⚡ Breaking in D.C. — Obama-appointed judge drops bombshell ruling on Jan. 6 case! See below for details!👇
A fourth federal judge has now turned down a request from a defendant involved in the January 6 incident who sought a refund of restitution that was paid prior to receiving a pardon from President Donald Trump.
The most recent denial pertains to a rioter from Texas who, as stated by the Justice Department, openly boasted about his involvement in the Capitol breach of 2021 on Facebook, sharing photos and videos of himself trespassing during the assault, as reported by Law & Crime.
U.S. District Judge Tanya Chutkan, appointed by Obama, is the latest to dismiss a request for the reimbursement of restitution and fines, following a filing made in February by Stacy Hager, aged 61.
Hager, who was found guilty in 2023 on four misdemeanor charges related to the Capitol breach, requested a refund of the $570 he was mandated to pay, according to the outlet.
Federal prosecutors supported Hager’s request, as they have done for other January 6 defendants, contending that there was “no longer any basis justifying the government’s retaining funds.” However, Chutkan was not persuaded, citing three other recent rejections, all of which occurred in her district in Washington, D.C.
“At least three other judges in this district have denied similar motions where defendants sought reimbursement for fines and fees associated with their now pardoned criminal convictions,” Chutkan noted in her three-page order, which she issued last Thursday.
“The government concurs, acknowledging that pardons generally do not ‘make amends for the past’ nor do they provide any ‘relief for what has been suffered by the offender,’” the judge remarked. “Yet, it adopts the peculiar stance that in this ‘unusual situation,’ reimbursement is warranted.” Chief U.S. District Judge James Boasberg, along with Judges Royce Lamberth and Randolph Moss, are among the D.C. judges who have recently rejected similar requests for restitution refunds from January 6 defendants, as reported by Law & Crime.
On June 30, Boasberg denied a request from a couple in Maryland who sought the return of approximately $1,000 in restitution. Moss rejected a claim from a pardoned former U.S. Marine from New Jersey, while Lamberth dismissed the case of Utah defendant John Sullivan.
In her ruling last week, Judge Chutkan reiterated the rationale of her fellow judges, citing the U.S. Supreme Court’s 1877 decision in Knote v. United States. This ruling characterized a pardon as “an act of grace” that does not restore “rights or property once vested in others as a result of the conviction and judgment.”
“A pardon cannot permit reimbursement once money has ‘been paid to a party to whom the law has assigned them,’ because the party’s ‘rights . . . have become vested, and are as complete as if they were acquired in any other legal way,’” Chutkan stated in her ruling.
Trump’s broad pardon of January 6 rioters encompassed Hager, one of over 1,500 defendants who have received clemency since the president commenced his second term in January.
The Justice Department contended that Hager’s situation was distinct, along with others whose convictions were similarly “invalidated,” because he was not merely pardoned. Rather, the government took the extraordinary measure of vacating his case entirely while it remained under appeal, according to the outlet.
“Here, Hager’s conviction was ‘invalidated’ when the D.C. Circuit vacated it, and therefore ‘there is no longer any basis justifying the government’s retaining funds exacted only as a result of that conviction,’” wrote Assistant U.S. Attorney Adam Dreher.
Hager submitted his motion in late February, requesting reimbursement of fines, fees, and restitution.
In the case of Knote, the Supreme Court clarified that ‘a pardoned individual is not ‘entitle[d]’ to payments that have already been deposited into the United States Treasury, unless there is congressional authorization to withdraw the funds,’” concluded Chutkan. “Consequently, this court does not possess the authority to instruct the Architect of the Capitol to reimburse Hager’s $570.
Democrats swiftly criticized Trump’s choice to grant pardons to the majority of Jan. 6 defendants, while Republicans pointed out that the Biden Justice Department pursued and frequently secured disproportionately severe convictions for individuals charged with minor misdemeanors.
Other Jan. 6 defendants faced years of incarceration without being granted bail or having the opportunity to go to trial.
At the Gala Where Everyone Watched, One Family Rule Finally Became Impossible to Ignore
"""Natalie Brooks kicked the champagne table hard enough to send it skidding sideways across the black marble floor, and the two women gripping her arms let go when a dozen crystal flutes shattered at their feet.
The Night She Pushed His Chair and Changed What Everyone Could Still Believe
"""Vanessa Hale seized the handles of Adrian Cole’s wheelchair and shoved him backward hard enough that the chair rolled several inches across the cream marble before striking the base of the leather sofa with a muted thud.
The Boy in the Blizzard Wore a Name Arthur Hale Had Buried Six Years Ago
"""Vanessa kicked Ethan’s red mitten through the open terminal door and into the blizzard while her other hand twisted the front of his sweater hard enough to drag him backward across the wet stone floor.
The Slap That Silenced a Wedding and Changed Every Promise Made There
""Claire slapped Margaret before Daniel had time to understand why his fiancée was moving toward the older woman at all.
The Night Madison Learned Who Had Been Signing Her Name While She Slept
"Madison Carter slapped Vanessa Hale hard enough to turn her face toward the windows, and for one strange second the only sound in the penthouse was the handheld mirror landing softly on the cream blanket.
The Night Daniel Found His Daughter Kneeling Beside a Stain That Wasn’t Hers
""Victoria tipped the crystal glass with one red fingernail and watched the cranberry juice spread across the velvet carpet in front of five-year-old Sophie.
The Night Nathan Vale Learned What His Silence Had Cost His Daughter
"""Celeste kicked the silver tray out of the little girl’s hands so hard that it struck the cream marble on one corner, spun twice, and sent sparkling water across her black patent heel.
The Morning Claire Struck the Man She Loved and Uncovered a Worse Betrayal
"""Claire slapped Adrian before the penthouse office door had finished swinging shut.
The Boy Everyone Blamed at the Wedding Saw What the Adults Refused to See
"Noah kicked the bride’s chair so hard that it skidded sideways across the stone floor and struck another chair with a crack that made half the conservatory turn before Claire could even understand what had happened.
The Night Claire Left the Bracelet in Margaret’s Champagne and Changed Everything
"""Claire snapped the gold bracelet off her wrist so hard the clasp scratched her skin, then dropped it into Margaret Bell’s full champagne flute.
The Night Madeline Cross Learned What Her Engagement Ring Had Already Survived
"Sophie Lane caught Madeline Cross by the wrist before Madeline could walk away and said, “Daniel proposed to me first—and I have the video.”
The Night Emma Carter Learned What Her Husband Had Been Waiting For
"""Emma Carter slapped her husband so hard that the champagne glass slipped from his hand before his face finished turning.
The Day Victoria Hale Learned Grief Had Been Given Someone Else’s Name
"""Victoria Hale slapped her husband hard enough to turn his face toward the rain-streaked glass, and before Daniel Mercer could look back at her, she said, “You didn’t cheat on me. You hid my son.”
The Winter Checkpoint Where One Family Learned Their Names Could Betray Them
"Laura Mercer slapped her daughter’s hand away from the red envelope so hard that Emily struck the edge of the glove compartment and gasped.