Padilla, Durbin, Klobuchar, Whitehouse Lead Colleagues in Urging DOJ to Reject Payouts for January 6 Rioters

Ahead of Acting Attorney General Todd Blanche's nomination hearing, the Senators demand answers to previous letters urging DOJ to abandon any efforts to refund or financially reward convicted January 6 insurrectionists

WASHINGTON, D.C. - U.S. Senators Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, Amy Klobuchar (D-Minn.), and Sheldon Whitehouse (D-R.I.) led fourteen of their colleagues in urging the Department of Justice (DOJ) to halt any efforts to compensate January 6 rioters and commit to defending taxpayers in any January 6-related lawsuits.

In their letter to Acting Attorney General Todd Blanche, the Senators expressed concern over the DOJ's ongoing efforts to reimburse January 6 insurrectionists with taxpayer funds and the reported 600 January 6-related claims filed under the Federal Tort Claims Act (FTCA). The Senators' fourth letter to the DOJ comes after Associate Attorney General Stanley Woodward agreed with Senator Lindsey Graham (R-S.C.) in a now-deleted social media post that the DOJ should create a weaponization fund based on the FTCA. This letter comes ahead of Blanche's confirmation hearing for Attorney General, scheduled for July 15.

The Senators highlighted that since sending their three unanswered letters, the DOJ announced the $1.8 billion slush fund that was intended to pay out alleged victims of DOJ "weaponization," including January 6 insurrectionists. Following bipartisan backlash and a temporary injunction by a federal court, the DOJ disavowed the slush fund and stated they would not move forward with it.

"Although a federal judge has enjoined the slush fund, there are other plans to undermine the American justice system to pay out January 6 rioters, including those convicted of assaulting law enforcement officers," wrote the Senators. "According to reporting, approximately 600 January 6 rioters have filed claims under the Federal Tort Claims Act (FTCA), expecting to receive millions of dollars in compensation for alleged injuries they sustained because they were prosecuted for crimes they committed during the attack on the Capitol. Tellingly, one lawyer representing January 6 rioters expressed concern that the $1.8 billion slush fund would result in smaller per-person settlements than settling his clients' FTCA claims out of the Judgment Fund. Another group of plaintiffs bringing FTCA claims, including a member of the Proud Boys who was charged with assault, has filed a class action in federal court, seeking more than $18 million."

The Senators raised concerns over the DOJ's apparent failure to reject these FTCA claims and over additional lawsuits filed by January 6 insurrectionists against the federal government. The Senators reiterated previously raised questions that had gone unanswered by former Attorney General Pam Bondi, requesting information about any FTCA claims related to the January 6 attack and whether the DOJ had addressed those claims.

"The Department of Justice must end this corrupt money grab by publicly committing that it will not pursue any other such compensation fund and that it will vigorously defend taxpayers in any January 6-related lawsuits," concluded the Senators. "We request a written response to this letter making these commitments and responding to our questions by no later than July 14, 2026."

In addition to Padilla, Durbin, Klobuchar, and Whitehouse, the letter was signed by Senators Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Tammy Duckworth (D-Ill.), Kirsten Gillibrand (D-N.Y.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Jeff Merkley (D-Ore.), Gary Peters (D-Mich.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), and Peter Welch (D-Vt.).

Padilla has consistently fought to hold Trump's DOJ accountable. In January, Padilla, Durbin, Klobuchar, and Whitehouse urged the DOJ to publicly reject efforts by January 6 rioters to receive payouts as these insurrectionists file claims for millions of dollars in taxpayer money. On the fifth anniversary of the insurrection, Padilla and Whitehouse introduced a pair of bills to prevent January 6 rioters from receiving refunds or cash rewards from the federal government that they are aggressively seeking from Trump's DOJ. Last month, Padilla joined Senator Peter Welch (D-Vt.) and all Senate Judiciary Committee Democrats in demanding that the DOJ Acting Inspector General launch an immediate, thorough, and quick investigation into President Trump's creation of the nearly $1.8 billion "Anti-Weaponization Fund."

