The riot prompted the largest criminal probe in US Justice Department history and prosecutors continue to bring new charges nearly four years later. The cases have consumed the federal court in Washington, with judges producing hundreds of pages of findings documenting the culpability of Trump’s supporters for the violence and disruption as Congress met to certify his 2020 loss to President Joe Biden.
Trump will have the authority to clear all of that away the moment he takes office on Jan. 20. The president’s clemency power is vast and subject to few limits.
Former President Donald Trump is pictured at an election night watch party, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon)
Trump hasn’t offered details about how comprehensive his pardons would be or how he’d carry them out. There is precedent for large-scale presidential clemency. President Jimmy Carter signed a proclamation in 1977 pardoning Americans who avoided the military draft during the Vietnam War, although there was an exception for crimes involving “force or violence.”
The prospect of mass Jan. 6 pardons has faced backlash when Trump has brought it up since leaving office. Critics raise high-level concerns about the message pardons would send about accountability for an event that undermined the peaceful transfer of power as well as immediate fears about threats to the lawyers, judges, witnesses and others involved in these cases.
High-level felonies
Judges typically have ordered pretrial detention for defendants charged with violence or more serious felonies. Of the nearly 1,000 people sentenced to date, two-thirds have received time behind bars, ranging from several days or weeks for misdemeanor convictions to months or years for crimes of violence or high-level felonies like seditious conspiracy.
FILE – In this Jan. 6, 2021, file photo, U.S. Capitol Police push back rioters trying to enter the U.S. Capitol in Washington. Court papers say Federico Klein was seen wearing a “Make America Great Again” hat amid the throng of people trying to force their way into the Capitol. Klein, a Marine Corps veteran who served as a politically appointed State Department official in former President Donald Trump’s administration, has been sentenced to nearly six years in prison for attacking police officers during the Jan. 6, 2021, riot at the U.S. Capitol. (AP Photo/Jose Luis Magana, File)
FILE- In this image from U.S. Capitol Police video, released and annotated by the Justice Department in the Statement of Facts supporting an arrest warrant, Joshua Abate, circled in green, Micah Coomer, circled in red, and Dodge Dale Hellonen, circled in blue, appear inside the U.S. Capitol on Jan. 6, 2021, in Washington. Hellonen, one of three active-duty Marines who stormed the U.S. Capitol together, has been sentenced to probation instead of prison time. U.S. District Judge Ana Reyes also on Monday, Sept. 11, 2023, ordered Hellonen to perform 279 hours of community service. (Justice Department via AP, File)
FILE – Supporters of President Donald Trump, including Jacob Chansley, right with fur hat, are confronted by U.S. Capitol Police officers outside the Senate Chamber inside the U.S. Capitol, Jan. 6, 2021, in Washington. Chansley, the spear-carrying rioter whose horned fur hat, bare chest and face paint made him one of the more recognizable figures in the Jan. 6, 2021, assault on the Capitol, apparently aspires to be a member of Congress. Online paperwork shows that Chansley filed a candidate statement of interest, Thursday, Nov. 9, 2023, indicating he wants to run as a Libertarian in the 2024 election for Arizona’s 8th Congressional District seat. (AP Photo/Manuel Balce Ceneta, File)
FILE – In this Jan. 6, 2021 file photo insurrectionists loyal to President Donald Trump riot outside the Capitol in Washington. (AP Photo/John Minchillo, File)
This image from police body-worn video and contained in the Justice Department statement of facts supporting the arrest of Carlos Ayala, shows Ayala outside the U.S. Capitol on Jan. 6, 2021, in Washington. Ayala, a Republican member of the Maryland State Board of Elections, was arrested on Tuesday, Jan. 9, 2024, in Maryland, on felony and misdemeanor charges for participating in the Jan. 6 rioting. Michael Summers, the chair of the Maryland elections board, said in a statement Thursday, Jan. 11, he has accepted Ayala’s immediate resignation. (Department of Justice via AP)
FILE – Rioters are seen at the U.S. Capitol on Jan. 6, 2021, in Washington. Judges overseeing the cases against the rioters are using their platform to try to combat distortions about the attack that have been promoted by Donald Trump and his allies. Judges appointed by presidents from both political parties have described the riot as an affront to democracy and admonished defendants for casting themselves as the victims of politically motivated prosecutions. (AP Photo/John Minchillo, File)
