5 years after Jan. 6 attack, Senate Democrats seek to ban taxpayer-funded payouts to Capitol rioters

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Five years after the U.S. Capitol attack, some Senate Democrats are introducing new legislation to prevent taxpayer money from being awarded to convicted and now-pardoned rioters.

One of the new Senate bills, reviewed Tuesday by CBS News, would outlaw the establishment of any compensation fund to award money to rioters. Another piece of legislation would prohibit the use of federal tax money to pay for civil legal settlements against Jan. 6 defendants who were convicted of assaulting police.

The latter of the two bills is titled the “No Settlements for 5 January 6 Law Enforcement Assaulters Act.” It is sponsored by Sen. Alex Padilla, a California Democrat who serves as vice-chair of the Senate Rules Committee, which has oversight of the Capitol grounds and the U.S. Capitol Police. The legislation is also sponsored by Sen. Sheldon Whitehouse, a Rhode Island Democrat who serves on the Senate Judiciary Committee.

Supporters of some Jan. 6 riot defendants have championed the idea of a reparations fund to reimburse the criminal defendants — most of whom were pardoned by President Trump shortly after he returned to office last year — for the cost of their prosecutions and expenses.

Mark McCloskey, an attorney whose social media page says he is “championing the cause of J6 compensation,” posted on his X feed in August: “To all the J6 political prisoners out there- I’m doing everything I can to [expedite] the establishment of a claims resolution procedure so we can get you back on your feet and get you some real justice.”

“I won’t stop fighting and I will never back down,” he wrote.

The Trump administration has already approved at least one civil settlement in connection with the mob that overran the Capitol on Jan 6, 2021. The Justice Department approved an approximately $5 million settlement to the family of Ashli Babbitt, who was shot and killed by a Capitol Police officer while she breached a smashed window into the House Speaker’s Lobby.

It’s not clear if the administration is considering other financial settlements with Jan. 6 rioters. CBS News has reached out to the Justice Department for comment on the new legislation.

When asked about the prospect of Jan. 6 reparation payments, former Capitol Police officer Harry Dunn told CBS News: “This reeks of audacity. Not only did they get a pardon, they are saying they deserve a payday for the crimes they committed.”

Padilla told CBS News his legislation “would hold these rioters accountable and protect taxpayers by putting an end to Donald Trump’s callous attempt to rewrite history.”

“These insurrectionists should still be serving their sentences and paying fines for damages they caused to the Capitol — not receiving refunds or cash rewards from the Trump Administration,” Padilla said.

In a statement, Whitehouse said: “No matter how Trump’s MAGA goons now try to twist it, the January 6 attack on our Capitol was an assault on our democracy. Trump’s blanket day-one pardons for members of the January 6 mob were a slap in the face to the brave law enforcement officers who put their lives on the line to protect the country.”

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