Five years later, Senate Democrats are rolling out new legislation ban the use of federal taxpayer money to reimburse people convicted in connection with the Jan. 6, 2021, attack on the U.S. Capitol by supporters of President Donald Trump.
The effort centers on two bills backed by Sens. Alex Padilla of California and Sheldon Whitehouse of Rhode Island. One proposal would broadly prohibit the use of federal funds to compensate Jan. 6 defendants who were prosecuted for their involvement in the attack, including by blocking the creation of a dedicated "compensation" or "reparations" fund.
The other would specifically bar the federal government from paying civil settlements to Jan. 6 defendants convicted of assaulting law enforcement officers. CBS News reported Tuesday that one bill would outlaw establishing any compensation fund that awards money to rioters, while the other would prohibit federal tax dollars from being used for civil legal settlements involving Jan. 6 defendants convicted of assaulting police.
In a press release, Padilla stated that roughly 400 individuals granted clemency or pardons by the Trump administration in connection with the Jan. 6 attack are seeking millions of dollars in taxpayer funds, with many claims ranging from $1 million to $10 million. The release also points to separate, high-dollar litigation claims, including a lawsuit cited as being worth $100 million, involving leaders of the Proud Boys.
The Trump administration has already approved at least one civil settlement tied to Jan. 6, with the Justice Department agreeing to an approximately $5 million settlement with the family of Ashli Babbitt, who was shot and killed by a Capitol Police officer as she tried to climb through a broken window near the House Speaker's Lobby during the attack.
Supporters of some Jan. 6 defendants have also advocated for a formal mechanism to reimburse those prosecuted. CBS reported that Mark McCloskey, an attorney who has promoted Jan. 6 compensation, urged the creation of a claims process to help defendants "get you back on your feet."
Former Capitol Police officer Harry Dunn criticized the idea of payouts, telling CBS News the push "reeks of audacity," arguing that pardons were not enough for people now seeking what he described as a payday.
Padilla said the legislation is meant to prevent what he called an attempt to "rewrite history," arguing that people involved in the attack should still be serving sentences and paying for the damage to the Capitol, not receiving refunds or cash.
The release estimates the Jan. 6 attack caused roughly $3 million in damage to the Capitol, and says convicted defendants paid about $400,000 in court-ordered restitution that was transferred to the Treasury, where it can be withdrawn only by Congress.
