Padilla, Durbin, Klobuchar, Colleagues to Trump Admin: No Refunds for January 6 Insurrectionists
Senators to Attorney General Bondi: “To take the position that January 6 insurrectionists should now receive refunds is unacceptable”
“The Department should direct Interim U.S. Attorney Martin to change course”
WASHINGTON, D.C. — Today, U.S. Senators Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and Amy Klobuchar (D-Minn.) led six of their Senate colleagues in strongly objecting to the U.S. Department of Justice’s (DOJ) misguided position that the federal government should refund restitution payments made by convicted January 6 insurrectionists for damage they caused to the Capitol building. In their letter to Attorney General Pam Bondi, the Senators urged her to direct Interim U.S. Attorney for the District of Columbia Ed Martin to reverse course.
“We write to strongly object to the Department of Justice’s argument in an April 8 court filing that the federal government should refund restitution payments made by some of the convicted January 6 insurrectionists. The arguments advanced by the government in the U.S. District Court for the District of Columbia under Interim U.S. Attorney Edward Martin’s leadership are both insulting to the American people and inconsistent with separation of powers principles,” wrote the Senators.
The violent mob that stormed the Capitol on January 6, 2021 attempting to prevent the certification of the 2020 election results caused roughly $3 million in damages to the Capitol building, injured more than 100 law enforcement officers, and threatened members and their staff. Damage to the building included widespread vandalism, ruined furniture, shattered glass, broken doors, defaced artwork, and the desecration of the halls of Congress. Convicted January 6 insurrectionists paid about $400,000 in court-ordered restitution to cover the damages they caused, which has since been transferred to the Treasury Department, from where they can only be withdrawn by Congress.
The DOJ argued in an April 8, 2025 court filing that the federal government should refund a convicted January 6 insurrectionist who paid $570 in restitution for his role in the insurrection after his case was vacated on appeal because of President Trump’s sweeping pardon of convicted January 6 insurrectionists. The Senators expressed serious policy and legal concerns with this position, including that it would violate the fundamental U.S. principle of separation of powers and that it would fully shift the cost of January 6-related repairs from the convicted insurrectionists to taxpayers.
“The Department should direct Interim U.S. Attorney Martin to change course and forgo any attempt to use the pardon power as a basis to usurp the United States’ right to the January 6 restitution payments and impair Congress’ ability to use these funds to offset the cost to taxpayers of repairs from the January 6 insurrection,” continued the Senators.
“We condemn the Justice Department’s position that the federal government should financially reward January 6 insurrectionists who ransacked the Capitol, attacked law enforcement officers, and threatened the lives of those who serve here,” concluded the Senators. “The roughly $400,000 received in restitution is little justice for the $3 million’s worth of damage done to the Capitol, the injuries sustained by Capitol Police and D.C. Metropolitan Police Department officers serving on that day, and the terror inflicted on those trapped inside during the attack. To take the position that January 6 insurrectionists should now receive refunds is unacceptable.”
In addition to Padilla, Durbin, and Klobuchar, the letter was also signed by Senators Richard Blumenthal (D-Conn.), Mazie Hirono (D-Hawaii), Jeff Merkley (D-Ore.), Adam Schiff (D-Calif.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.).
Senator Padilla has repeatedly condemned the deadly January 6 Capitol insurrection and helped pass legislation to prevent similar attacks from threatening our democracy. He previously cosponsored and applauded the passage of the bipartisan Electoral Count Reform and Presidential Transition Improvement Act, which modernized the outdated Electoral Count Act of 1887 to ensure the electoral votes tallied by Congress accurately reflect each state’s vote for president.
Full text of the letter is available here and below:
Dear Attorney General Bondi:
We write to strongly object to the Department of Justice’s argument in an April 8 court filing that the federal government should refund restitution payments made by some of the convicted January 6 insurrectionists. The arguments advanced by the government in the U.S. District Court for the District of Columbia under Interim U.S. Attorney Edward Martin’s leadership are both insulting to the American people and inconsistent with separation of powers principles.
On January 6, 2021, a violent mob stormed the U.S. Capitol, attacking and injuring more than 100 law enforcement officers, causing nearly $3 million in damages, and threatening the lives of those who serve here. After violently overpowering law enforcement to illegally enter the Capitol, insurrectionists desecrated the halls of Congress by graffitiing the building, smashing windows and doors, damaging artwork, and destroying furniture, in an attempt to disrupt Congress from certifying the results of the 2020 election.
While we can never undo the harm these insurrectionists caused to our nation and our Capitol, many of those convicted for their crimes were ordered to pay restitution to cover some of the physical damage they inflicted. Hundreds of individuals were convicted for their roles in the January 6 attack and paid about $400,000 in court-ordered restitution. The Justice Department’s assertion that the government should now offer refunds to insurrectionists and instead have the American taxpayer pay the full cost for the damage these offenders caused is offensive and flies in the face of legal precedent limiting the pardon power.
As the Justice Department acknowledged in its April 8 court filing, a pardon does not affect the vested rights of others, and the United States’ right to restitution vests when the restitution has been sent to the Treasury Department. Once these funds are in the Treasury, only Congress has the power to withdraw the funds; the President cannot use his pardon power to do so. The Department should direct Interim U.S. Attorney Martin to change course and forgo any attempt to use the pardon power as a basis to usurp the United States’ right to the January 6 restitution payments and impair Congress’ ability to use these funds to offset the cost to taxpayers of repairs from the January 6 insurrection.
We condemn the Justice Department’s position that the federal government should financially reward January 6 insurrectionists who ransacked the Capitol, attacked law enforcement officers, and threatened the lives of those who serve here. The roughly $400,000 received in restitution is little justice for the $3 million’s worth of damage done to the Capitol, the injuries sustained by Capitol Police and D.C. Metropolitan Police Department officers serving on that day, and the terror inflicted on those trapped inside during the attack. To take the position that January 6 insurrectionists should now receive refunds is unacceptable.
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