Two law enforcement officers who confronted rioters at the U.S. Capitol on January 6, 2021, have filed a lawsuit to block the Trump administration’s $1.7 billion ‘anti-weaponization fund.’ The fund was established as part of a settlement between President Trump and the federal government.

The lawsuit was filed in federal court in the District of Columbia by retired U.S. Capitol Police officer Harry Dunn and Metropolitan Police Department officer Daniel Hodges. They are asking a federal judge to declare the creation of the fund illegal and to reverse any Treasury Department transfers to the Justice Department related to this fund.

On January 6, both Dunn and Hodges defended the U.S. Capitol against a mob of Trump supporters attempting to halt the certification of the Electoral College. The Justice Department announced the fund on Monday, stating it would facilitate a process to address claims from those affected by so-called weaponization and lawfare, as expressed by Acting Attorney General Todd Blanche.

By creating the Anti-Weaponization Fund, funding it, and authorizing claim criteria that will allow it to make payments to, among others, Proud Boys and January 6 rioters, Defendants have inflicted concrete and cognizable harms on Plaintiffs Dunn and Hodges, the officers argued in their complaint.

Since the fund’s announcement, attorneys for individuals claiming the government was weaponized against them are eager to seek compensation. Those eligible for payouts might include January 6 rioters convicted of violent acts but later pardoned by Mr. Trump. Former Trump administration and campaign officials who sued the Justice Department and obtained settlement agreements could also qualify for payments.

Neither Acting Attorney General Blanche nor the White House has specifically opposed payouts to convicted and subsequently pardoned individuals involved in assaulting law enforcement officers. The Justice Department has not clarified eligibility criteria or payout caps. Blanche mentioned at a Senate hearing that the fund’s board, comprising five members, would provide these details.

The lawsuit by Dunn and Hodges argues that the existence of the fund sends a troubling message: those who commit violence in Trump’s name will not only avoid punishment but will also gain financially. Brendan Ballou, representing the officers, described the fund as illegal and has asked for a halt to any fund transfers.

The fund originates from a $10 billion lawsuit President Trump filed against federal agencies. He accused them of unlawfully leaking his, his sons’, and his company’s tax returns to the media in 2020. This settlement permanently prevents the IRS from pursuing claims against Trump or his company based on prior tax returns. Trump’s team agreed to withdraw further legal claims against the Justice Department.