DOJ Keeps $2,000 From Pardoned Capitol Rioter, Citing Final Conviction

The Justice Department is keeping $2,000 in restitution from Felicia Konold, an Arizona woman pardoned for her role in the January 6 Capitol attack. Prosecutors argue that because Konold’s conviction was final when she received Trump’s pardon and has not been vacated, she cannot reclaim the money. The case reveals a sharp legal distinction between rioters whose appeals were still pending at pardon time and those, like Konold, whose convictions were already complete.

Why the DOJ is keeping the money

Konold pleaded guilty to obstructing law enforcement during the Capitol attack and served 45 days in prison. She paid $2,000 in restitution to help fund Capitol building repairs. In a Thursday filing, prosecutors wrote that Konold cannot obtain the return of these funds because her conviction was final at the time of the pardon and has not been vacated.

The two-tier system for pardoned rioters

The DOJ has drawn a distinction between two groups of Capitol defendants. Rioters whose appeals were still pending when Trump issued his blanket pardons have been allowed to drop their restitution payments. Those like Konold, whose convictions were already final, have not. A District of Columbia appeals court is currently weighing challenges from several defendants caught on the wrong side of that distinction.

The failed $1.776 billion compensation fund

Earlier this year, the Trump administration created a nearly $1.8 billion fund from a settlement between the IRS and Trump over leaked tax information, intended to compensate those the president claimed were victims of weaponized prosecutions. The fund drew bipartisan criticism and became a flashpoint in Acting Attorney General Todd Blanche’s confirmation fight, largely over concerns it could funnel payments to Capitol rioters. Blanche declared the fund dead under pressure from Senate Republicans but suggested alleged victims pursue civil lawsuits instead.

What happens next

Konold joined the Proud Boys in breaching police barricades on January 6. Her case unfolds as multiple defendants challenge the DOJ’s distinction between final and pending convictions. The outcome could affect dozens of other pardoned rioters seeking refunds of their restitution payments.

Final Thoughts

The DOJ’s narrow legal argument creates a two-tier system where some pardoned rioters recover restitution and others do not, depending on whether their appeals were pending at pardon time. The distinction may not hold as courts review the cases.

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