Two officers sue to block $1.8B fund

Former Capitol Police officer Harry Dunn and Metropolitan Police Department officer Daniel Hodges filed suit in federal court in Washington on May 20 seeking to stop the Trump administration from distributing money from a new $1.776 billion “Anti-Weaponization Fund.” The officers, who fought rioters at the U.S. Capitol on Jan. 6, 2021, say the program could channel taxpayer money to people who attacked police and tried to block the transfer of presidential power. Their complaint describes the fund as a “taxpayer-funded slush fund” and asks a judge to halt disbursements while the case proceeds. NBC News first reported the filing, and Politico and other outlets published additional details from the complaint. ### Who sued, and what are they asking a judge to do? Harry Dunn and Daniel Hodges are the two plaintiffs. Dunn is a former U.S. Capitol Police officer, and Hodges is a Metropolitan Police Department officer whose crushing in a Capitol doorway became one of the defining images of the Jan. 6 attack. Their lawsuit seeks to block creation and operation of the fund and to prevent payments from being made to claimants while the court reviews the challenge. (nbcnews.com) The Washington lawsuit says the officers have continued to face harassment and death threats from Jan. 6 participants and supporters. The complaint argues that paying money to rioters or affiliated groups would increase the danger to them and would amount to federal support for people who engaged in an insurrection. (nbcnews.com) ### Where did the $1.776 billion fund come from? The Justice Department announced on May 18 that it was establishing the $1.776 billion fund after President Donald Trump agreed to dismiss a $10 billion lawsuit against the IRS over the leak of his tax returns. The department said Trump and his co-plaintiffs would drop that case and other damage claims tied to the Mar-a-Lago search and the Russia investigation in exchange for a program to compensate people who say they were victims of government “weaponization” or “lawfare.” (nbcnews.com) The Justice Department said the fund would create a “systematic process” for claims and that five commissioners would oversee awards. According to the department’s announcement, the attorney general would appoint the commissioners, including one selected in consultation with congressional leadership, and the fund would stop processing claims on Dec. 15, 2028. (nbcnews.com) ### Why do the officers say Jan. 6 defendants could benefit? Todd Blanche, the acting attorney general, said this week that anyone could apply to the fund, though he said Jan. 6 rioters were not guaranteed compensation. “Does it mean they’re going to get money? No,” Blanche said, according to NBC News. “It just means they are allowed to apply.” (nbcnews.com) The officers’ complaint points to statements by Trump, Vice President J.D. Vance, Blanche and administration official Ed Martin as evidence that the purpose of the fund is to compensate Jan. 6 defendants, including members of the Proud Boys. NBC News reported that the suit says the fund’s purpose is “obvious” and that it was designed to provide rioters with money that Trump and his allies believe they are owed. (nbcnews.com) ### What legal arguments are in the complaint? The complaint argues that the fund violates the 14th Amendment’s bar on paying debts or obligations incurred in aid of insurrection or rebellion against the United States. It also says the Justice Department lacks legal authority to create such a fund through the settlement announced this week. (nbcnews.com) Politico reported that the administration is likely to argue Dunn and Hodges lack standing to sue. Stanley Woodward, the associate attorney general, told reporters on May 19 that criticism of the fund was premature because no claims had yet been filed and no payments had been made. ### What happens next in court? (politico.com) The case is now before the federal district court in Washington, where the officers are seeking immediate relief to stop payouts. The Justice Department has not yet announced the five commissioners who would oversee the fund, and the administration has said claims can be submitted by people alleging politically motivated prosecution. The next formal steps are likely to include a government response to the complaint and any motion by the officers for a temporary court order blocking disbursements. (politico.com) (nbcnews.com)