⚡ 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.
Margaret’s heel struck the cream leather chair hard enough to lift one side off the carpet...
"""The edge of the table caught Claire below the cheekbone.
The Night Their Mother Claimed the House, Everything Their Father Left Behind Began to Break
""Margaret slapped Daniel hard enough to turn his head and knock the brown legal envelope from his hand.
The Night Emma’s Family Finally Heard What Her Silence Had Been Saying
""Daniel slapped Emma before she could reach the service door.
The Night Elena Forced Manhattan’s Most Powerful Family to Choose Between Blood and Truth
""Adrian’s hand cracked across Damian’s face before the biometric door had finished sealing behind him.
What Ethan Carried Into His Father’s Wedding Changed Every Promise in the Room
"Vanessa slapped Laura before Daniel could take the papers from her hand.
The Night a Gold Pendant Broke Open and Left a Family With Nowhere to Hide
"Victoria Vale slapped Maya Reyes before Maya had even understood that the woman was speaking to her.
The Woman Victoria Crane Struck in Public Held the Debt Beneath Her Entire Empire
"""Victoria Crane’s palm cracked across Elena Vale’s face before anyone in the underground gallery had time to decide whether the argument was serious.
The Locked Hatch at Sophie’s Birthday Changed What Rachel Was Willing to Save
"Rachel Mercer drove the sole of her white sneaker into the brass latch before anyone on the yacht could stop her.
The Day Their Perfect Family Photograph Stopped Telling the Truth
"Rachel Carter slapped her husband before the thunder had finished shaking the glass roof above them.
The Trophy Vanessa Tried to Humiliate Became the One Thing Nobody Could Ignore
"Vanessa Cole ripped the wooden trophy out of Lily Mercer’s hands before anyone in the mountain lounge understood she meant to take it, swung open the brass screen of the stone fireplace, and tossed the little thing onto the gray ash in front of the flames.
The Night a Nine-Year-Old Broke the Rule Everyone Else Trusted
"The brass poker struck the black ski boot hard enough to split the white plaster shell, and nine-year-old Owen Mercer shouted before anyone could grab him.
After the Slap, Everyone on the Yacht Learned What Silence Could Cost
"Celeste Rowan slapped Vivian Hale hard enough to turn her face toward the rain-black glass, and for one strange second the loudest sound in the room was still the electric clippers buzzing in Celeste’s other hand.
The Night Sophie Carter Stopped a Private Jet and Forced Everyone to Listen
""The luggage cart hit the marble hard enough to make six strangers turn at once.
The Boy Who Came Through the Storm Carried a Truth Claire Couldn’t Put Back
"Claire’s palm hit Daniel’s face before she had time to decide whether she was the kind of woman who slapped her husband.