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DOJ Refuses Restitution Refund for Pardoned Jan. 6 Defendant

The department says refunds are unavailable when a conviction was final at the time of a presidential pardon, a legal rule now headed to the D.C. Circuit for a binding decision.

Overview

  • Justice Department prosecutors filed in court that Felicia Konold cannot recover $2,000 in restitution because her conviction was final when President Trump granted a pardon.
  • Konold pleaded guilty to obstructing law enforcement for breaching police barricades on Jan. 6, served 45 days in prison, and was ordered to pay restitution to fund Capitol repairs.
  • The DOJ has taken a narrower rule in filings, saying pardons erase obligations for defendants whose appeals were pending when pardons issued but not for defendants with final, unvacated convictions.
  • The D.C. Circuit is weighing appeals from multiple pardoned Jan. 6 defendants and will decide whether the appeals-based distinction or earlier district-court rulings that returned restitution become the uniform law.
  • Earlier this year the Justice Department proposed a roughly $1.8 billion compensation fund from an IRSTrump settlement that was later shelved, and Acting Attorney General Todd Blanche has urged claimants to pursue civil suits instead.