A Justice Department official predicted large financial payouts for Capitol riot defendants months before the Trump administration unveiled a 1.776 billion dollar compensation fund this week, according to two people with direct knowledge of a conversation between the official and a Republican operative.
Ed Martin, a Trump administration figure who oversees clemency matters, met with Republican operative Norm Coleman at the Waldorf Astoria's Peacock Alley in Washington earlier this year. During the breakfast, Martin estimated the Justice Department would distribute roughly 40 million dollars to defendants who were charged and later pardoned in connection with the January 6, 2021 Capitol riot, the sources said. The actual fund proved dramatically larger.
Martin did not respond to requests for comment. Coleman, a former Minnesota senator, said the conversation had been "taken out of context" and declined further discussion. The White House referred inquiries to the Justice Department, which stated that Martin "did not make these remarks" without specifying which comments were disputed.
The fund was created as part of a settlement with President Trump, who sued the executive branch he oversees in an unprecedented legal maneuver. Trump, his sons, and the Trump Organization sued the Internal Revenue Service over a tax return leak and pursued claims tied to the 2022 search of his Florida home and the 2016 election interference investigation. The compensation pool emerged from the agreement to drop those claims.
Acting Attorney General Todd Blanche told the Senate Appropriations Committee on Tuesday that a five-member commission would evaluate applications and determine payouts. Blanche and other Justice Department officials would choose four commissioners, with Congress consulted on the fifth. Trump retains the power to remove commissioners at will.
Blanche suggested a broad eligibility window. "Whether you're Hunter Biden, or whether you're another individual who believed they were a victim of weaponization, they can all apply," he said, referencing Biden's son. However, Blanche insisted that approval was not automatic and that January 6 rioters would not receive guaranteed payments simply by filing an application.
Vice President JD Vance said the administration would evaluate cases individually, "including possibly those accused of harming police." The president has characterized Capitol rioters as peaceful protesters and has pardoned or reduced sentences for the majority of the roughly 1,500 people charged by the Justice Department in what remains the largest single prosecution in departmental history.
Martin has been instrumental in the push for financial relief for Capitol defendants. He spoke at the Capitol on January 5, 2021, calling for "die-hard true Americans" to "stop the steal" of the 2020 election. He later hosted fundraisers for riot defendants on Trump properties and was named interim top federal prosecutor in Washington, D.C., where he oversaw the dismissal of hundreds of cases against January 6 participants.
Republican Senator Thom Tillis of North Carolina blocked Martin's confirmation as permanent prosecutor, citing Martin's support for what he called "reparations" for January 6 defendants. In a May 2025 podcast interview, Martin stated that people wronged by the government should be made whole. "We should do it, we shouldn't be afraid," he said. "You're damn right I want to pay J6ers."
Two lawyers representing more than 400 Capitol riot participants said Tuesday they expect their clients to pursue compensation through the new fund rather than continue litigation. Mark McCloskey, a St. Louis attorney leading one legal effort, said he was "pretty darn excited" about the announcement, noting it aligned with proposals his team had been pitching to the White House for over a year.
"It's a program that we've been lobbying for for the past 13, 14 months, and I couldn't be happier that it's finally coming to fruition," McCloskey said. Peter Ticktin, another lawyer involved in the effort, suggested that Acting Attorney General Blanche accelerated the fund's creation to impress the president, who has not confirmed whether Blanche will be nominated for the permanent attorney general post. Blanche has denied he is auditioning for the role but called it an honor to be considered.
The fund has drawn sharp criticism from Democrats, who labeled it a slush fund for Trump allies, and from some Republicans. Senate Majority Leader John Thune said Tuesday, "Not a big fan. I'm not exactly sure how they would use it." Democracy Forward, a legal watchdog group, demanded that Trump officials preserve internal communications about the fund's creation, signaling an anticipated legal challenge. The group argued the fund lacked legal authority.
Unlike civil litigation, which involves judicial oversight and public proceedings, the compensation process will operate with minimal transparency. The Justice Department fund will have no outside judicial review, and there will be limited ability to scrutinize how taxpayer money is distributed or to whom funds are awarded.
The arrangement raises troubling precedent questions. Last year, January 6 defendant Andrew Paul Johnson posted online that he expected "restitution" from the Trump administration. Months later, after his arrest on child molestation charges, law enforcement said Johnson attempted to bribe a victim using money he anticipated receiving from the fund. Johnson was convicted and sentenced to life in prison earlier this year.
At the Senate hearing, Senator Chris Van Hollen, a Maryland Democrat, asked whether Blanche could confirm that Johnson would be barred from receiving compensation. Blanche called the case's details "disgusting" but would not commit to excluding Johnson from eligibility.
Author Sarah Mitchell: "A billion-dollar compensation scheme with minimal oversight and loose eligibility standards is a recipe for abuse, not justice."
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