President Donald Trump’s Department of Justice slammed the door shut on some January 6 rioters who had sued the government, according to a new court filing.
DOJ prosecutors in Florida argued in a new filing that a class of 35 rioters who sued the Capitol Police alleging “excessive force” were “forever barred” from bringing their claim because the statute of limitations had run out. The filing was published at a time when Trump is personally lobbying for Congress to establish the so-called “anti-weaponization” fund through legislation, a $1.776 billion fund that could pay people who claim they were wrongfully prosecuted by the government.
“The instant Complaint has a myriad of dispositive issues,” prosecutors argued. “First, the Court lacks subject matter jurisdiction because of claimants’ failure to exhaust administrative remedies before filing the Complaint. Second, all the asserted [Federal Tort Claims Act] claims are barred by the statute of limitations. Finally, even if this Court were to find that the Named Plaintiffs have alleged a cognizable FTCA claim, the case should be transferred for improper venue.”
In the filing, the prosecutors noted that the FTCA required the plaintiffs to file their cases within two years of being knowingly injured. Instead, the plaintiffs waited more than five years, according to prosecutors.
The prosecutors also noted several deficiencies in the legal paperwork submitted by the plaintiffs. For instance, some documents did not include the proper signatures, while others were missing supporting documentation.
The filing was first reported by Kyle Cheney, senior legal affairs reporter for Politico.
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