesn’t negate the original legal justification for the charges. Paul Figley, a former senior official handling tort claims at the Justice Department, agrees, stating that a pardon shouldn’t automatically disqualify a claim if it otherwise meets the legal requirements.
Beyond January 6th: A Pattern of Seeking Funds
This surge in claims isn’t limited to those directly involved in the Capitol riot. The family of Ashley Babbitt, who was fatally shot by a police officer during the January 6th events, recently received a nearly $5 million settlement from the U.S. government. This pattern suggests a broader strategy among Trump supporters and allies to seek financial redress from the government, potentially setting a precedent for future claims. It also raises questions about the long-term financial burden on taxpayers.
Evergreen Context: Understanding the Federal Tort Claims Act
The Federal Tort Claims Act, enacted in 1948, was designed to allow individuals to sue the federal government for negligent or wrongful acts of its employees. Before the FTCA, it was nearly impossible to hold the government accountable for harm caused by its actions. The Act provides a specific process for filing claims, including a requirement to first present the claim to the relevant federal agency. Understanding the FTCA is crucial for anyone considering legal action against the federal government, regardless of the circumstances. It’s a complex area of law, often requiring the assistance of experienced legal counsel.
McCloskey remains optimistic, citing Trump’s continued support for those involved in the January 6th events. He believes the sheer volume of claims filed on Wednesday will force the Justice Department to take notice. The Department of Justice and the White House have so far declined to comment on the matter, leaving the future of these claims uncertain. The unfolding situation promises to be a significant test of the legal system and a continuing source of political contention.
As this story develops, Archyde will continue to provide comprehensive coverage, offering insightful analysis and updates on the legal and political ramifications. Stay tuned for further developments and expert commentary on this evolving situation.
