DOJ Says Certain Jan. 6 Defendants Ought to Receive Reimbursements for Funds Sent to Congress
Prosecutors claim that individuals whose convictions have been overturned are eligible to receive reimbursement for the restitution they have previously paid.
TroibNews 
On Tuesday, the Justice Department announced that defendants from the Jan. 6 riots, whose convictions were overturned by President Donald Trump, are eligible for refunds of restitution payments made for damages to the Capitol.
This determination could prompt numerous payouts from the federal government to help cover around $3 million in damage caused during the Capitol riot on January 6, 2021.
The department communicated its stance in a filing to U.S. District Judge Tanya Chutkan, who is considering a request from one defendant for repayment of the $500 he paid to the Architect of the Capitol following his misdemeanor conviction.
Defendant Stacy Hager argued in February for reimbursement, as his conviction was nullified after Trump granted clemency to over 1,500 individuals involved in the incident.
The Justice Department's response came on Tuesday. "The government agrees that Hager is entitled to the return of those funds," Assistant U.S. Attorney Adam Dreher stated.
Most individuals convicted for their involvement in the Capitol riots were mandated to pay restitution to the Architect of the Capitol, the congressional office responsible for maintaining the building. Those convicted of felonies typically paid $2,000, while those found guilty of misdemeanors usually paid $500.
The exact total of restitution payments made by convicted Jan. 6 defendants remains unclear, but CBS reported last year that the amount was approximately $437,000, roughly 15% of the estimated $3 million in damages inflicted.
The Architect of the Capitol's spokesperson did not provide a response to a request for comment.
Spokespeople for U.S. Attorney Ed Martin, who was one of Trump's lead prosecutors in Washington, D.C., also did not respond promptly to inquiries. Martin, prior to his new role, had been an advocate for Jan. 6 defendants and had collaborated with an organization that supported their legal representation. He personally assisted several defendants before working with Trump to dismantle the investigation surrounding the attack.
Martin has previously suggested the idea of financial reimbursements for Jan. 6 defendants, referring to them as "reparations" for what he has characterized as unfair prosecutions of Trump supporters. “We should have reparations for them,” he said during a podcast in January 2024. “They should get a big pot of money.”
On January 6, 2021, thousands of Trump supporters stormed the Capitol in an attempt to prevent the transfer of power to Joe Biden. The rioters broke windows, vandalized property, stole equipment and artifacts, and caused damage to some of the Capitol's historic chambers.
The Trump administration's position on reimbursements does not extend to all 1,600 individuals charged in the Jan. 6 events. Prosecutors clarify that refunds will be available only to those whose cases were actively under appeal at the time the clemency was granted by Trump.
Following Trump's clemency decision, appeals courts suspended all proceedings and "vacated" the convictions, effectively erasing them. According to the Justice Department, defendants who received pardons but did not have active appeals are not eligible for refunds, as their convictions still exist.
“Generally, a pardon ‘does not make amends for the past,’” Assistant U.S. Dreher explained, referencing 19th-century legal precedent. “‘It does not give compensation for what has been done or suffered, nor does it impose upon the government any obligation to give it.’”
The Justice Department did not specify where the funding for these reimbursements would come from. Dreher's filing notes that since the Architect of the Capitol is a “governmental entity,” this assesses Hager’s entitlement to a refund for his restitution payment.
Ramin Sohrabi for TROIB News
This determination could prompt numerous payouts from the federal government to help cover around $3 million in damage caused during the Capitol riot on January 6, 2021.
The department communicated its stance in a filing to U.S. District Judge Tanya Chutkan, who is considering a request from one defendant for repayment of the $500 he paid to the Architect of the Capitol following his misdemeanor conviction.
Defendant Stacy Hager argued in February for reimbursement, as his conviction was nullified after Trump granted clemency to over 1,500 individuals involved in the incident.
The Justice Department's response came on Tuesday. "The government agrees that Hager is entitled to the return of those funds," Assistant U.S. Attorney Adam Dreher stated.
Most individuals convicted for their involvement in the Capitol riots were mandated to pay restitution to the Architect of the Capitol, the congressional office responsible for maintaining the building. Those convicted of felonies typically paid $2,000, while those found guilty of misdemeanors usually paid $500.
The exact total of restitution payments made by convicted Jan. 6 defendants remains unclear, but CBS reported last year that the amount was approximately $437,000, roughly 15% of the estimated $3 million in damages inflicted.
The Architect of the Capitol's spokesperson did not provide a response to a request for comment.
Spokespeople for U.S. Attorney Ed Martin, who was one of Trump's lead prosecutors in Washington, D.C., also did not respond promptly to inquiries. Martin, prior to his new role, had been an advocate for Jan. 6 defendants and had collaborated with an organization that supported their legal representation. He personally assisted several defendants before working with Trump to dismantle the investigation surrounding the attack.
Martin has previously suggested the idea of financial reimbursements for Jan. 6 defendants, referring to them as "reparations" for what he has characterized as unfair prosecutions of Trump supporters. “We should have reparations for them,” he said during a podcast in January 2024. “They should get a big pot of money.”
On January 6, 2021, thousands of Trump supporters stormed the Capitol in an attempt to prevent the transfer of power to Joe Biden. The rioters broke windows, vandalized property, stole equipment and artifacts, and caused damage to some of the Capitol's historic chambers.
The Trump administration's position on reimbursements does not extend to all 1,600 individuals charged in the Jan. 6 events. Prosecutors clarify that refunds will be available only to those whose cases were actively under appeal at the time the clemency was granted by Trump.
Following Trump's clemency decision, appeals courts suspended all proceedings and "vacated" the convictions, effectively erasing them. According to the Justice Department, defendants who received pardons but did not have active appeals are not eligible for refunds, as their convictions still exist.
“Generally, a pardon ‘does not make amends for the past,’” Assistant U.S. Dreher explained, referencing 19th-century legal precedent. “‘It does not give compensation for what has been done or suffered, nor does it impose upon the government any obligation to give it.’”
The Justice Department did not specify where the funding for these reimbursements would come from. Dreher's filing notes that since the Architect of the Capitol is a “governmental entity,” this assesses Hager’s entitlement to a refund for his restitution payment.
Ramin Sohrabi for TROIB News
