Lawyers Plan to Sue Federal Government on Behalf of Trump-Pardoned Capitol Rioters
Introduction: The Case and Its Key Players
A team of lawyers, led by Mark McCloskey and Peter Ticktin, are preparing to file a lawsuit against the federal government on behalf of individuals pardoned by former President Donald Trump for their involvement in the January 6, 2021, attack on the U.S. Capitol. These lawyers argue that their clients were mistreated by federal agencies, including the Justice Department and the Bureau of Prisons. McCloskey gained notoriety for brandishing an AR-15 rifle at protesters near his home, while Ticktin, a longtime ally of Trump, has a history of representing the former president in various legal matters. Their efforts aim to position the pardoned individuals as victims rather than perpetrators, seeking damages for alleged mistreatment.
Challenges in Court: An Uphill Battle
The lawsuit faces significant challenges in court, despite potential support from the federal government itself. The Justice Department, under Trump’s influence, may opt for a lenient defense or settle claims out of court to avoid prolonged litigation. However, similar lawsuits filed by rioters with ties to groups like the Proud Boys and Oath Keepers have struggled to gain traction, indicating the legal hurdles ahead. The government’s stance and the merit of the claims will be crucial in determining the outcome, as the plaintiffs must prove their constitutional rights were violated during their arrest, prosecution, and punishment.
Legal Strategy andobilization
McCloskey and Ticktin plan to use the Federal Tort Claims Act, which allows individuals to sue the government for injuries caused by federal employees. They are launching a website to recruit pardoned rioters to join the legal effort, supported by Condemned USA, a nonprofit aiding January 6 defendants. The lawsuit is expected to be filed within a month, with McCloskey expressing certainty about the suit’s filing, likening it to the inevitability of sunrise. The attorneys’ strategy includes highlighting alleged rights violations and seeking redress through existing legal avenues.
Background of the Lawyers and Their Motivations
McCloskey and his wife, Patricia, were pardoned by Missouri’s governor after pleading guilty to misdemeanors related to the 2020 protest incident. They gained prominence speaking at the 2020 Republican National Convention, warning against Democrats. Ticktin, with ties to Trump since adolescence, previously filed a lawsuit against perceived political enemies, which a judge deemed frivolous, leading to sanctions. Their history suggests a deep alignment with Trump’s base and a penchant for controversial legal battles, possibly motivating their current action to support Trump’s allies.
Government Response and Internal Dynamics
The Justice Department, under Trump, has taken punitive actions against prosecutors involved in January 6 cases, firing or demoting several. This internal shift may indicate a sympathetic stance toward the pardoned rioters. Additionally, the department is discussing a settlement in the wrongful-death lawsuit of Ashli Babbitt, a rioter killed during the Capitol attack. These actions suggest potential vulnerabilities in the government’s defense, which the plaintiffs may exploit in their lawsuit.
Implications and Broader Significance
The lawsuit’s outcome could set precedents for future cases involving political allies and government treatment. It highlights tensions between justice and political influence, raising concerns about bias in legal proceedings. The case also underscores the enduring impact of January 6, 2021, on U.S. politics and justice. The legal battle may influence public perception of the legal system’s fairness and independence, with potential ramifications for democracy and the rule of law.