Lawyers to Sue Federal Government for Jan. 6 Rioters

A group of attorneys is gearing up to initiate legal action against the federal government on behalf of a significant number of individuals who were pardoned by former President Donald Trump for their involvement in the January 6 Capitol riot. This lawsuit claims these rioters were mistreated by federal agencies, including the Justice Department and the Bureau of Prisons, during the course of their arrests, prosecutions, and penalties.

Leading this legal endeavor are Mark McCloskey and Peter Ticktin. McCloskey gained national attention five years ago when he brandished an AR-15-style rifle at social justice protesters outside his St. Louis home. Ticktin, a long-time ally and former classmate of Trump, has been involved in various legal activities, further solidifying their connection to the former president.

Even prior to the sweeping clemency granted by Trump to nearly 1,600 individuals prosecuted in relation to January 6, many current and former defendants had expressed a desire to seek damages from the federal government, asserting that they had been wronged. The former President’s broad pardons have only served to bolster their claims, allowing them to portray themselves as victims rather than perpetrators of the riot.

While the prospect of suing the federal government presents significant challenges, the unique circumstances surrounding this case may provide some leverage. Speculation abounds regarding how the Department of Justice, led by Trump-appointed officials, might choose to address claims of mistreatment by federal prosecutors and FBI agents.

Previously, a few individuals involved in the riot, including some with ties to extremist groups like the Proud Boys and Oath Keepers, have attempted to sue federal and local law enforcement in Washington, D.C. However, these efforts have largely fallen flat in the judicial system. In contrast, McCloskey and Ticktin envision a more extensive strategy aimed at challenging the federal government based on accusations of constitutional rights violations related to the treatment of those involved in the January 6 events. They are also considering filing claims under the Federal Tort Claims Act, which permits individuals to seek compensation for injuries caused by federal employees.

As of now, the lawyers are in the early stages of planning and anticipate that lawsuits could be filed within the next month. “The fact that a lawsuit or lawsuits will be brought is as certain as the sun rising in the east,” stated McCloskey, emphasizing the inevitability of their legal actions while admitting that the exact nature and timing remain to be finalized.

In order to galvanize support for this legal battle, McCloskey and Ticktin are launching a dedicated website where pardoned rioters can register to join their cause. They are collaborating with a nonprofit organization known as Condemned USA, founded by Treniss Evans, a pardoned rioter. This nonprofit has a history of advocating for individuals charged in connection with January 6, which aligns with the mission of McCloskey and Ticktin’s initiative.

McCloskey and his wife Patricia themselves received pardons from the Missouri governor in 2021 after pleading guilty to misdemeanor charges related to their confrontation with protesters at their residence. During Trump’s 2020 campaign, the couple did not shy away from the national spotlight, addressing the Republican National Convention where Patricia publicly warned attendees about perceived dangers posed by Democrats.

Peter Ticktin is also notable for his long-standing acquaintance with Trump, having previously filed a lawsuit on his behalf against numerous political adversaries three years ago. This lawsuit faced severe backlash, with a federal judge deeming it frivolous and imposing nearly $1 million in sanctions on Trump and his legal team.

The proposed lawsuit orchestrated by McCloskey and Ticktin emerges amid significant repercussions faced by government officials who were involved in the prosecution of January 6 defendants. Recently, the Justice Department has actively taken steps against several young prosecutors assigned to these cases, even demoting some of the senior attorneys who had been pivotal in leading the investigations.

In a related matter, the Justice Department has also indicated a willingness to settle a wrongful death lawsuit filed by the family of Ashli Babbitt, a rioter shot by a Capitol Police officer during the January 6 insurrection. Babbitt was killed while attempting to breach the House floor, and her family’s legal actions have drawn attention to the complex and contentious aftermath of the Capitol riot.

In summary, the legal landscape surrounding the January 6 Capitol riot continues to evolve, with McCloskey and Ticktin’s planned lawsuits potentially adding an unprecedented dimension to the ongoing discourse about accountability, constitutional rights, and the federal government’s role in managing individuals involved in the insurrection. As they prepare to file their claims, many are watching closely to see how the judiciary will respond to these highly charged and politically sensitive allegations.