Pardoned J6 rioters demand refunds for payments they made for damage to Capitol

When President Donald Trump mass pardoned nearly all of the Jan. 6 defendants, he set in motion further legal questions about the restitution some judges ordered to be paid. But it's a little all over the place when it comes to the former defendants having their restitution dismissed.

CBS News reporter Scott MacFarlane provided a Monday update about former Rep. George Santos (R-NY) having nearly $400,000 in restitution dismissed.

The disgraced congressman pleaded guilty to fraud and identity theft, but had his sentence commuted — and the demand for restitution dropped — by Trump on Friday.

MacFarlane then compared the Santos case to the January 6 defendants, more than 1,500 of which were granted clemency after Trump's inauguration in January. Some are now fighting restitution orders.

"Jan. 6 defendants had only paid back a fraction of the money owed to taxpayers," said MacFarlane. "With the cleanup of the Capitol, the repair of the Capitol and the cost of police. And those who hadn't paid, some of them have been in the court as recently as this week asking for reimbursements to get their money back from the payments already made to the government."

He said that some judges are willing to dismiss the fees, while others have not been.

One judge stated earlier this year, "Pardon is an act of grace.. but it does not make amends for the past," MacFarlane said.

If those Jan. 6 attackers already paid restitution, then the taxpayers would be on the hook if judges ruled that they should be paid back, argued Senate Democrats last month.

"These criminals are apparently demanding taxpayer compensation, not only to refund court-ordered restitution to cover damages they caused to the Capitol Building, but also to compensate them for having to face legal consequences for their actions," read a letter from top Democrats on the Senate Rules and Senate Judiciary committees.

The broader problem, MacFarlane said, is that there will be a considerable amount of restitution money that will go unpaid.

Yvonne St. Cyr was the first rioter to get her money back, receiving $2,200 of her restitution after being pardoned by Trump. In that case, a judge appointed by former President George W. Bush reluctantly agreed to return the money.

“Sometimes a judge is called upon to do what the law requires, even if it may seem at odds with what justice or one’s initial instincts might warrant,” said U.S. District Judge John Bates. “This is one such occasion.”