'Need not embark on a lengthy exegesis': Boasberg joins growing chorus of judges in denying Jan. 6 restitution refund for couple that stormed Capitol together

Chief U.S. District Judge James Boasberg has rebuffed a petition from a Maryland mates who asked for astir $1,000 successful restitution to beryllium returned to them now that they person been pardoned by President Donald Trump for taking portion successful the 2021 Capitol attack.

The rejection came Monday, conscionable days aft different justice successful Washington, D.C. — U.S. District Judge Randolph Moss — swatted down a pardoned Jan. 6 suspect and erstwhile U.S. Marine who had asked for a refund, and astir a period aft Senior U.S. District Judge Royce Lamberth said nary to a akin petition from Utah suspect John Sullivan.

"The tribunal request not embark connected a lengthy exegesis of this contented due to the fact that it agrees with and adopts successful afloat the investigation of Judge Randolph Moss of this district, who has conscionable reached the aforesaid result successful an identically postured case," Boasberg explained Monday successful a little two-page bid to defendants Cynthia Ballenger and her hubby Christopher Price.

"Although the authorities agrees that instrumentality is appropriate, the tribunal does not and volition contradict the Motion," Boasberg said.

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Ballenger and Price filed a question asking for a refund connected their restitution connected March 14, claiming they had antecedently "had nary prime but to comply with the court's restitution and appraisal orders" nether a menace of further penalties and enforcement actions. The mates had asked for refund payments successful the magnitude of $570 each.

"Defendants were not voluntary payors; they acted nether ineligible compulsion," the question said. "To let the authorities to clasp these funds pursuing vacatur, erstwhile determination is nary longer a lawful obligation, is inconsistent with cardinal fairness and owed process."

In his ruling Monday, Boasberg cited arguments made successful the lawsuit that had been earlier Moss, United States v. Santos, rejecting a petition from Jan. 6 suspect Hector Vargas Santos, 29, of Jersey City, New Jersey, for a akin refund pursuing the wide pardons.

In his order, Moss brought up the U.S. Supreme Court determination in Knote v. United States, which described a pardon arsenic "an enactment of grace" that does not reconstruct "rights oregon spot erstwhile vested successful others successful effect of the condemnation and judgment," per the 1877 ruling. "Because Santos' payments were collected portion his convictions were 'in force,' the funds were not 'erroneously collected' and are truthful not refundable," Moss said.

Following his 2023 conviction, Santos was ordered to wage a $70 mandatory peculiar appraisal — overmuch similar Ballenger and Price — and $500 successful restitution to the Architect of the Capitol and a $2,500 fine. He paid a full of $2,026.19, including $1,456.19 toward that fine, earlier Trump issued his sweeping pardons earlier this year.

Boasberg noted Monday however Moss denied Santos' petition for a refund of his restitution arsenic good arsenic the fine.

"There, too, the restitution was awarded to the Architect of the Capitol," Boasberg said, adding that the authorities "also concurred" successful that petition arsenic well.

Quoting Moss directly, Boasberg agreed that "Knote made clear" that a pardoned idiosyncratic is not "entitled" to payments that person already been deposited into the United States Treasury, "absent legislature authorization to retreat the funds."

Boasberg and Moss are some Barack Obama appointees, portion Lamberth was enactment connected the national seat by Ronald Regan successful 1987.