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The Hyde Amendment to the Equal Access to Justice Act, 18 U.S.C. § 3006A note, permits criminal defendants to recover reasonable attorney’s fees (a) if they are acquitted, and (2) “if the position of the United States was vexatious, frivolous or in bad faith.” If the defendant wins, then the agency must pay the award out of its budget. https://kmlawfirm.com/2017/08/28/can-a-defendant-get-attorneys-fees-if-hes-acquitted-and-theres-prosecutorial-misconduct/#:~:text=The%20Hyde%20Amendment%20to%20the%20Equal%20Access,faith.%E2%80%9D%20Good%20luck%20proving%20that%20last%20part.