Jan. 6 Rioters File Class Action Lawsuit

A class action lawsuit has been filed by participants in the January 6th, 2021, insurrection at the U.S. Capitol, seeking $18 million in damages for alleged injuries. The suit claims the federal government is responsible for these injuries, despite the rioters’ involvement in the violent assault on the Capitol and Washington police officers.

The Plaintiff: A Rioter Seeking Redress

Paul Fischer, who was awaiting trial on felony charges related to the riot before receiving a pardon from President Donald Trump, is leading the lawsuit. Fischer was accused of pushing against law-enforcement officers protecting the Capitol and throwing objects at police. He and fellow plaintiffs, Patrick and Marie Sullivan, allege that law enforcement initiated the violence on January 6th, claiming the crowd was “overwhelmingly peaceful” before police action.

Contradictory Accounts of the Events

The lawsuit’s claim of a peaceful protest contradicts extensive evidence of violence and destruction on January 6th. Reports and footage from that day show rioters destroying furniture, scaling the walls of the Capitol, and assaulting police officers with weapons. The violence resulted in multiple deaths, including those of officers and Trump supporters. Over 725 people have been arrested, with nearly 230 charged with assaulting or impeding law enforcement.

Legal Experts Question the Suit’s Validity

Legal experts are skeptical of the lawsuit’s chances of success. Dennis Fan, a former DOJ prosecutor and Columbia Law School professor, explained that crowd control involves discretion and there’s “no playbook” for responding to a mob attacking the Capitol. The suit alleges officers failed to provide fair warning before using force, but Fan believes a court will likely find the officers acted appropriately.

DOJ’s Past Settlements Raise Concerns

The lawsuit gains added significance due to the Justice Department’s recent settlements with individuals connected to the January 6th riot. Last summer, the DOJ agreed to pay $5 million to the family of Ashli Babbitt, who was shot and killed by police while attempting to enter the Speaker’s Lobby. In March, $1.25 million was paid to Michael Flynn, the former national security advisor, over a wrongful prosecution claim.

Trump’s Pardons and Shifting Narratives

President Trump’s pardons of approximately 1,500 January 6th rioters, coupled with attempts to rewrite the narrative of the events, have emboldened some participants. Since the pardons, some individuals have been rearrested and charged with other crimes. Trump’s actions, including a campaign poster reframing the events of January 6th, signal a willingness to support those involved in the insurrection.

The Potential for Political Influence

Fan suggests the current DOJ may be influenced by political considerations. He stated, “The most cynical view of this is that the people who went and committed criminal conduct are trying to collect their bounty, and they see there’s a Department of Justice that, either correctly or incorrectly, is political.” The outcome of this lawsuit could set a precedent for future claims and further highlight the ongoing legal and political ramifications of the January 6th insurrection.