Jan. 6 defendants whose convictions were wiped out by President Donald Trump are entitled to a refund of restitution payments they made to cover damage to the Capitol, the Justice Department said Tuesday.
The department’s determination could result in hundreds of payouts from the federal government intended to cover the cost of repairing about $3 million in damage to the Capitol from the riot on Jan. 6, 2021.
The administration revealed its position in a filing to U.S. District Judge Tanya Chutkan, who is weighing one defendant’s request to be repaid the $500 in restitution he sent to the Architect of the Capitol after his conviction on misdemeanor charges.
The defendant, Stacy Hager, argued in February that he should be reimbursed now that his conviction has been erased as part of President Donald Trump’s sweeping grant of clemency to more than 1,500 people charged in the attack.
The Justice Department did not respond until Tuesday.
“The government agrees that Hager is entitled to the return of those funds,” Assistant U.S. Attorney Adam Dreher wrote.
Most defendants convicted for their roles in the Capitol attacks were required to pay restitution to the Architect of the Capitol, the congressional office responsible for the maintenance of the building. Those convicted of felonies typically paid $2,000 and those convicted only of misdemeanors typically paid $500….