A team of lawyers is preparing to sue the federal government on behalf of hundreds of people pardoned by President Trump for their role in the attack on the Capitol on Jan. 6, 2021, claiming that the rioters were mistreated by agencies like the Justice Department and the Bureau of Prisons.
The lawyers leading the effort include Mark McCloskey, who rose to prominence five years ago after he pointed an AR-15-style rifle at social justice protesters outside his home in St. Louis, and Peter Ticktin, a former classmate and longtime ally of Mr. Trump.
Even before Mr. Trump granted clemency to all of the nearly 1,600 people prosecuted in connection with Jan. 6, many defendants had been itching to seek damages from the federal government. The president’s sweeping reprieves have only emboldened them in their efforts to claim they are the victims, not the perpetrators, of the attack.
Any attempt to sue the federal government over Jan. 6 could face an uphill climb in court, although in this instance the lawyers could be aided by the government itself.
It remains unclear at this point how Justice Department officials appointed by Mr. Trump might handle a case claiming that federal prosecutors, F.B.I. agents and prison guards mistreated Jan. 6 defendants. The department could decide not to mount a robust defense and simply seek to settle any claims before they go to trial.
A handful of rioters — including one with ties to the Proud Boys and another with connections to the Oath Keepers militia — have already filed suit against federal officials and local law enforcement agencies in Washington. But those cases have not gained much traction in the courts.
