payouts

WASHINGTON — David Johnston was a licensed attorney when he illegally entered the U.S. Capitol with a mob of President Trump’s supporters on Jan. 6, 2021. More than five years later, the South Carolina man is offering to help fellow “J6ers” apply for payouts from the Trump administration’s nearly $1.8-billion fund for people claiming to be victims of a “weaponized” government.

He’ll do it for a 10% cut of any award, capped at $5,000 apiece.

“I think the narrative is changing” about how the history of that day is being told, Johnston said in a video he posted to social media. “I think good things are happening for us.”

Hundreds of Trump loyalists pleaded guilty to storming the Capitol, admitting under oath that they broke the law. Some were convicted of sedition, and many attacked police officers while trying to overturn Trump’s election loss. Now pardoned by Trump, many hope to capitalize on their crimes by tapping into the $1.776-billion settlement fund designed to compensate the president’s allies who claim they were politically prosecuted.

A bipartisan backlash to the fund and a legal roadblock have not dimmed the celebratory response from Jan. 6 rioters clamoring for a share of the taxpayer money. Some are staking claims even though the government has not established an application process and a judge has frozen the fund’s formation, at least temporarily.

Seeking payouts

The fund’s critics see it as another vehicle for Trump and his allies to whitewash the events of Jan. 6, retroactively justify the mob’s assault on a pillar of American democracy and reward some of Trump’s most loyal followers.

Jason Riddle, a military veteran from New Hampshire who was sentenced to 90 days behind bars after pleading guilty to riot charges, publicly rejected a pardon from Trump. Likewise, he said it would be “ridiculous” for him or any other Jan. 6 rioter to get government compensation.

“I’d love money, but I can’t accept that. That would bother me for the rest of my life,” he said. “We weren’t innocently persecuted just because of who we are or who we vote for. We were persecuted for committing criminal behavior in the Capitol of the United States.”

Plenty of other “J6ers” do not share Riddle’s reluctance.

A Florida man who posed for photos with then-House Speaker Nancy Pelosi’s stolen lectern argued on social media that he deserves to be compensated for the cost of his infamy. A rioter from New Jersey described by prosecutors as a Nazi sympathizer hailed the fund as “good news not just for J6ers but all victims of weaponization.” A Texas man who received a seven-year prison sentence for storming the Capitol with a metal tomahawk celebrated the fund as “payback” for “victims of Biden’s tyranny,” referring to President Biden.

Oregon resident Pamela Hemphill, sentenced to 60 days in jail for her conviction, rejected a pardon from Trump but has drafted a written claim for compensation from the fund. Unlike scores of rioters who claim to be victims of a government weaponized by Democrats, Hemphill blames Trump for her legal troubles. Her claims letter says she is seeking $5 million in compensation.

“I wouldn’t have been through all of this if Trump hadn’t lied about the election being stolen,” she said during a telephone interview. “It’s a direct result of his lies that I was even there that day.”

Legal and political challenges

It is an open question whether anyone convicted of a Capitol riot-related crime could be eligible for payments from a fund created to resolve Trump’s lawsuit against the IRS over the leak of his tax returns.

Acting Atty. Gen. Todd Blanche has not ruled out that possibility. Blanche said there are no limits on who can apply, but he noted that the fund’s five commissioners — all yet to be named — will decide who deserves to be compensated and why, based on factors such as “what the person did, his sentence, how much time he was in jail.”

“That’s up to the commissioners,” Blanche told the Associated Press on Thursday when asked about his position on whether violent Jan. 6 defendants should be eligible for payments.

“You have to define something and then stick to it. That’s something I’ve been hesitant to try to do, because it’s very fact-intensive,” Blanche said. ”Me sitting here and talking in hypotheticals is something that I don’t think is fair to the process.”

It is unclear whether Congress would block payments to Jan. 6 defendants. Senate Republicans who are angry about the settlement have said they want to place parameters on the fund as part of a Department of Homeland Security spending bill. They abruptly left town this month after a tense meeting with Blanche and will return Monday with the situation unresolved.

A federal judge in Virginia has frozen the fund’s establishment and temporarily blocked any processing or paying of claims. The judge issued that ruling Friday in one of at least three lawsuits challenging the fund.

Brendan Ballou, a former prosecutor who tried several Jan. 6 cases before leaving the Department of Justice last year, sued on behalf of two police officers who helped defend the Capitol from the mob. Ballou views the fund’s creation as part of a broader Trump campaign to undermine democratic institutions and rewrite the history of Jan. 6.

“And if the president is successful in that effort, if he’s able to get people to either forget or condone that day, he knows that he can get people to accept any attack on democracy,” Ballou said.

‘I want vengeance’

Nearly 1,600 people were charged with Capitol riot-related federal crimes. More than 1,200 were convicted and sentenced before Trump issued mass pardons and ordered the dismissal of all pending Jan. 6 cases upon his return to the White House last year. Trump also freed far-right extremist group members who were imprisoned for plotting to attack the Capitol to keep Trump in office after he lost the 2020 presidential election to Biden.

The self-described “J6 community” isn’t the only pro-Trump constituency angling for cuts of the money after being charged with or convicted of crimes.

Meshawn Maddock, who was charged as being a fake elector for Trump in Michigan before a judge dismissed the case last year, said she and her husband, state Rep. Matt Maddock, “absolutely” plan on making a claim. She believes the fund’s use of taxpayer money is justified because it “paid for the prosecution and investigation of the years that I was being hunted down.”

