Trump Allies Pivot to Judgment Fund for Supporter Payouts

With the proposed $1.8 billion weaponization fund effectively dead, Donald Trump’s allies are pivoting to a 1946 law to compensate supporters. By utilizing the Federal Tort Claims Act, advocates hope to secure government settlements for those who claim they were targeted by federal agencies, including January 6 participants.

The strategy centers on the Federal Tort Claims Act, which allows individuals to file administrative claims against the government for alleged wrongdoing. While the administration has abandoned the creation of a dedicated slush fund due to intense congressional pushback, legal experts suggest this existing statute offers a more flexible, albeit controversial, path to payouts. The Justice Department maintains that individuals retain the right to sue, though officials deny any active effort to solicit such claims.

Conservative lawyers, including longtime Trump ally Michael Caputo, reportedly discussed this approach extensively during the 2024 Republican National Convention. The plan relies on the permanent Judgment Fund, a mechanism established in 1956 to pay settlements for lawsuits against the federal government. Because these administrative settlements can be authorized by officials before a judge is assigned, proponents view it as a logistically viable method to bypass political hurdles and direct funds to those Trump characterizes as victims of a weaponized bureaucracy.

Critics argue that utilizing this fund for political supporters would be a misuse of taxpayer money, particularly regarding hundreds of January 6 defendants who have already filed claims. While some high-profile allies like Michael Flynn have previously received settlements under the statute, attorney Peter Ticktin, who represents over 400 Capitol riot participants, is now seeking millions in restitution for his clients. Although former Justice Department official Rupa Bhattacharyya warned that settling these cases would violate the spirit of the law, the government retains broad discretion to settle claims to avoid the risks of a trial.