DOJ Official Told GOP Ally Jan. 6 Payouts Were Coming

A Trump administration official told a Republican ally that the Justice Department would distribute millions of dollars to January 6 defendants, months before the $1.776 billion “Anti-Weaponization Fund” was announced this week, according to two people with direct knowledge of the conversation who spoke to NBC News.

The revelation has intensified scrutiny of the fund, which was created as part of a settlement resolving President Donald Trump’s $10 billion lawsuit against the Internal Revenue Service over the leak of his tax returns.

The Breakfast Meeting

Earlier this year, Ed Martin — then head of the Justice Department’s “weaponization” working group — met with former Sen. Norm Coleman (R-MN) for breakfast at the Peacock Lounge in the Willard InterContinental Hotel near the White House. According to two people with direct knowledge of the conversation, Martin predicted the Justice Department would pay out approximately $40 million to January 6 defendants who had been charged and later pardoned by Trump.

The actual fund, announced on May 18, is $1.776 billion — vastly exceeding Martin’s prediction. The amount was chosen as a reference to the year of American independence.

Coleman told NBC News that the people who reported the conversation “must have taken part of a conversation totally out of context” and said he had “no interest in discussing snippets of breakfast conversation with a friend.” Before the fund was announced, a Justice Department spokesperson said Martin “did not make these remarks,” though they did not specify which aspect was in dispute.

How the Fund Was Created

The Anti-Weaponization Fund was established as part of a settlement in which Trump dropped his $10 billion lawsuit against the IRS. Trump, his sons Donald Jr. and Eric, and the Trump Organization had sued the agency in January 2026, alleging it failed to prevent contractor Charles Littlejohn from leaking Trump’s tax returns to The New York Times and ProPublica.

As part of the settlement, Trump and his sons received a formal apology but no direct monetary payment. However, as The Guardian reported, the publicly available terms do not explicitly prohibit Trump or his family from receiving payments from the fund. Additionally, the IRS was permanently barred from auditing Trump, his family, or his businesses — eliminating a dispute over a $72.9 million tax refund Trump claimed.

The fund will be overseen by a five-member commission, with four members appointed by acting Attorney General Todd Blanche and one appointed in consultation with Congress. Trump can remove any commissioner without cause. The fund sends quarterly confidential reports to the Attorney General but has no requirement for public disclosure of who receives payments.

Ed Martin’s Longstanding Advocacy

Ed Martin has been one of the most vocal supporters of January 6 defendants within the Trump administration. In a May 2025 interview with a conservative podcaster, Martin said: “We should do it, we shouldn’t be afraid. You’re damn right I want to pay J6ers. If you got wronged by the government, then you should be made right. That’s America.”

After the fund was announced, Martin posted on X: “To the survivors of political weaponization: The lesson of the last few days is to never stop fighting. Never stand down, never disarm, and follow the lead of President Trump who never stops fighting.”

Martin, who previously served as interim U.S. Attorney for D.C. and oversaw the dismissal of hundreds of Jan. 6 cases, currently serves as U.S. Pardon Attorney. His permanent confirmation as D.C. U.S. Attorney was blocked by Sen. Thom Tillis (R-NC) due to his support for Jan. 6 defendants.

Bipartisan Skepticism and Legal Challenges

The fund has drawn criticism from both Democrats and some Republicans. Senate Majority Leader John Thune (R-SD) said he was “not a big fan” of the fund and didn’t “see a purpose for that.” Rep. Alexandria Ocasio-Cortez (D-NY) called the settlement “outright corruption.”

Acting Attorney General Todd Blanche testified before the Senate Appropriations Committee on May 19, saying that anyone may apply for compensation, including Hunter Biden, but that applying does not guarantee payment. He declined to say whether January 6 rioters who assaulted police would be barred from receiving money.

Vice President JD Vance said applications would be evaluated on a “case-by-case basis,” declining to rule out payments to those convicted of assaulting police officers. “We’re trying to compensate people where the book was thrown at them, they were mistreated by the legal system,” Vance said.

Watchdog groups have pledged legal challenges. Skye Perryman of Democracy Forward said “there is no legal authority for this settlement.” Treasury Department general counsel Brian Morrissey resigned in protest over the settlement on May 20.

What to Watch

The fund faces likely legal challenges from congressional Democrats and watchdog groups. Questions remain about who will serve on the five-member commission, what criteria they will establish, and whether Congress can intervene to block or modify the fund through appropriations. The controversy is expected to become a campaign issue ahead of the 2026 midterm elections.

As Wikipedia notes, the settlement establishes a framework where a president can sue an executive branch agency and settle with his own administration, potentially bypassing judicial review — a precedent that legal experts say raises significant constitutional questions.