The Justice Department moved Monday to dismiss a class action lawsuit brought by Jan. 6 defendants under the Federal Tort Claims Act, arguing that the claims brought by the rioters are prohibited because they were filed after the statute of limitations had expired.
“All the claims in the Complaint are ‘forever barred’ due to the failure to timely file the administrative claim with the agency,” the Justice Department said in its filing.
The plaintiffs complained of injuries they had suffered on Jan. 6, 2021, due to “excessive police force.” The Justice Department said that the plaintiffs submitted forms that “were only partially completed” and said some lacked signatures and supporting documentation.
Also, under the FTCA, plaintiffs have two years to bring a lawsuit, and there are a few additional deadlines that must be met in order to sue the federal government under the FTCA. The Justice Department noted that the plaintiffs alleged “that they were injured by the police actions that occurred on January 6, 2021.” Therefore, the department said in its filing, the rioters had until Jan. 6, 2023, to sue the federal government under the Act.
The Justice Department pointed out that the “earliest claim of the Named Plaintiffs was dated July 29, 2025,” well beyond two-year period allowed under the FTCA.
The department argued that the plaintiffs “knew that they were injured and knew who injured them, but they instead chose to wait until well past the deadline to file the claims.”
On Sunday evening, Acting Attorney General Todd Blanche issued an order rescinding a $1.8 billion “anti-weaponization” fund that was meant to compensate allies of President Trump. The order, however, does not include language that would bar government restitution or payouts to convicted Jan. 6 rioters.
A former Justice Department lawyer said Blanche’s unilateral rescission of the “anti-weaponization” fund has no legal effect and doesn’t prevent the fund from being revived in the future.