Hell No! J6'ers Convicted & Fined Don't Deserve Refunds For Damage Even Though Pardoned

Jan 26, 2026 01:31 PM EST, Mon

With pardons in hand, many Jan. 6 rioters are demanding taxpayer-funded compensation

Many paid restitution to the government. Now with the administration’s blessing, money may flow the other way.

Jan. 21, 2026, 12:45 PM EST By Steve Benen

The day after the Jan. 6 attack, Donald Trump was under enormous political pressure, with some congressional Republicans openly talking about trying to remove him from office before the end of his term. In damage-control mode, the president delivered public remarks, reading carefully from a prepared text.

“The demonstrators who infiltrated the Capitol have defiled the seat of American democracy,” Trump said, taking a position he’s since rejected. He added, “To those who engage in the acts of violence and destruction: You do not represent our country, and to those who broke the law: You will pay.”

Five years later, it appears he misspoke. “You will pay” has given way to “We will pay you.” The Washington Post reported:

At least eight Jan. 6 defendants are pursuing refunds of the financial penalties paid as part of their sentences, according to a Post review of court records. … Others are filing civil lawsuits against the government seeking millions of dollars, alleging politically tainted prosecutions and violations of their constitutional rights. Hundreds more have filed claims accusing the Justice Department, the FBI and other law enforcement agencies of inflicting property damage and personal injuries, according to their lawyer.

By all appearances, the Republican administration thinks this is a great idea. Indeed (as if Trump hadn’t already done enough for Jan. 6 rioters), the president broke new ground last spring when he endorsed the idea of a possible “compensation fund” for those who attacked the U.S. Capitol in his name. He didn’t elaborate on the details, but taken at face value, he appeared to be describing what would effectively be financial rewards for the criminals he pardoned.

Weeks later, Trump’s Justice Department brought the effort into focus, arguing in a court filing that pardoned Jan. 6 defendants are entitled to a refund of restitution payments they made to cover damage to the Capitol.

In August, a federal judge grudgingly authorized a $2,200 refund to a Jan. 6 rioter whose felony conviction was undone by Trump. Now others are lining up for similar payments.

New York Rep. Joe Morelle (D-NY25), the top Democrat on the House Administration Committee, which oversees the Capitol’s security and operations, told the Post, “Donald Trump and the DOJ want taxpayers to reimburse a violent mob for the destruction of the U.S. Capitol. The Jan. 6 nightmare continues.”

A USA Today report explained last year, “Most defendants convicted for the Capitol insurrection were required to pay restitution to the Architect of the Capitol, who maintains the building and grounds, to help cover the costs of repairing the estimated $3 million in damage. Those convicted of felonies typically paid $2,000 and those convicted of misdemeanors typically paid $500.”

There’s still some question as to just how much money has been recovered, but the Post’s report said the total is less than $665,000.

Now, with the support of the Trump administration, money is poised to start flowing in the opposite direction.

Sens. Alex Padilla (D-CA) and Sheldon Whitehouse (D-RI) are championing legislation to prevent rioters from receiving government payouts. The bill, however, is likely to fail for the most obvious of reasons: It’s a Republican-led Congress, and the proposal has no Republican cosponsors.

This post updates our related earlier coverage.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

January 6, 2021 Insurrection

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