When government compensation programs are designed to address past wrongs, they may face constitutional challenges if their broad eligibility criteria could potentially benefit individuals who committed the very acts they were meant to compensate, raising questions about the appropriate scope of government liability and the potential for such programs to inadvertently encourage future misconduct.
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Officers suing to block Trump payment to Jan. 6Added:
Two police officers who defended the US capital during the January 6th attack are now suing to stop the Trump administration's new 1.776 billion anti-weaponization fund. The fund was announced earlier this week by the Justice Department as part of a settlement tied to President Trump's lawsuit over leaked tax returns. Now, according to the DOJ, the money is meant to compensate people who say they were harmed by politically motivated investigations or government weaponization. But retired Capitol police officer Harry Dunn and DC Metro officer Daniel Hodes say the program is unconstitutional and could end up benefiting January 6th riers, including people convicted of assaulting police officers before later receiving pardons.
Now, in their lawsuit, they described the funds as taxpayer funded slush fund that could encourage future political violence. Acting Attorney General Todd Blanch has defended the program, saying it isn't designed for any one political group and that an independent commission will decide who qualifies. Still, during congressional testimony, Blanch refused to rule out payments to January 6th defendants, which sparked backlash from both Democrats and some Republicans.
>> This is an outrageous, unprecedented slush fund that you set up. Simple question. Will elig will individuals who assaulted Capitol Hill police officers be eligible for this fund?
>> Well, as it makes plain, any just let me know if they're eligible for the fund.
>> As as as was made plain yesterday, anybody in this country is eligible to apply if they believe they are victim reposition.
>> And Senator Tom Tillis reacted to the lawsuit filed by the officers, calling the fund absurd.
>> You know what? I hope they have standing and they may have standing. If they happen to be some of the ones who were assaulted, the ones that I saw bloody and bruised, those folks, I think every single one of them hopefully have standing and we'll have that opportunity to do that. I think it's irresponsible.
It sends a signal, hey, go breach the capital, destroy the building, assault police officers. You may even get compensated for someday. That's absurd.
The fund will be managed by a five member commission and paid for through the federal judgment fund. And any unused money would go back to the government once the program expires in 2028. Meanwhile, former HHS spokesperson Michael Caputo had already filed a claim seeking $2.7 million from the fund. In a letter to Blanch, he argued that the FBI's Crossfire Hurricane and Mueller era Russia investigations unfairly targeted him and caused serious financial and personal damage to his Family.
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