Jan. 6ers already got pardoned. Will they get their money back too?

The legal battle over whether pardoned January 6th defendants can reclaim millions in fines centers on the intersection of presidential pardon power and congressional control over the U.S. Treasury. While historical precedents from the Civil War era suggest that money once deposited in the Treasury cannot be returned without an act of Congress, modern legal mechanisms like the 1956 Judgment Fund offer a potential workaround. Law professors Frank Bowman and Sai Prakash observe that because many defendants were pardoned while their cases were still under appeal, their convictions were vacated—rendering the original fines "improperly retained." This distinction, combined with the Judgment Fund's permanent appropriation for government liabilities, may allow for refunds despite the separation of powers doctrine. Although some legislators are attempting to block these payouts, current judicial trends suggest the Treasury may be forced to return the funds to individuals whose criminal records were effectively voided by executive clemency.