As Donald Trump prepares to return to the White House, politicians, legal watchdogs and even a sitting federal judge are accused of storming the U.S. Capitol on January 6, 2021, and later being convicted. They have expressed concern about his stated intention to offer pardons or commutations to his supporters.
The lenient response to those who tried to block the certification of Joe Biden’s victory in the 2020 election “undermines the U.S. judicial and criminal justice systems and makes clear that attacks on America’s democratic institutions are appropriate and justified.” “It sends a message to the American people that this is the case,” a Ruhr Institute spokesperson said. of the law.
The group, made up of conservative lawyers, academics, former federal officials and judges, has spoken out against current judge Royce Lamberth (“normalization of the January 6th Capitol riot is unacceptable”) and President Trump. He also quoted the appointee, Carl Nichols, as saying, “A blanket pardon for everyone.” The January 6th defendants, or anything close to it, will be beyond frustrated. ”
In December, U.S. District Judge Amit Mehta sentenced members of the Oath Keepers militia who pleaded guilty to seditious conspiracy, the most serious charge brought in connection with January 6. When he delivered the statement, he said the following: The possibility that his 18-year prison sentence for the same charges could be waived is frightening, and should be horrifying to anyone who cares about democracy in this case. country. “
In the ongoing Jan. 6 case, the Justice Department argued that “general deterrence may be the most persuasive reason to impose a prison sentence” because “future would-be rioters must be deterred.” ‘ he continues to insist.
In the past, Trump would have agreed. On January 7, 2021, President Trump faced historic disgrace as the Capitol was strewn with broken glass, blood and feces spattered, and tear gas continued to blow as troops stood guard. In a video address, he said his supporters, whom he had told the previous day to “fight like hell,” had “desecrated the seat of American democracy.” It does not represent the people,” he added. . And those who break the law will pay the price. ”
Many people actually paid. According to the Department of Justice, 1,572 January 6 defendants have been indicted on federal charges through December 6, 2024. Of those, 996 people pleaded guilty to felonies or misdemeanors, and 215 were convicted after contested trials. Just under 600 people were charged with assault, resisting and obstructing law enforcement. 174 people were charged with entering a restricted area with a dangerous or deadly weapon. And 18 people were charged with seditious conspiracy. Some rioters were convicted but did not serve any prison time. 645 people were convicted and imprisoned. The most severe prison sentences for violent crimes or seditious conspiracy range from 10 to 22 years.
But Trump changed his tune long ago, failing to pay the price for instigating Jan. 6 and avoiding conviction in the Senate impeachment trial. During his campaign, he made the mob’s supposedly unjust fate a key part of his speeches. Last May, he spoke in Washington to pardon “the peaceful protesters of January 6th, or as I like to call them, the hostages…a group of people who have been treated very harshly or unfairly.” “It’s a great honor,” he said.
Elsewhere, he called the prisoners on January 6th “patriots,” the day they stormed the Capitol, and some were looking for lawmakers to capture or kill in the riot that left nine people dead. He even characterized it as a “day of love.” President Trump played a recording of prisoners of war singing the national anthem on January 6 at his Florida home as the rally and return to power approached.
Nevertheless, some believe that President Trump was suggesting that not all such criminals should expect pardons or commutations. In December, he told NBC that “there may be some exceptions,” perhaps “if someone was radical or insane.” Some believe this means President Trump may not pardon people convicted of more serious crimes, from assaulting a police officer to seditious conspiracy.
But President Trump is notoriously difficult to analyze. In the same interview, the president-elect spoke about the alleged presence of “Antifa” (left-wing activists widely condemned by right-wingers but absent from the January 6 legal proceedings) among the rioters. and other conspiracy theories. Asked if he would consider pardoning people who have pleaded guilty to assaulting police, he chose to dodge the question.
“We’re going to look at everything,” Trump said. “We will consider individual cases.”
His host asked, “Guys?”
Mr. Trump replied, “Yes.”
Also in December, Time magazine asked President Trump, “Has he decided yet whether to pardon all of the January 6th defendants?”
Trump replied, “Yes.”
Did he mean all of that?
“I’m going to take it on a case-by-case basis. If they were nonviolent, I think they would have been severely punished,” Trump said. And the answer is, I’m going to, yes, I’m going to find out if there’s anything that really got out of control. ”
Did President Trump mean to say he would not pardon those convicted of violent acts, especially the 591 rioters convicted of violence against police officers at the time?
US Morning Briefing breaks down the day’s big stories and explains what’s happening and why it matters
Privacy Notice: Newsletters may include information about charities, online advertising, and content sponsored by external parties. Please see our Privacy Policy for more information. We use Google reCaptcha to protect our website and are subject to the Google Privacy Policy and Terms of Service.
After newsletter promotion
“We’re going to look at each individual case, and we’re going to do it very quickly, and that’s going to start within the first hour of me taking office,” Trump said. And the vast majority of them should not be in prison… They are suffering severely. ”
The investigation into Jan. 6 continues under the Biden administration. “Investigations and prosecutions are ongoing for those responsible for the attack, particularly those who assaulted law enforcement officers and engaged in disruptive or disruptive conduct that disrupted the peaceful transfer of power,” a U.S. Department of Justice spokesperson said. said.
The FBI “currently has nine videos of a suspect wanted for alleged violent assaults against law enforcement officers and police officers” and is seeking public assistance in identifying the suspect. added.
The question is whether the FBI and Justice Department will halt these investigations once President Trump returns to power. FBI Director nominee Kash Patel has vowed to prosecute Trump’s enemies and expressed conspiracy theories about January 6th. Trump’s attorney general nominee, Pam Bondi, supported Trump’s lies about 2020 election fraud, but her Jan. 6 conviction is not on the record. And the verdict and investigation itself. Trump insists he won’t tell Bondi or Patel what to do.
Amid such uncertainty, the issue of amnesty remains at the forefront. For many observers, concerns about President Trump’s use of pardons and commutations in connection with January 6 highlight serious problems with presidential power itself.
Leon Panetta told the Guardian: “I think the pardon power has been abused not only by Trump but also by Biden.”
The former White House chief of staff, CIA director, and defense secretary was referring to the current president’s decision to pardon his son Hunter Biden on multiple criminal charges — a move that would allow Trump to There is also speculation that Biden may pre-emptively pardon Trump’s opponents who are currently at risk of persecution. Among them are prominent members of the House January 6th Committee.
Panetta said Trump could appropriately use his pardon power in the Jan. 6 incident if it turns out the individuals were “wrongly accused or there were problems with the prosecution.” .
Although there is “no question” that “the mob was intent on ensuring that the Constitution was not respected during the election” on January 6, “we need to take that into account.” said Panetta. And it’s as close to an insurrection as this country has ever seen.
“In other words, if President Trump takes a selective approach, that’s one thing, but if it’s a more comprehensive approach that really forgives everyone involved in the January 6th incident, that’s one thing. If you can see it, I think it really undermines respect for the Constitution and respect for law and order, frankly. ”
