Trump says the government owes him “a lot of money” because of the federal investigation. Here’s how he can get paid

WASHINGTON (AP) — President Donald Trump has indicated he is entitled to compensation from the federal government because of investigations he faced that he claims were politically motivated. Now, the Trump-controlled Justice Department can agree to pay massive damages with taxpayer dollars.

The Republican president’s comments in the Oval Office on Tuesday highlighted a law under which people could seek damages if they believe they have been wronged by the federal government.

But the prospect of the president getting taxpayer money from the same government he leads has raised many ethical questions, especially since Trump has made cutting federal spending a top priority for the administration.

Read more: US debt stands at $38 trillion, following the fastest $1 trillion accumulation outside the pandemic

Adding to concerns about conflicts of interest is the fact that senior Justice Department officials who would supposedly sign off on such a settlement have previously served as defense attorneys for the president or his close allies.

Here’s a look at Trump’s claims and the process that could take place:

How does the claims process work?

Before reclaiming the White House, Trump filed two claims with the Justice Department seeking $230 million in damages related to a 2022 FBI search of his Mar-a-Lago property for classified documents and for a separate investigation into possible ties between Russia and his 2016 presidential campaign, The New York Times reported Tuesday.

He filed the claims in 2023 and 2024 under a law that allows individuals to sue federal agencies, such as the Department of Justice, if they believe they have been harmed by employees of those agencies acting within the scope of their duties. Under the Federal Tort Claims Act, individuals must first file an administrative claim with the government agency. The agency then has six months to either settle the claim or deny it outright.

If the agency denies the claim or does not act on it within that time frame, the person can then file a federal lawsuit. Trump has yet to file a lawsuit over either claim, despite six months having passed.

The usual source of payments for claims against the government is from what is known as a judgment fund. Treasury Department records show payments from the adjudication fund over the past year on behalf of a large number of federal agencies related to discrimination claims, privacy law violations and other matters.

In one recent high-profile case, the Justice Department in 2024 agreed to pay more than $138 million to settle 139 administrative lawsuits brought by people who accused the FBI of grossly mishandling sexual assault allegations against Larry Nassar in 2015 and 2016.

Why does Trump say the government owes him money?

Trump has long claimed that he was the victim of a weaponized Justice Department that targeted him for political purposes. The Biden administration’s Justice Department abandoned the two criminal cases it filed against Trump after he won the White House last November because of the department’s policy against prosecuting a sitting president.

The president signaled his interest in compensation during an appearance at the White House last week with Deputy Attorney General Todd Blanche, FBI Director Kash Patel and Attorney General Pam Bondi — telling reporters, “I’m suing myself” — though his claims so far have not been filed as lawsuits. He said he believes the government owes him “a lot of money,” but suggested he could donate or use any taxpayer money to help pay for the ballroom he is building at the White House.

One administrative suit, filed in August 2024 and reviewed by The Associated Press, seeks $115 million in compensatory and punitive damages over the search of his Mar-a-Lago property and the resulting case alleging he stored secret documents and thwarted government efforts to recover them.

It accuses former Attorney General Merrick Garland, former FBI Director Christopher Wray, and Justice Department Special Counsel Jack Smith of harassing and targeting Trump through a “malicious prosecution” in an attempt to damage Trump’s bid to reclaim the White House.

The other claim is seeking damages related to the long-ended investigation between Trump and Russia, which continues to anger the president, the Times said.

Trump’s defense lawyers and allies could have the final say

Trump’s claims raise thorny ethical issues because under Justice Department policy, proposed settlements worth more than $4 million must be approved by a deputy attorney general or assistant attorney general. Blanche, a deputy district attorney, was one of Trump’s lead defense attorneys in the Mar-a-Lago investigation. Assistant U.S. Attorney Stanley Woodward represented Trump’s valet and co-defendant, Walt Nauta, in the same case.

The department did not say whether Blanche and Woodward would be excluded from settlement talks, but said in a statement Tuesday that “in any circumstances, all officials at the Department of Justice follow the guidance of professional ethics officers.” However, in July, Bondi fired the department’s top official responsible for advising the attorney general and deputy attorney general on ethics issues.

Democrats plan to investigate

Democrats retaliated against the news, announcing that Representative Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, would launch an investigation into what they called “racketeering” that violates the Constitution.

It was not immediately clear what form that investigation might take, but it seems unlikely that Raskin or other Democrats would get any cooperation from Justice Department leadership, especially in the wake of Bondi’s combative appearance in Congress earlier this month.