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DOJ Refuses Refund to Pardoned Jan. 6 Defendant in Restitution Fight

The department argues that pardons do not erase court-ordered restitution when convictions were final, sending a key legal question to the D.C. Circuit.

Overview

  • In early August 2026, Justice Department prosecutors filed that Felicia Konold cannot recover $2,000 in restitution because her conviction was final and has not been vacated.
  • The DOJ draws a clear line that defendants whose appeals were pending when President Trump issued blanket pardons may be allowed to dismiss restitution while those with final convictions are not.
  • The D.C. Circuit is weighing multiple appeals that will decide whether a pardon alone can trigger restitution refunds, after a district judge ordered a refund last year for Yvonne St. Cyr without finding her innocent.
  • A separately proposed $1.776–$1.8 billion compensation fund tied to an IRS settlement with President Trump was publicly announced then quickly declared dead by Acting Attorney General Todd Blanche, who has urged alleged victims to pursue civil suits instead.
  • The outcome will affect many pardoned defendants and the money used for Capitol repairs, and could push more claimants into civil litigation or further appeals as courts set the legal rule on how pardons interact with fines.