A $100 million lawsuit filed by the Proud Boys could force President Donald Trump's administration into testifying against itself, according to legal analyst and former federal prosecutor Shan Wu.
In his MSNBC column, Wu noted he believes the suit is “legally unsound — but it has an excellent chance of success.”
The plaintiffs claim their constitutional rights were violated by the Justice Department and the FBI when they were placed in jail for attempting to prevent Congress from certifying the 2020 election.
Trump has already pardoned or commuted the sentences for many Jan. 6th protesters — including leaders of the Proud Boys who were convicted of seditious conspiracy. Wu said this lawsuit could essentially give the insurrectionists “reparations.”
“Both the language in the pardon and commutations and Trump’s characterizations and apologies make a settlement nearly the only outcome,” Wu said.
The former federal prosecutor is stood a good chance of success because of “the absurdity of Trump and other Trump administration officials testifying against DOJ’s defense of its actions — in essence, the administration testifying against itself.”
The likelihood of this, Wu said, is “non-existent.”
Even before this lawsuit, the actions of the group were costing taxpayers billions of dollars.
“The damage caused by the Jan. 6 attack is estimated by Congress’ audit arm to be $2.7 billion, of which only $3 million was to be repaid in the form of restitution by Jan. 6 defendants,” Wu said. “Whatever restitution was owed is wiped clean by the pardons and commutations, and the DOJ has already supported giving a refund to the defendants of any money already paid.”
If there is a settlement from this lawsuit, it could have even more of an impact.
“Such an income stream fits well with Trump’s idea of creating a ‘compensation fund’ for pardoned Jan 6 rioterseven as it would,” Wu said before quoting History professor Allan J. Lichtman saying even the idea of reparations for these protesters sends a “horrendous message” that would legitimize “violent insurrections.”
Wu added, “Essentially, the Trump administration could be creating reparations packages for Jan. 6 rioters.”