Table of Contents
- Trump’s Unusual $230 Million Demand
- What Is the Federal Tort Claims Act?
- Ordinary Americans Rarely Succeed
- Why the FTCA Is a Legal Labyrinth
- The Case of George Retes Jr.
- A Two-Tier System?
- Sources
Trump’s Unusual $230 Million Demand
In a move that has stunned legal experts, former President Donald Trump is seeking $230 million from the U.S. government under the Federal Tort Claims Act (FTCA)—a law typically used by everyday citizens to seek redress for injuries caused by federal employees.
Trump’s lawyers filed two Standard Form 95 claims, alleging misconduct during FBI investigations into his handling of classified documents and efforts to overturn the 2020 election. But while Trump’s request has made headlines, it stands in stark contrast to the reality faced by most FTCA claimants: silence, denial, or outright dismissal.
What Is the Federal Tort Claims Act?
Enacted in 1946, the Federal Tort Claims Act allows private individuals to sue the U.S. government for certain wrongful acts by federal employees acting within the scope of their duties—such as car accidents involving postal vehicles or medical malpractice at VA hospitals.
But the law is riddled with exceptions. It explicitly bars claims related to “discretionary functions,” law enforcement operations, and constitutional violations—precisely the types of allegations Trump is making.
To even begin the process, claimants must file a Standard Form 95 detailing the incident and specifying a dollar amount. The government then has six months to respond. Most never hear back.
Ordinary Americans Rarely Succeed
For the average citizen, the odds of receiving compensation under the FTCA are slim. According to data from the Department of Justice, fewer than 10% of claims result in any payment—and those that do average under $20,000.
Even when evidence of misconduct is strong, procedural hurdles often block justice. Missing a deadline by one day? Denied. Filing in the wrong district? Rejected. And because the FTCA waives sovereign immunity only conditionally, courts frequently side with the government by default.
Why the FTCA Is a Legal Labyrinth
The FTCA isn’t designed for high-stakes political grievances—it’s a narrow administrative remedy with built-in safeguards to limit government liability. Key barriers include:
- The “discretionary function” exception: Shields policy-based decisions from lawsuits.
- Law enforcement proviso: Bars claims arising from “investigative or law enforcement activities.”
- Exhaustion requirement: You must file Form 95 before suing—and wait six months.
- No jury trials: All FTCA cases are decided by federal judges.
Legal scholars say Trump’s claims appear to fall squarely within these barred categories. “This isn’t just a long shot—it’s legally incoherent,” said one former DOJ attorney who spoke on background.
The Case of George Retes Jr.
George Retes Jr., an Army veteran and U.S. citizen, filed his own FTCA claim after being detained in a July 2025 immigration raid in California. He alleges he was slammed to the ground, handcuffed for hours without cause, and denied medical care despite visible injuries.
Like Trump, Retes submitted a Standard Form 95. But unlike Trump—who has a team of high-profile lawyers and media amplification—Retes has heard nothing. No acknowledgment. No investigation. No offer.
“I served this country,” Retes told The New York Times. “Now I’m treated like a criminal. And when I ask for accountability, they act like I don’t exist.”
A Two-Tier System?
Trump’s FTCA filings have reignited debate over whether the legal system treats powerful figures differently. While his claims are unlikely to succeed on the merits, the mere act of filing them generates political capital and media attention—a luxury most claimants can’t afford.
“The system isn’t broken for everyone,” said Michele Evermore, a senior fellow at the National Academy of Social Insurance. “It’s working exactly as designed—for those with resources and influence.”
For now, Trump’s $230 million demand remains a symbolic gesture. But for thousands of Americans like Retes, the FTCA represents a broken promise: that the government is accountable to the people it serves.
