Amid new January 6-related lawsuits, Senators demand answers following previous letters urging Attorney General Bondi to oppose refunds or rewards for rioters

Senators: "It is clear that these insurrectionists and their attorneys are trying every possible avenue to enrich themselves at taxpayer expense"

WASHINGTON, D.C. - Today, 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.) urged the U.S. Department of Justice (DOJ) to publicly reject efforts by January 6 rioters to receive payouts as these insurrectionists file claims for millions of dollars in taxpayer money.

The Senators pressed DOJ for more information after they did not receive responses to their previous pushes last year urging DOJ to disavow January 6 rioters' attempts to secure a victim compensation fund like that used to compensate victims of the September 11, 2001 attacks and to seek refunds for restitution they paid for Capitol building damages. The Senators' second follow-up letter to Attorney General Pam Bondi comes as January 6 rioters now pursue a third route to get taxpayer payouts: Federal Tort Claims Act (FTCA) lawsuits.

After January 6 rioters waited years to file their FTCA claims, most should presumably be barred under the law's two-year statute of limitations, but per public reporting, DOJ has not yet rejected these claims. The Senators demanded answers to a series of questions regarding the number of FTCA claims, whether DOJ has rejected or approved any claims, whether the statute of limitations has expired on them, and any discussions regarding these claims or a special compensation fund for January 6 insurrectionists.

In December 2025, per public reporting, roughly 400 January 6 rioters, who the Trump Administration pardoned or granted clemency to, filed claims with DOJ under the FTCA, each seeking $1 to 10 million because they were prosecuted for their criminal actions. This appears to be the same group who, through their attorney, Mark McCloskey, previously lobbied DOJ to set up a victim compensation fund, which would be both deeply corrupt and unlawful. McCloskey has reportedly had several "positive meetings" with DOJ official Ed Martin - who reportedly supports compensating violent January 6 insurrectionists - but he filed the FTCA claims after talks stalled.

At the same time, leaders of the "Proud Boys" far-right militant organization are suing for $100 million - alleging violations of their constitutional rights and malicious prosecution. The Senators condemned these efforts by January 6 rioters and pushed Bondi to wholly denounce them.

"We write to urge you to categorically reject efforts by pardoned January 6 insurrectionists to seek tens of millions of taxpayer dollars in payouts from the Department of Justice," wrote the Senators. "As the Nation reflects on the fifth anniversary of the violent attack on the U.S. Capitol, and mourns the lives lost, we urge you to publicly reject these efforts to reward January 6 rioters for their criminal acts at the expense of American taxpayers."

"You should put an end to this money grab by publicly committing that the Department will not attempt to create a compensation fund, will reject all related FTCA claims, and will vigorously defend the taxpayers in any related lawsuits," continued the Senators.

The violent mob that stormed the Capitol on January 6, 2021, attempting to prevent the certification of the 2020 election results, caused roughly $3 million in damages to the Capitol building, injured more than 100 law enforcement officers, and threatened members and their staff. Damage to the building included widespread vandalism, ruined furniture, shattered glass, broken doors, defaced artwork, and the desecration of the halls of Congress. Convicted January 6 insurrectionists paid about $400,000 in court-ordered restitution to cover the damages they caused, which has since been transferred to the Treasury Department, from where the funds can only be withdrawn by Congress.

As the Senate considers the FY 2026 appropriations minibus, Padilla and Whitehouse offered an amendment to the Commerce, Justice, Science, and Related Agencies bill that would prevent the Administration from using federal funds to provide financial compensation for prosecuted January 6 rioters, and would authorize the Secretary of the Treasury to transfer court-ordered compensation that was previously paid by convicted January 6 rioters to offset the cost of repairs to the Capitol from the U.S. Treasury to the Architect of the Capitol.

Senator Padilla has repeatedly condemned the deadly January 6 Capitol insurrection and helped pass legislation to prevent similar attacks from threatening our democracy. Last week, on the fifth anniversary of the Capitol insurrection, Senators 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 Department of Justice. Padilla also led a Senate floor block alongside 17 of his Democratic Senate colleagues to honor the more than 100 law enforcement officers who were injured or later lost their lives. Before the floor block, Senate Republicans rejected his bipartisan resolution condemning the attack.

Padilla previously cosponsored and applauded the passage of the bipartisan Electoral Count Reform and Presidential Transition Improvement Act, which modernized the outdated Electoral Count Act of 1887 to ensure the electoral votes tallied by Congress accurately reflect each state's vote for president.

Full text of the letter is available here and below:

Dear Attorney General Bondi:

We write to urge you to categorically reject efforts by pardoned January 6 insurrectionists to seek tens of millions of taxpayer dollars in payouts from the Department of Justice. As the Nation reflects on the fifth anniversary of the violent attack on the U.S. Capitol, and mourns the lives lost, we urge you to publicly reject these efforts to reward January 6 rioters for their criminal acts at the expense of American taxpayers.

We are deeply disappointed by the failure of the Department to respond to our May 2, 2025 and September 29, 2025 letters, which made clear that using taxpayer funds to reward January 6 insurrectionists would not only be insulting to the American public, but would also flout federal law. The January 6 insurrectionists left nearly $3 million in property damages in their wake and injured more than 100 law enforcement officers. The blanket pardon issued in January 2025 does not erase the real harm caused during the attack or the Department's legal obligations to protect taxpayers from frivolous claims.

It is clear that these insurrectionists and their attorneys are trying every possible avenue to enrich themselves at taxpayer expense. Leaders of the Proud Boys have filed a lawsuit seeking $100 million in damages. Another attorney states he has had several "positive meetings" with senior DOJ official Ed Martin regarding cash rewards for January 6 rioters and is proposing a 9/11 style compensation fund. It bears repeating-the power of the purse belongs to Congress. Put simply, the Department does not have unilateral authority to create a fund to reward the January 6 insurrectionists, and we will adamantly oppose any effort in Congress to authorize one.

In addition, there is credible public reporting that nearly 400 insurrectionists have brought claims under the Federal Tort Claims Act (FTCA), seeking $1 million to $10 million per individual for alleged injuries and property damage they sustained when they were arrested and prosecuted for storming the Capitol on January 6. Given these insurrectionists waited years to raise these claims, most of them are presumably barred by the FTCA's two-year statute of limitations, but the public reporting indicates that the Justice Department has not yet rejected the claims. Given the concerns raised by the ongoing reporting of insurrectionists lobbying the Department for cash payouts, we request timely responses to the following questions:

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

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

3. 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?

4. 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?

5. 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?

6. 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 setting up a special panel or compensation fund to award funds to those who participated in the attack?

7. What steps, if any, has the Department taken to set up a special panel or compensation fund to financially compensate any individuals prosecuted for their involvement in the attack on the U.S. Capitol on January 6, 2021?

Finally, you should put an end to this money grab by publicly committing that the Department will not attempt to create a compensation fund, will reject all related FTCA claims, and will vigorously defend the taxpayers in any related lawsuits.

The Department of Justice has so far failed to respond to either of our previous letters on this topic, but the American public is owed an explanation. We ask that the Department provide a written response to this letter no later than January 30, 2026.

Sincerely,

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