People who were ordered to pay the Architect of the Capitol, a congressional office that maintains the Capitol, for participating in the Jan. 6, 2021 Capitol riot may be reimbursed if their cases were in appeal by the time President Donald Trump pardoned them this year. Here’s the latest.
This Tuesday, the U.S. Department of Justice argued in a court filing cited by POLITICO that Stacy Hager, a man who was convicted on a misdemeanor charge for his participation in the riot but appealed the case, should be reimbursed. Hager first argued in February that he should be paid back the money he sent to the Architect of the Capitol, since Trump’s pardon essentially erased his conviction.
Hager’s case is before U.S. District Judge Tanya Chutkan, who presided over the election subversion case brought against Trump by special counsel Jack Smith and clashed with Trump during the proceedings. After Trump won the presidential election last November, Chutkan dismissed the case at Smith’s request, The Hill reported.
Trump pardoned around 1,500 people charged for their part in the deadly riot, including members of organizations that have been identified as hate groups. Footage from that day shows the crowds storming into the U.S. Capitol, damaging property and making violent threats. CBS News said last summer that damages from the event are estimated at $3 million.
Research into the riot found that the participants sought to prevent Congress from certifying votes for former President Joe Biden. Trump made frequent claims that the 2020 election was “stolen” from him and even held a rally in Washington D.C. shortly before the riot broke out. He has called it a “day of love.”
During Biden’s presidency, most defendants convicted for their roles in the attacks were required to pay restitution to the Architect of the Capitol, such as Hager, POLITICO reported. That office is responsible for the maintenance of the building. People convicted of felonies were typically required to pay $2,000 and those convicted of misdemeanors were typically required to pay $500. Per CBS, the amount collected as of last June amounted to approximately $437,000.
While Assistant U.S. Attorney Adam Dreher argued that Hager and others who had cases in appeal when Trump pardoned them should get reimbursements, it did not argue that those with cases not under appeal should be repaid. It did not identify which funds should be used for reimbursement.
“As a result of Trump’s decision, appeals courts halted all proceedings and “vacated” the convictions, essentially erasing them from the books,” explained POLITICO. “Defendants who were pardoned but did not have active appeals, the Justice Department argues, are not entitled to reimbursement because their convictions remain on the books.”
POLITICO said earlier this week that the spokesperson for the Architect of the Capitol did not respond to a request for comment, nor did U.S. Attorney Ed Martin. However, the outlet noted that Martin has been a vocal advocate for Jan. 6 defendants in the past.
In a Friday report, USA Today said that the office of the Architect of the Capitol and the DOJ had not responded to requests for comment on the issue.