Full text of the letter is available here and below:

Dear Acting Attorney General Blanche:

We urge you to reject any efforts by the Department of Justice (DOJ) to compensate January 6 rioters for their crimes and to commit to vigorously defending American taxpayers.

Previous letters to the Justice Department dated May 2, 2025, September 29, 2025, and January 15, 2026, made clear that payments to January 6 rioters would flout federal law and be an insult to the American public. The Department failed to respond to Congress, and instead, on May 18, 2026, announced that it had settled an unrelated IRS lawsuit with President Trump to create a $1.8 billion slush fund to compensate alleged victims of DOJ "weaponization," including his allies and January 6 insurrectionists. That settlement has been enjoined by one federal judge and is now being reviewed by another federal judge to determine whether it was fraudulent. You and the Department have disavowed the slush fund after bipartisan backlash to this brazen attempt to raid taxpayer funds on behalf of January 6 rioters, including those convicted of assaulting law enforcement officers during the attack.

Despite your testimony at a June 2 House Appropriations subcommittee hearing and DOJ's filings in court, there is still uncertainty about whether the Department will pursue alternative ways to compensate convicted January 6 rioters. President Trump continues to make public comments in support of rewarding these convicted criminals, calling the slush fund "a great idea," and the Department has not withdrawn the memorandum establishing it. While you testified before Congress that the slush fund is not moving forward, you and other Department officials have refused to disavow the fund in writing or under oath. It has also been publicly reported that Justice Department officials are privately assuring potential beneficiaries that these payouts will still occur.

Although a federal judge has enjoined the slush fund, there are other plans to undermine the American justice system to pay out January 6 rioters, including those convicted of assaulting law enforcement officers. According to reporting, approximately 600 January 6 rioters have filed claims under the Federal Tort Claims Act (FTCA), expecting to receive millions of dollars in compensation for alleged injuries they sustained because they were prosecuted for crimes they committed during the attack on the Capitol. Tellingly, one lawyer representing January 6 rioters expressed concern that the $1.8 billion slush fund would result in smaller per-person settlements than settling his clients' FTCA claims out of the Judgment Fund. Another group of plaintiffs bringing FTCA claims, including a member of the Proud Boys who was charged with assault, has filed a class action in federal court, seeking more than $18 million.

While most of these claims are barred by the FTCA's two-year statute of limitations, there is no evidence that the Justice Department has asserted this defense and rejected the claims. Even more concerning, in a now-deleted social media post, Associate Attorney General Stanley Woodward encouraged this end-run approach to get payouts, posting "We're on it." Other rioters are suing the federal government on other grounds, hoping to be rewarded for their actions during the violent January 6 attack. This includes five leaders of the Proud Boys organization, many of whom were convicted for violent crimes and plotting to overturn the results of the 2020 election on January 6, who have sued for $100 million.

We request responses to the following questions, which were previously sent to then-Attorney General Bondi on January 15, 2026, and have received no response:

1. How many claims under the FTCA related to the attack on the U.S. Capitol on January 6, 2021, has the Department received?

• Has the statute of limitations run on any of the claims identified in response to Question 1?

• Has the Department rejected any FTCA claims related to the attack on the U.S. Capitol on January 6, 2021? If so, when, how many claims, and on what grounds?

• Has the Department approved any FTCA claims related to the attack on the U.S. Capitol on January 6, 2021? If so, when, how many claims, and what was the total compensation?

• Has anyone with the Department participated in discussions with individuals prosecuted for their involvement in the attack on the U.S. Capitol on January 6, 2021, or with their representative(s) about settling any FTCA claims or other ongoing litigation?

The announcement of the $1.8 billion slush fund was yet another blow to the American public's confidence in the Department of Justice. This Administration continues to send the message that January 6 insurrectionists, despite being convicted by juries of their peers, will be rewarded for their crimes at the expense of American taxpayers because they tried to overturn the outcome of an election in Donald Trump's favor.

The Department of Justice must end this corrupt money grab by publicly committing that it will not pursue any other such compensation fund and that it will vigorously defend taxpayers in any January 6-related lawsuits. We request a written response to this letter making these commitments and responding to our questions by no later than July 14, 2026.

Sincerely,

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