'Not refundable': Judge swats down Jan. 6 defendant's restitution and fine return request, reminds him that pardon does not make one's conviction or exaction 'erroneous'

A pardoned Jan. 6 suspect and erstwhile U.S. Marine who sought to retrieve fines and restitution helium paid aft his Capitol riot condemnation got swatted down Friday by a national judge, who reminded him that a pardon does not marque one's condemnation oregon the exaction of monetary penalties "erroneous"  — meaning nary refunds.

"As the Supreme Court explained successful Knote … once a condemnation has been 'established by judicial proceedings,' immoderate penalties imposed are 'presumed to person been rightfully done and justly suffered,' careless of whether the suspect aboriginal receives a pardon," wrote U.S. District Judge Randolph Moss successful a nine-page order for suspect Hector Vargas Santos, 29, of Jersey City, New Jersey.

Trump's mass pardon of Jan. 6 rioters recognized Santos arsenic 1 of much than 1,500 defendants who were granted clemency aft the president took bureau for a 2nd clip successful January.

In his bid Friday, Moss cited 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,' id., the funds were not 'erroneously collected' and are truthful not refundable," said Moss, a Barack Obama appointee.

Santos was convicted successful 2023 of 4 misdemeanors aft helium "forced his mode into the Capitol gathering and Rotunda with a assemblage of rioters," according to Moss. "Santos was 1 of thousands who descended upon the Capitol that day, but helium was 1 of the archetypal individuals to breach the restricted Capitol grounds," the justice said. "Santos and his chap rioters caused important carnal harm to the Capitol, requiring the expenditure of much than $2.8 cardinal for repairs."

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As a result, Santos was ordered to wage a $70 mandatory peculiar assessment, $500 successful restitution to the Architect of the Capitol and a $2,500 fine. He paid a full of $2,026.19 earlier being pardoned by President Donald Trump earlier this year, including $1,456.19 towards the $2,500 fine.

"In accordance with its accustomed protocol, the Finance Office for the District Court collected these funds and deposited them into the Crime Victims Restitution Fund wrong the United States Treasury," Moss said Friday. "After the tribunal dismissed his case, Vargas submitted a petition to the Finance Office for a refund of his payments, but the Office responded that it was incapable to contented a refund."

Moss noted however the concern bureau besides cited Knote v. United States successful its authoritative response, with Santos moving to effort and get a refund of his payments soon after. The Justice Department came retired successful enactment of Santos' request, filing a effect of its ain that said the Trump medication agrees that Vargas's payments should beryllium refunded.

Both the DOJ and Santos cited the Supreme Court's 2017 determination successful Nelson v. Colorado, which recovered that convictions vacated connected entreaty — Santos was pardoned successful January portion helium had an entreaty pending — are "entitled to a instrumentality of fines, fees, and restitution."

Moss wrote that what makes that lawsuit disagree from Santos is that it did not impact the issuance of a pardon. "Nelson had thing to bash with the scope of the pardon power," helium said.

"Rather, it held that vacatur of a condemnation presumptively entitles a suspect to a refund of her payments into the state's coffers," the justice explained. "The court's powerfulness to bid a refund does not crook connected whether a defendant's condemnation was vacated oregon not; it turns connected whether the suspect is entitled to funds that were deposited into the U.S. Treasury earlier the pardon was granted. As Knote made clear, a pardoned idiosyncratic is not 'entitle[d]' to payments that person already been deposited into the United States Treasury, absent legislature authorization to retreat the funds."