This image from police body-worn camera video, contained and annotated in the Justice Department’s government’s sentencing memorandum, supporting the sentencing of Brian Mock, shows Mock at the U.S. Capitol on Jan. 6, 2021, in Washington. Mock, the owner of a landscaping company and a former debt collector, was arrested for helping other rioters remove police barricades and committing four separate assaults against police officers who were attempting to block the rioters’ progression. (Department of Justice via AP)
FILE – Michael Sparks, left, and Kevin Seefried, second from left, as they and other insurrectionists loyal to President Donald Trump are confronted by U.S. Capitol Police officers outside the Senate Chamber inside the Capitol in Washington, Jan. 6, 2021. Sparks, the first rioter to enter the Capitol building during the Jan. 6, 2021, attack has been convicted of charges that he interfered with police and obstructed Congress from certifying President Joe Biden’s 2020 electoral victory.(AP Photo/Manuel Balce Ceneta, File)
Republican presidential candidate former President Donald Trump speaks at his Mar-a-Lago estate, Monday, March 4, 2024, in Palm Beach, Fla. The Supreme Court unanimously restored Trump to 2024 presidential primary ballots, rejecting state attempts to ban him over the Capitol riot.(AP Photo/Rebecca Blackwell)
This image from police body-worn camera video, contained and annotated in the Justice Department’s government’s sentencing memorandum supporting the sentencing of Jeffrey Sabol shows Sabol at the U.S. Capitol on Jan. 6, 2021, in Washington. During the course of an attack on police officers, Sabol ripped the baton out of the hands of a fallen officer, leaving him unable to defend himself against assaults by other rioters. Sabol then helped his co-defendants drag a second officer into the crowd, where that officer was also beaten by rioters. (Department of Justice via AP)
This image from police body-worn camera video, contained and annotated in the Justice Department’s government’s sentencing memorandum supporting the sentencing of Jeffrey Sabol, shows Sabol at the U.S. Capitol on Jan. 6, 2021, in Washington. During the course of an attack on police officers, Sabol ripped the baton out of the hands of a fallen officer, leaving him unable to defend himself against assaults by other rioters. Sabol then helped his co-defendants drag a second officer into the crowd, where that officer was also beaten by rioters. (Department of Justice via AP)
This image from police body-worn camera video, contained and annotated in the Justice Department’s government’s sentencing memorandum supporting the sentencing of Taylor James Johnatakis, shows Johnatakis at the U.S. Capitol on Jan. 6, 2021, in Washington. Johnatakis, of Washington state, who used a megaphone to orchestrate a mob’s attack on police officers guarding the U.S. Capitol, was sentenced on Wednesday to more than seven years in prison. U.S. District Judge Royce Lamberth said videos captured Johnatakis playing a leadership role during the Jan. 6, 2021, attack. (Department of Justice via AP)
FILE – President Donald Trump arrives to speak at a rally in Washington, on Jan. 6, 2021. The Supreme Court will hear arguments over whether Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election. (AP Photo/Jacquelyn Martin, File)
FILE – Violent insurrectionists breach the U.S. Capitol in Washington, Jan. 6, 2021. A former government employee has been charged with repeatedly submitting fake tips to the FBI reporting that several of his co-workers in the intelligence community were part of a mob that attacked the U.S. Capitol on Jan. 6. Court records unsealed on Friday, May 3, 2024, say that Miguel Eugenio Zapata was arrested in Chantilly, Virginia, on Thursday on a charge that he made false statements to law enforcement. (AP Photo/John Minchillo, File)
FILE – Violent insurrectionists loyal to then-President Donald Trump try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo/Julio Cortez, File)
FILE – Insurrectionists loyal to President Donald Trump try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. A New York man has pleaded guilty to charges that he snatched away a police officer’s can of pepper spray during a chaotic clash with officers guarding the U.S. Capitol building during the Jan. 6, 2021 riot. Authorities on Friday, May 24, 2024 said Troy Weeks was among a group that tried to overwhelm officers who were blocking an entryway to the building as supporters of former President Donald Trump stormed the Capitol grounds in protest of Trump’s election loss.(AP Photo/Julio Cortez, File)
FILE – Insurrectionists loyal to President Donald Trump confront police as they storm the U.S. Capitol on Jan. 6, 2021, in Washington. Former President Donald Trump said during a debate with President Joe Biden last week that the Jan. 6, 2021, attack on the Capitol involved a “relatively small” group of people who were “in many cases ushered in by the police.” (AP Photo/Julio Cortez, File)
FILE – Rioters wave flags on the West Front of the U.S. Capitol in Washington, Jan. 6, 2021. Former President Donald Trump said during a debate with President Joe Biden last week that the attack on the Capitol involved a “relatively small” group of people who were “in many cases ushered in by the police.” (AP Photo/Jose Luis Magana, File)
