As speculation grows, we explore six crucial questions about Trump’s potential pardons for Jan. 6 defendants
Washington, D.C.: Since Trump won the election, he’s been pretty vague about his promise to pardon those involved in the Jan. 6 Capitol riot. This has left many of the 1,600 defendants wondering what he really plans to do.
Recently, Vice President-elect JD Vance stirred the pot by saying that violent rioters shouldn’t be pardoned. But then he backtracked a bit after getting heat from Trump’s supporters, suggesting some complicated criteria for clemency.
With Trump about to take office, people are buzzing with questions about his plans for pardons. One big question is whether he’ll pardon all the misdemeanor defendants. There are about 900 of them, mostly those who just trespassed without causing any real harm.
These folks usually got probation or short home confinement sentences. Some, with a history of trouble or other issues, faced jail time ranging from 10 days to a year. A few well-known defendants, like Infowars host Owen Shroyer, pleaded guilty to misdemeanors for getting too close to the Capitol.
While prosecutors argue these defendants helped the more violent ones, Trump has painted them as victims of political persecution. Vance echoed this sentiment, saying anyone who protested peacefully deserves a pardon.
Another burning question is whether Trump will pardon those charged with assault or other felonies. There are over 600 defendants in this boat, including nearly 200 who had weapons. Some of these defendants are key figures in the Jan. 6 support community, and they’re worried about Vance’s comments.
Many believe every Jan. 6 case is flawed and should be wiped clean. One defendant, Jake Lang, expressed frustration over the mixed messages coming from Trump’s camp. Others think Vance might not be fully in the loop and trust Trump to be more lenient.
Besides assault cases, there are hundreds of defendants charged with impeding police during the chaos. Some are even facing charges for destroying government property or carrying firearms at the Capitol. Trump and Vance haven’t said much about these cases yet.
Vance also mentioned “garbage trials,” which has raised eyebrows. Jan. 6 defendants often claim they didn’t get fair trials, but judges, including those appointed by Trump, have dismissed these claims. Most defendants have taken plea deals, but about 261 have gone to trial, with only one being acquitted.
Then there’s the fate of the Proud Boys and Oath Keepers leaders. These guys have been convicted of serious charges, and their cases are a big deal for prosecutors. Former Proud Boys leader Enrique Tarrio is serving a hefty 22-year sentence, and he’s asked Trump for a pardon.
As for ongoing cases, nearly 500 are still in the courts, with some defendants waiting for sentencing. Trump’s new DOJ will have to decide how to handle these cases right away. Some lawyers think they might ask for delays to reassess everything.
But if Trump doesn’t pardon the felony cases, it could create a weird situation where his administration oversees trials for some of the worst offenders from that day.
There’s also the question of how Trump’s DOJ will frame the Jan. 6 events in court filings. The current language describes it as a major attack on democracy, but that might change under Trump.
Finally, all eyes will be on Pam Bondi during her Senate confirmation hearings. She hasn’t said much about Jan. 6, which has left some Trump supporters uneasy. While clemency is ultimately Trump’s call, Bondi will have to navigate the legal waters as the DOJ deals with ongoing cases.
