Trump-Appointed Judge Criticizes Potential Blanket Pardons for Jan. 6 Defendants
WASHINGTON – Since Donald Trump’s election win, his previous promises to pardon those charged in connection with the January 6, 2021, Capitol riot have led to an influx of individuals seeking to postpone their legal proceedings. A judge appointed by Trump has expressed that this situation is “beyond frustrating and disappointing.”
Over 1,500 individuals have faced charges related to the riot, with more than 1,000 already sentenced. The attack, carried out by Trump supporters, resulted in injuries to 140 police officers and temporarily interrupted Congress’s certification of President Joe Biden’s victory in the 2020 election. According to a Justice Department report, the list of sentences through October 7 spans 120 pages.
The harshest sentences were given for seditious conspiracy, with Enrique Tarrio, the Proud Boys’ leader, receiving 22 years, and Stewart Rhodes, head of the Oath Keepers, sentenced to 18 years. Rhodes’ ex-wife, Tasha Adams, has expressed fears for her life if he is released.
Trump himself is currently facing federal charges of conspiracy and obstruction of Congress that may be dismissed following his election, due to a Justice Department guideline that prevents the prosecution of a sitting president. He has referred to the rioters as “patriots” and indicated he is “inclined to pardon many of them.”
In light of a growing number of defendants requesting case delays, U.S. District Judge Carl Nichols, appointed by Trump, expressed disappointment concerning the idea of “blanket pardons.”
“Granting blanket pardons to all January 6 defendants or anything similar would be incredibly frustrating and disappointing, though that’s not my decision,” Nichols said during a hearing to postpone the trial for Edward Jacob Lang of New York, who is accused of assaulting police officers at the Capitol. “The reality of some pardons being likely is a very real concern.”
Here’s what we know about the potential for pardons in cases related to January 6:
Trump’s Commitment to Pardon Jan. 6 Participants
For several years, Trump has frequently discussed the possibility of issuing pardons.
In September 2022, Trump informed Pittsburgh broadcaster Wendy Bell of his plans to provide full pardons and possibly issue apologies to individuals involved in the January 6 events. “We’ll be seriously considering full pardons since we can’t allow this to happen,” he stated. “Maybe an apology too, as they have been subjected to severe mistreatment.”
In March 2023, he tweeted emphatically: “LET THE JANUARY 6 PRISONERS GO.”
“I am inclined to pardon many,” Trump mentioned during a CNN interview in May 2023. “I can’t promise every single one because some may have gone too far.”
In April 2024, he told Time magazine that he would “definitely” think about pardoning all those charged in relation to January 6.
Karoline Leavitt, his selected White House press secretary, stated Trump would “make pardon decisions on a case-by-case basis.”
Defendants Seeking Postponements in Light of Potential Pardons
A number of defendants have already put in requests to delay their cases, anticipating Trump’s potential pardons.
The legal team for Christopher Carnell from Cary, North Carolina, who was convicted of obstructing Congress, was among the first to request a delay on November 6, the day after Trump’s election victory. They contended he could be relieved from his criminal charges when the new administration assumes office.
U.S. District Judge Beryl Howell denied the request on the same day and scheduled sentencing for December 13.
Carnell, who was just 18 when he entered the Capitol, faced five misdemeanor convictions, including disorderly conduct for rummaging through documents at Sen. Ted Cruz’s desk on the Senate floor. Judge Howell did remove his felony obstruction conviction
A recent court ruling has altered how a specific statute is interpreted.
On November 7, attorneys representing Brandon Heffner from Harford County, Maryland, requested that proceedings in his case be put on hold due to President Trump’s statements regarding pardons. Heffner faces charges of civil disorder and disorderly conduct for allegedly obstructing police from exiting the building while donning a black helmet and tactical vest.
However, U.S. District Judge Amit Mehta denied this request on November 11, stating, “The defendant’s assumption that he might receive a pardon does not warrant a delay in this case.”
Zachary Alam from Centreville, Virginia, has been found guilty of attacks on law enforcement, vandalizing government property, and disorderly conduct. He was filmed jumping through a shattered window to enter the Capitol and vandalizing windows in doors that lead to the House Speaker’s Lobby.
During his sentencing on November 7, Alam expressed a desire for a pardon, but U.S. District Judge Dabney Friedrich sentenced him to eight years in prison.
On November 8, lawyers for Terry Allen, a 65-year-old from Spring Hills, Pennsylvania, requested a delay in his sentencing after he was convicted of assaulting police with a wooden flagpole, arguing that history shows Trump “is not hesitant to use his power to issue pardons.”
Prosecutors opposed this motion, calling it nothing more than “speculation and conjecture” about a potential pardon.
Judge Mehta rejected Allen’s request on November 12, and he was sentenced to two years in prison two days later. Allen intends to appeal the decision.
William Alexander Pope is facing charges of civil disorder and obstructing Congress after being filmed walking through Statuary Hall while being restrained by Capitol Police. He is representing himself and filed a motion on November 9 to postpone his trial originally scheduled for December 2, arguing that “the American public has clearly demonstrated their disapproval of these prosecutions by electing President Trump, who aims to end them and pardon those involved in the January 6 events.”
Prosecutors objected to his request, mentioning that his case has been under consideration for almost four years.
They stated, “There is a public interest in the swift and effective administration of justice. The defendant’s hope for a pardon at this point is merely speculative, and the Court should continue as it would in any other case.”
U.S. District Judge Rudolph Contreras scheduled a hearing for December 13 to address a new trial date.