Donald Trump’s promise of ‘significant pardons’ for Jan. 6 defendants leaves allies and critics anxious
Almost 1,600 individuals faced charges from the Jan. 6 incident, with over 1,000 receiving sentences. Although Trump has not specified who will be pardoned, he has emphasized those who did not engage in violence and those with lengthy sentences.
WASHINGTON – President-elect Donald Trump has promised “significant pardons” for those convicted in the Jan. 6, 2021, U.S. Capitol incident. This declaration has sparked hopes among his supporters that such pardons could come quickly, possibly by Inauguration Day. Meanwhile, it has raised concerns among critics just weeks after the fourth anniversary of the tragic event.
During his 2024 campaign, Trump expressed compassion for nonviolent offenders from the Jan. 6 events and criticized lengthy prison sentences. However, he has not detailed how he plans to select individuals for pardons from nearly 1,600 charged individuals, including about 600 for offenses against law enforcement, and over 1,200 who have been convicted post-riot.
Trump’s remarks have prompted some Jan. 6 defendants to seek delays in their legal proceedings and to advocate for clemency, leaving some police officers injured during the incident feeling disheartened. This situation also poses the risk of a significant political conflict concerning the potential release of those convicted of serious offenses like seditious conspiracy.
Senator Josh Hawley, R-Mo., who advocates for clemency for nonviolent offenders but opposes it for those who assaulted police, noted that Trump seems inclined to review individual cases to assess whether prosecutors acted excessively.
“For individuals whose defense was along the lines of, ‘I didn’t realize the Capitol was closed, it’s a public building; we weren’t the first to enter,’ pardons or reduced sentences may be justified,” Hawley explained in an interview. “But I am against clemency for those who harmed police, vandalized property, or engaged in other acts of violence.”
Democrats caution that granting pardons to any participants sets a dangerous precedent, indicating to future insurrections that they might be excused.
“I believe it would be a grave error for him to pardon the Jan. 6 insurrectionists,” remarked Senator Adam Schiff, D-Calif. “This issue deserves condemnation, not forgiveness.”
On the fourth anniversary of the incident, advocates and family members of Jan. 6 defendants gathered at a hotel in Washington to press for clemency. Longtime advocate Suzzanne Monk claimed she and her team have been in discussions with significant figures in Trump’s circle.
“We anticipate 100% pardons or commutations for everyone to be addressed on Day One,” Monk told Reuters.
Trump has consistently promised ‘significant pardons’ for Jan. 6 ‘political prisoners,’ ‘hostages’
Trump’s efforts to reverse his 2020 election loss reached a climax with a rally that incited a mob to storm the Capitol, aiming to disrupt the congressional certification of President Joe Biden’s Electoral College victory on January 6, 2021. During the rally, Trump urged a crowd of supporters to “fight” or risk losing their country. Following his address, many supporters advanced to the Capitol, resulting in hundreds facing charges for various offenses against police and others vandalizing congressional offices while some occupied the Senate chamber. A House committee has identified Trump as the “central cause” of the insurrection.
For years, Trump has campaigned pledging to pardon Jan. 6 defendants, whom he describes as “political prisoners” and “hostages,” reaffirming his intentions for “significant pardons” upon taking office.
“Many who committed lesser offenses went unpunished while individuals who didn’t even enter the building remain incarcerated,” Trump declared on January 7 at a Mar-a-Lago news conference. “We’re going to be reviewing the entire situation. Major pardons will be forthcoming.”
When asked directly about pardoning those convicted of attacking police officers during the press conference, Trump avoided a clear answer.
“The crowd was diverse; we’ll have to see,” he responded.
Trump has not specified who will be pardoned. His newly-elected vice president, Senator J.D. Vance, R-Ohio, stated during a Fox News segment that peaceful protesters should receive clemency while violent offenders should not, though he did not clarify the specifics of who would qualify.
“If you protested peacefully on Jan. 6th and have been treated like a gang member by Merrick Garland’s Department of Justice, you deserve a pardon,” Vance stated. “However, if you engaged in violent actions that day, you obviously should not be pardoned. The distinction can be unclear, but it’s crucial we ensure equal justice. We believe many were wrongly prosecuted after Jan. 6th, and we need to address that.”
Trump noted long prison sentences for Proud Boys and Oath Keepers leaders
Trump has at times indicated that he will prioritize pardons for nonviolent offenders and those facing the harshest sentences. He pointed out the extended prison terms received by leaders of two far-right groups convicted of seditious conspiracy: Proud Boys leader Enrique Tarrio received 22 years, and Oath Keepers leader Stewart Rhodes received 18 years.
“It’s appalling: 22 years, 18 years, 10 years,” Trump expressed. “It’s a dreadful situation.”
Tarrio, although not present in Washington on January 6, was convicted for orchestrating others during the disturbances. His attorney, Nayib Hassan, has petitioned Trump and his inner circle for a pardon for Tarrio.
“We are making every effort to ensure this message reaches President-elect Trump,” Hassan informed Reuters.
The Trump transition team did not provide comments regarding Tarrio’s pardon request, but stated that Trump will evaluate pardons on an individual basis.
“President Trump will pardon Americans who have been denied fair treatment and unjustly prosecuted by the politicized Department of Justice,” said transition spokesperson Karoline Leavitt.
