Two Capitol Police officers who defended the U.S. Capitol during the January 6, 2021 attack filed a federal lawsuit Tuesday seeking to block what they call an unconstitutional $1.8 billion "slush fund" established by the Trump administration to compensate January 6 defendants and their families.
The lawsuit, filed in federal court in Washington, represents a remarkable legal confrontation between officers who were injured protecting Congress and an administration now seeking to financially compensate those who attacked them. The officers argue the fund violates constitutional appropriations authority by disbursing taxpayer money without proper congressional authorization.
"I defended democracy that day, and now I'm being asked to pay for it twice," one of the plaintiffs told reporters, referring to both his injuries and the tax dollars funding the program.
According to congressional sources familiar with the matter, the Internal Revenue Service established the fund through an executive directive, categorizing payments as "victim compensation" for what the administration terms "lawfare" prosecutions. The fund would provide financial assistance to more than 1,500 individuals charged in connection with the Capitol breach, including those convicted of assaulting law enforcement officers.
The constitutional questions at the center of the lawsuit focus on Article I powers. The U.S. Constitution grants Congress—not the executive branch—the exclusive power of the purse. Legal experts from across the political spectrum have questioned whether the administration can unilaterally create such a massive spending program without explicit congressional appropriation.
Jamie Raskin, the ranking Democrat on the House Oversight Committee, announced plans to subpoena officials involved in establishing the fund. "This isn't about politics," Raskin said in a statement. "This is about basic constitutional guardrails that prevent any president from raiding the Treasury."





