Certain Jan. 6 defendants who’ve had their cases “invalidated” and vacated by President Donald Trump‘s Justice Department deserve to get restitution refunds, the DOJ says — insisting Tuesday in a federal court filing that there’s “no longer any basis justifying the government’s retaining funds.”
Stacy Hager, an alleged rioter who was arrested in Texas, had been charged and convicted of knowingly entering or remaining in any restricted building or grounds without lawful authority; disorderly and disruptive conduct in a restricted building or grounds; violent entry and disorderly conduct on Capitol grounds; and parading, demonstrating, or picketing in a Capitol building, according to his original DOJ complaint.
Trump’s mass pardon of Jan. 6 rioters recognized Hager as one of more than 1,500 defendants who have been granted clemency since the president took office for a second time in January. The DOJ said Tuesday that what makes Hager’s situation unique — as well as others who had similar convictions like his “invalidated” — is that he was “not just pardoned” but instead told that the government was flat-out vacating his case while it was still on appeal.
“Here, Hager’s conviction was ‘invalidated’ when the D.C. Circuit vacated it, and thus ‘there is no longer any basis justifying the government’s retaining funds exacted only as a result of that conviction,’” wrote Assistant U.S. Attorney Adam Dreher in response to a motion filed by Hager on Feb. 28 for reimbursement of fines, fees and restitution.
“This Court subsequently dismissed the case as moot,” Dreher said. “The government thus agrees that, so long as the Clerk of Court confirms that Hager in fact made the special assessment and restitution payments he seeks to have returned, Hager is entitled to reimbursement of those payments.”
According to Hager’s original Jan. 6 complaint, federal investigators found that he was boasting about his participation in the 2021 Capitol attack on his Facebook page, even posting pictures and videos of himself trespassing, the DOJ said.
“Hager also posted words to the effect of, ‘it’s war, don’t go quietly,’” his complaint alleged.
“The publicly available information on the subject account showed, among other things, a photograph of Hager and an unidentified male on the lawn in front of the U.S. Capitol on January 6,” the document added. “Hager was wearing a ‘Trump’ baseball cap, a gray outer jacket, a dark navy or black colored coverall and appeared to be waving a Texas state flag, with the other male waving a United States flag.”
Hellbound and Down 