Elizabeth Franklin-Best, an attorney for Rhodes, noted they haven’t requested a pardon yet due to the unclear procedures, but they plan to do so. They argue that Rhodes, who did not enter the Capitol, was convicted for exercising his First Amendment rights.
“If offered a pardon, Rhodes would accept it,” Franklin-Best confirmed to YSL News.
Rhodes’ ex-wife, Tasha Adams, has openly expressed concerns that he may harm her if released, citing previous abuse and threats toward her and their son, allegations which Rhodes’ lawyers deny.
Injured former police officers condemn proposed pardons as ‘outrageous’
Some police officers who were injured while defending the Capitol on January 6 have criticized the potential of Trump forgiving individuals who violently assaulted law enforcement. Rioters utilized firearms, chemical sprays, tasers, axes, knives, and improvised weapons such as baseball bats and flagpoles, according to court documents.
“These individuals are terrorists,” remarked former Metro D.C. Police Officer Michael Fanone, who retired in 2021 after suffering serious injuries during the confrontation. “They resort to violence to fulfill a political agenda.”
Former Capitol Police Sergeant Aquilino Gonell, who retired In 2022, due to injuries sustained during the attack, it was mentioned in a press conference that some of the officers who defended the Capitol will be tasked with providing security for Trump’s inauguration.
“It’s disturbing,” Gonell stated. “It feels like betrayal.”
Democrats label pardons for Jan. 6 as ‘a significant error’
Senator Andy Kim from New Jersey, who helped clean up the debris left after the riot as a House member, expressed to YSL News his concerns that pardons create “a significant opportunity for misuse.”
Congresswoman Alexandria Ocasio-Cortez from New York also spoke to YSL News, indicating that pardons would send a hazardous signal from Trump. “He aims to convey that if you commit crimes on his behalf, he’ll overlook them, which is quite dangerous,” she commented.
Congressman Steve Cohen from Tennessee has been advocating for a constitutional amendment since 2017 to restrict a president’s pardon abilities, specifically to prevent pardoning themselves, family members, campaign associates, or administration staff. His proposal has yet to advance past the Judiciary Committee.
“With these pardons, President Trump is to some degree absolving himself because he bears responsibility for instigating the actions of these individuals,” Cohen noted during the press briefing with Fanone and Gonell.
1,600 individuals charged, 1,000 convicted from the Jan. 6 upheaval: DOJ
According to data from the Justice Department, pardoning certain groups of Jan. 6 defendants could affect hundreds of individuals.
As of the four-year anniversary of the Capitol riot on January 6, nearly 1,600 individuals were facing charges related to the attack, based on information from the Justice Department.
Over 1,000 individuals pleaded guilty to various charges, including 327 to felonies and 682 to misdemeanors. Out of those pleading guilty to felonies, the Justice Department identified 172 for assaulting law enforcement officers, 130 for obstructing law enforcement during a civil disturbance, and 69 for assaulting law enforcement with a dangerous weapon. Additionally, 220 people were convicted after trials. Approximately 1,100 individuals have been sentenced, with 667 receiving prison time, while 145 were placed under home detention.
In 2023, Trump shared with CNN, “I’m tempted to pardon many of them. I can’t promise it for everyone, as a few may have crossed the line.”
Approximately 600 of the defendants faced charges for assaulting or resisting law enforcement, including 174 charged with using a deadly weapon or causing significant injury.
Among those pleading guilty to felonies, 172 admitted to assaulting law enforcement, 130 recognized obstructing law enforcement during a riot, and 69 admitted to using a dangerous weapon in assaults against law enforcement.
Jan. 6 defendants seek delays in court proceedings
A number of defendants from January 6 have requested judges to postpone their trials, sentencing, and incarceration due to anticipated pardons.
One day after Trump’s election, Christopher Carnell sought a delay in his sentencing, arguing he expected “to be excused from criminal prosecution under the new administration.” Carnell was convicted of misdemeanor offenses in February 2024, such as entering the Capitol and disorderly conduct.
U.S. District Judge Beryl Howell denied the request for a delay and sentenced him to six months in prison on December 13.
William Pope from Topeka, Kansas, who faced charges for obstructing Congress, civil disorder, and entering the Capitol, submitted a personal motion on November 9 asking for a delay in his trial, claiming “the American public has clearly indicated their disapproval of these prosecutions by electing President Trump to put a stop to them and pardon the January 6 defendants.” He further argued that proceeding with actions would show “a defiantly dismissive attitude” towards the American populace.
Government attorneys argued that Pope’s belief in a possible pardon was merely speculative.
U.S. District Judge Rudolph Contreras scheduled a pretrial conference for May. On January 7, Contreras permitted Pope to attend Trump’s inauguration as he was not charged with assault or vandalism.
Dova Winegeart from Fairview, Oklahoma, was found guilty in a bench trial in July 2024 for government property destruction and was sentenced to four months in prison with a $1,000 fine on December 9. She requested to begin her prison term after the inauguration.
“This case presents a unique situation,” Winegeart’s attorneys stated. “It is unprecedented for a new Presidential Administration to openly renounce the criminal justice priorities of the previous one – especially from the President-Elect, who has committed to actively reversing the findings and outcomes of prosecutions by the prior administration.”
Prosecutors opposed the delay, asserting that even assuming Winegeart received a pardon—which they considered purely speculative at this point—“that pardon would not erase the conviction.”
U.S. District Judge Carl Nichols turned down Winegeart’s request on December 11.