Slush Fund?

Facts about the $1.8 billion Anti-Weaponization Fund

President Trump and sons sued the federal government for its unauthorized release of their tax returns to the public. A settlement resulted, and it was agreed that a $1.8 billion fund would be established to compensate people (but not the Trumps) who were prosecuted on the basis of their political convictions.

The fund will be available to anyone making a credible and verified claim, regardless of party or politics. Even James Comey and Latitia James will have the opportunity to file claims. However, it is likely that most claims will be made by people who were excessively prosecuted for their actions in or near the Capitol on January 6, 2021. Critics say that Trump has established a “slush fund,” while supporters claim that the fund will be used for people who deserve compensation.

To determine whether those J6 prosecutions were excessive, I compared them to the prosecutions related to a similar event that took place 7 months earlier: the May-June 2020 White House and Lafayette Park riots. For each of those two events I considered the nature and amount of the crimes committed, the vigor of the prosecutorial efforts, and the reasonableness of the punishments rendered.

Although the J6 events are widely known, there has been relatively little news coverage of the May-June riots at the White House. For that reason, a summary of those events is presented here.

A review of the White House and Lafayette Park riots of 2020

Starting on May 29, 2020, thousands of protestors began a 3 to 4-day riot at the White House and nearby Lafayette Park. Although they were angry about the George Floyd killing, the riot was very political, and it was directed towards the Trump White House.

“Protestors attempted to breach the Treasury Annex,” and they “threw projectiles at officers, including bricks, rocks, water bottles, and gallons of milk.” They also “deployed fireworks, threw alcohol at government agents, fired pepper spray at officers, and attempted to hit them with burning objects” (DOJ Report). The historic St. John’s Church was set ablaze.

A large number of Secret Service and Park personnel were injured and treated onsite or at a local hospital (DOJ Report).

In an interview on Face the Nation, Attorney General Barr stated that 150 officers were injured by the thousands of protesters during the White House riots. That number is slightly greater than most estimates of “January 6^th” injuries.

Thus, a comparison of the injury rates indicates that the violence of these events was roughly equal.

Disparities in the prosecutorial efforts and amount of punishment

J6 PROSECUTIONS

With regard to J6 defendants, the DOJ was aggressive to an extreme. Anyone near the Capitol, regardless of age, was at risk of being charged – even months later. This included an 81-year old Army veteran and a couple of 71-year old “MAGA Grannies.”

The DOJ used several methods and technologies to identify alleged suspects, including cell phone “geofencing,” facial recognition, and anonymous tips. In total, 1,583 individuals were arrested. Hundreds were charged and nearly every one of them was convicted or forced into a plea agreement. Most of the prosecutions were for non-violent crimes such as trespassing.

Here are a few examples of potentially excessive J6 prosecutions. In each case the “criminal” was nonviolent.

Jacob Chansley, the guy with the horns, was sentenced to a 41 months for “obstruction,” despite being completely nonviolent. He was convicted before the release of video that showed him peacefully walking through the Capitol with police officers.

Enrique Tarrio was given a massive 22-year sentence plus additional supervised release – far more than many murderers receive. Tarrio was not even present at the Capital on January 6, although he was accused of planning J6 events remotely. Some people believe he was prosecuted primarily for being the leader of a controversial Trump-supporting organization called the “Proud Boys.”

Richard Barnett, the guy sitting at Nancy Pelosi’s desk. This non-violent offender was, sentenced to 54 months in prison (4.5 years). His junior high antics included putting his feet on Pelosi’s desk, leaving a vulgar note, and theft of one of her letters. For those crimes some jail time may be appropriate, but the 4.5 year prison sentence is obviously excessive.

Couy Griffing was a county commissioner in New Mexico. He was not violent, didn’t damage anything, and his only crime was one of trespass. Despite that, a leftwing group (CREW) was able to have him removed from office with the claim that he violated the 14^th Amendment “insurrection clause.”

2020 WHITE HOUSE PROSECUTIONS

In contrast to J6 Capitol rioters, rioters at the Trump White House received gentle treatment. Although hundreds of individuals threw rocks, used pepper spray on police, and breached security fences, very few were charged and almost no one faced jail time. This was the case even though their actions caused the Secret Service to send the President and his family to the White House bunker for nearly an hour.

The very definition of “violence” was differently defined for the two events. Any J6 protester using pepper spray was considered to be violent, and guilty of a felony. That was not the case for White House rioters. Although there were many people who aimed pepper spray at Secret Service agents and police, I could find no reports of anyone being charged for that.

Relative to the 2020 White House riots, only four individuals were arrested for breaching one of the security fences. Those people served zero days in prison and received no formal criminal sentences.

I can’t provide examples of prosecutions because there are so few. However, the rioting at the White House was part of the larger George Floyd riots, and I can address that, in a general way.

The left-wing publication called The Guardian acknowledged that very few George Floyd rioters were prosecuted. Presumably, those rioters included the ones at the White House and Lafayette Park.

“The vast majority of citations and charges against George Floyd protesters were ultimately dropped, dismissed or otherwise not filed, according to a Guardian analysis of law enforcement records and media reports in a dozen jurisdictions around the nation.”

The New York Post reported something similar.

“Hundreds of alleged looters and rioters busted last year in protests over George Floyd’s murder by police have had their charges dropped, according to NYPD data – figures ripped as ‘disgusting’ by a local business owner.”

And The Hill said something similar, but with an explanation.

“The majority of cases brought against demonstrators during the George Floyd protests are being dismissed, as prosecutors concluded they were exercises of basic civil rights” (emphasis added).

Conclusion

The prosecution of January 6^th Capitol rioters was excessive when compared to the treatment of 2020 White House rioters. Ultimately, the January 6^th defendants received commutations or pardons (in 2025). By then, however, many of them had already spent substantial time in prison, spent tens of thousands of dollars on legal defenses, and/or were fired from their jobs.

Perhaps the full $1.8 billion fund will not be required, but it is likely that a substantial fund will be needed to compensate people victimized by over-zealous, political prosecutors.

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