Capitol Rioters May Receive Payouts After Trump's DOJ 'Agrees' Money Used to Fix Damage From Insurrection Could Be Returned

The Department of Justice (DOJ) announced that some Capitol riot defendants may receive refunds for restitution payments after their convictions were vacated by President Donald Trump's mass clemency order.

In the aftermath of January 6, 2021, more than 1,500 individuals were charged, with many convicted and ordered to pay restitution fees—typically $500 for misdemeanors and $2,000 for felonies—to the Architect of the Capitol. However, in January, Trump issued clemency, wiping away convictions for many who were still appealing their cases.

On Tuesday, the Justice Department filed a court document agreeing that one such defendant, Stacy Hager, is entitled to a $500 refund after his conviction was overturned due to the pardon, according to Politico.

"The government agrees that Hager is entitled to the return of those funds," Assistant U.S. Attorney Adam Dreher wrote in a filing to U.S. District Judge Tanya Chutkan.

DOJ prosecutors now say that others whose convictions were "vacated" while under appeal at the time of Trump's pardon are also eligible for reimbursement. This decision could trigger hundreds of payouts, though the exact number remains uncertain.

As of last year, Jan. 6 defendants had paid a combined $437,000 in restitution, representing only a fraction of the total repair costs.

While the DOJ supports refunding those whose convictions were legally erased, the department maintains that not all pardoned defendants qualify—only those with active appeals at the time of clemency.

Those who accepted pardons without contesting their convictions are unlikely to get their money back, according to long-standing legal precedent cited by prosecutors. The DOJ has not specified where reimbursement funds will come from, though it noted the Architect of the Capitol is a governmental entity, which factors into refund eligibility.