“I want vengeance and I want retribution,” Maddock said.

Trump’s campaign to recast the violence of Jan. 6 as a peaceful protest seems to have emboldened many convicted rioters.

Johnston’s eagerness to help other Capitol rioters with claims contrasts with his remorse he expressed at his sentencing in 2022. He apologized for his “terrible lapse in judgment” before a judge sentenced him to three weeks in jail and three months of home detention. He pleaded guilty to a misdemeanor trespassing charge.

“It was a dumb, dumb thing to do,” Johnston told the judge. “I am 100% responsible for what I did that day.”

Kunzelman writes for the Associated Press. AP writers Jamie Stengle, Mary Claire Jalonick and Joey Cappelletti contributed to this report.

WASHINGTON — A federal judge on Friday temporarily blocked President Trump’s administration from paying any claims through a new $1.776 billion settlement fund for the Republican president’s allies who believe they were victims of a weaponized government.

U.S. District Judge Leonie Brinkema in Alexandria, Va., also barred the government from moving forward with the fund’s creation while litigation is pending to challenge it.

The judge, who was nominated to the bench by President Clinton, a Democrat, scheduled a June 12 hearing for arguments on whether to extend the order blocking payouts from an “Anti-Weaponization Fund.” The government created the fund to resolve Trump’s lawsuit against the Internal Revenue Service over the leak of his tax returns.

The White House declined to comment on the judge’s ruling and referred all questions to the Justice Department, which didn’t immediately respond to a request for comment.

The fund has generated a fierce backlash since it was announced last week, with even Republicans pressing acting Atty. Gen. Todd Blanche over the eligibility considerations and the possibility that even violent rioters at the U.S. Capitol on Jan. 6, 2021, would be free to seek compensation.

The Justice Department hasn’t formed the five-member commission that will decide on payout criteria, so there has been no money paid out yet or claims accepted.

Plaintiffs’ attorneys from the legal advocacy group Democracy Forward are seeking a court order halting the fund’s implementation and preventing the Trump administration from disbursing any payouts from it. The federal suit claims there is no legal basis or accountability behind the fund.

The Virginia lawsuit’s plaintiffs include a fired prosecutor and a college professor acquitted of assaulting federal agents at a protest.

“The unlawfulness that has imbued the Anti-Weaponization Fund from its inception requires that it be wholly dismantled,” the suit says.

At least two other lawsuits, both filed separately in Washington, also are challenging the fund’s creation. A lawsuit filed by the advocacy group Citizens for Responsibility and Ethics in Washington refers to the fund as “a jaw-dropping act of presidential corruption.” Two police officers who helped defend the Capitol from a mob of Trump supporters sued last week.

During a congressional hearing, Blanche wouldn’t rule out the possibility that rioters who assaulted police on Jan. 6 could be eligible for fund payouts.

Nearly 1,600 people were charged with Capitol riot-related federal crimes. Over 1,200 were convicted and sentenced before Trump handed out mass pardons, commuted prison sentences and ordered the dismissal of every pending Jan. 6 criminal case last year.

Kunzelman writes for the Associated Press. AP writers Darlene Superville, Alanna Durkin Richer and Eric Tucker contributed to this report.

WASHINGTON — Two police officers who helped defend the U.S. Capitol from an attack by a mob of President Trump’s supporters sued on Wednesday to block anyone — including Jan. 6, 2021, rioters — from receiving payouts from a new $1.776-billion settlement fund for people who claim to be victims of politically motivated prosecutions.

The officers’ attorneys filed the federal lawsuit a day after acting Atty. Gen. Todd Blanche defended the fund’s creation during a congressional hearing. Blanche, a personal attorney for Trump before joining the Justice Department, wouldn’t rule out the possibility that rioters who assaulted police on Jan. 6 would be eligible for fund payouts.

The lawsuit claims the government’s “Anti-Weaponization Fund” is an illegal slush fund that Trump will use to “finance the insurrectionists and paramilitary groups that commit violence in his name.” It describes the fund’s creation as “the most brazen act of presidential corruption this century” and calls for dissolving it.

“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 stems from a settlement of Trump’s $10-billion lawsuit against the IRS over the leak of his tax returns. It’s designed to compensate those who believe they were mistreated by prior administrations’ Justice Department. Decisions on payouts will be made by a five-member commission appointed by the attorney general.

More than 100 police officers were injured during the Capitol riot. Nearly 1,600 people were charged with Jan. 6-related crimes, but Trump used his pardon powers to erase all of those cases in a sweeping act of clemency last year.

The plaintiffs suing Trump over the fund are 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. Hodges and Dunn both testified before Congress about their harrowing experiences on Jan. 6. Videos captured a rioter ripping a mask off Hodges as he was pinned against a door during a fight for control of a tunnel entrance.

The officers claim 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.

On Tuesday, members of Congress peppered Blanche with questions about the fund. He described 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 Atty. Gen. Letitia James.

Blanche and Treasury Secretary Scott Bessent also are named as defendants in the officers’ lawsuit. Spokespeople for the Justice and Treasury departments didn’t immediately respond to requests for comment on the suit.

One of the attorneys for the officers is Brendan Ballou, a former Justice Department prosecutor who handled Jan. 6 cases.

Kunzelman writes for the Associated Press.