Two police officers who were injured during the January 6, 2021, attack on the U.S. Capitol have filed a lawsuit against the Justice Department, demanding the immediate dissolution of the Trump administration's $1.8 billion "Anti-Weaponization Fund." The officers, former U.S. Capitol Police Officer Harry Dunn and Metropolitan Police Officer Daniel Hodges, allege that the fund is illegal and will directly finance far-right extremists and paramilitary groups involved in the insurrection.
Legal Basis of the Lawsuit
The lawsuit argues that the fund violates the 14th Amendment's prohibition on the U.S. assuming or paying any debt or obligation incurred in aid of insurrection or rebellion against the United States. It also claims that the fund contravenes various statutes under the Administrative Procedure Act, rendering the actions of government officials illegal. Dunn stated that the fund rewards insurrectionists and creates an incentive for further violence, contrasting with Trump's previous pardons that merely forgave their actions.
Background on the Fund
The Justice Department unveiled the Anti-Weaponization Fund as part of a settlement agreement between President Donald Trump and the DOJ, dropping Trump's $10 billion lawsuit against the IRS. The fund is designed to consider payouts to individuals who can assert a legal claim of being a victim of lawfare or weaponization, or who spent time in prison or federal custody as a result of such actions. A former Justice Department official described the fund as "patently unlawful."
Ongoing Threats and New Criminal Charges
Dunn and Hodges emphasize that five years after the insurrection, they continue to face death threats and harassment from Trump supporters and far-right extremists. Trump's pardons, which included leaders of the Proud Boys and Oath Keepers convicted of seditious conspiracy, have reinvigorated these threats. The lawsuit highlights that at least 33 pardoned insurrectionists have drawn new criminal charges, including illegal gun possession, assault, kidnapping, and rape.
Specific Incidents Cited
The lawsuit notes that Henry "Enrique" Tarrio, former leader of the Proud Boys, vowed that "the people who did this, they need to feel the heat" and allegedly trailed and filmed Dunn and Hodges at a conference. Jacob Chansley, the QAnon Shaman, celebrated his pardon by declaring his intent to purchase guns. Ivan Raiklin, a conservative activist, placed both officers on a "retribution list." Dunn expressed concern that the fund would provide benefits to these same individuals, enabling them to stockpile weapons and recruit members.
Legal Representation and Next Steps
Attorney Brendan Ballou, representing Dunn and Hodges, called the fund "stunningly, blindingly illegal" and stated that it would fund insurrectionists and militias loyal to the president but unaccountable to the rule of law. While Dunn and Hodges are currently the only Jan. 6 police officers suing to stop the fund, Ballou did not rule out a class-action option. Approximately 140 officers were assaulted on January 6.
