Overview
- The Justice Department filed a motion in federal court that asks a judge to dismiss a class action by roughly 35 Jan. 6 defendants who allege they were injured by Capitol Police, arguing the lawsuit lacks jurisdiction and is time-barred.
- DOJ prosecutors told the court that under the FTCA claimants had two years from the injury date to present administrative claims and that the earliest named-plaintiff claim in this case was dated July 29, 2025, well past the Jan. 6, 2023 deadline.
- The department also says many submitted administrative forms were incomplete or unsigned and that plaintiffs failed to exhaust required agency remedies, defects the filing says deprive the court of subject-matter jurisdiction.
- The motion, reported publicly by Politico and filed on Monday, Aug. 3, 2026, arrives as Acting Attorney General Todd Blanche rescinded an announced roughly $1.8 billion 'anti-weaponization' fund and President Trump lobbies Congress for a separate compensation measure.
- Under the FTCA claimants must file a written administrative claim with the agency within two years of the injury and exhaust agency procedures before suing, a rule that DOJ says will make legal recovery difficult for many Jan. 6 defendants even if a political fund is later created.