FILE – Supporters of President Donald Trump try to break through a police barrier, Jan. 6, 2021, during a riot at the Capitol in Washington. Former President Donald Trump said during a debate with President Joe Biden last week that the attack on the Capitol involved a “relatively small” group of people who were “in many cases ushered in by the police.” (AP Photo/John Minchillo)
FILE – This image from Washington Metropolitan Police Department body-worn video, released and annotated by the Justice Department in the statement of facts supporting an arrest warrant for Jay James Johnston, shows Johnston, circled in yellow, at the U.S. Capitol on Jan. 6, 2021, in Washington. Johnston, an actor known for comedic roles in the movie “Anchorman” and the television series “Bob’s Burgers” has pleaded guilty to interfering with police officers trying to protect the U.S. Capitol from a mob’s attack. Johnston faces a maximum sentence of five years in prison after pleading guilty on Monday to a felony count of civil disorder. (Justice Department via AP, File)
This image from U.S. Capitol Police video, released and annotated by the Justice Department in the statement of facts supporting an arrest warrant for Bradley Scott Nelson, shows Nelson, circled in red, at the U.S. Capitol on Jan. 6, 2021, in Washington. (Justice Department via AP)
This image from police body-worn video and contained in the Justice Department statement of facts supporting the arrest of Rally Runner, a St. Louis Cardinals superfan who legally changed his name from Daniel Donnelly Jr., shows Rally Runner outside the U.S. Capitol on Jan. 6, 2021, in Washington. (Department of Justice via AP)
This image from video from the Justice Department in the statement of facts supporting an arrest warrant, and annotated by the source, shows Rebecca Lavrenz, circled in yellow, entering the U.S. Capitol on Jan. 6, 2021, in Washington. (Justice Department via AP)
FILE – Insurrectionists loyal to President Donald Trump breach the Capitol in Washington, Jan. 6, 2021. Inside Washington’s federal courthouse, there’s no denying the reality of Jan. 6, 2021. Day after day, judges and jurors silently absorb chilling sights and sounds from television screens — of rioters beating police, shattering windows and hunting for lawmakers. Hundreds of cases have systematically documented the weapons wielded, crimes committed, lives altered by physical and emotional damage. (AP Photo/John Minchillo, File)
FILE – In this image from the body-worn camera of a Washington Metropolitan Police Department officer, released by the Justice Department in the Statement of Facts supporting an arrest warrant, Shane Jenkins confronts officers as they enforce a curfew outside the Embassy Suites Hotel, on Jan. 6, 2021, in Washington. Jenkins was sentenced to seven years in prison. (Justice Department via AP, file)
FILE- This still frame from Metropolitan Police Department body worn camera video shows Thomas Webster, in red jacket, at a barricade line at on the west front of the U.S. Capitol on Jan. 6, 2021, in Washington. Jurors deliberated for less than three hours before convicting the 20-year NYPD veteran, Thomas Webster, of all six counts in his indictment. Webster was sentenced to 10 years in prison. (Metropolitan Police Department via AP, File)
This image from a police-worn body camera and provided and annotated by the Justice Department shows Jeffrey Newcomb, 41, of Polk, Ohio, circled in red, on the East Front of the U.S. Capitol, Jan. 6, 2021, in Washington. Newcomb was arrested Oct. 22, 2024, on charges that he brought a massive “Trump” sign to the U.S. Capitol and joined other rioters in using it as a weapon against police officers during a mob attack. (Department of Justice via AP)
FILE – Rioters loyal to President Donald Trump rally at the U.S. Capitol in Washington on Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)
FILE – Rioters loyal to President Donald Trump rally at the Capitol in Washington on Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)
FILE – This image from Washington Metropolitan Police Department body-worn video, released and annotated by the Justice Department in the statement of facts supporting an arrest warrant for Jay James Johnston, shows Johnston, circled in yellow, at the U.S. Capitol on Jan. 6, 2021, in Washington. (Justice Department via AP, File)
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FILE – In this Jan. 6, 2021, file photo, U.S. Capitol Police push back rioters trying to enter the U.S. Capitol in Washington. Court papers say Federico Klein was seen wearing a “Make America Great Again” hat amid the throng of people trying to force their way into the Capitol. Klein, a Marine Corps veteran who served as a politically appointed State Department official in former President Donald Trump’s administration, has been sentenced to nearly six years in prison for attacking police officers during the Jan. 6, 2021, riot at the U.S. Capitol. (AP Photo/Jose Luis Magana, File)
Louis Manzo, a former Justice Department lawyer who helped prosecute members of the Oath Keepers extremist group over Jan. 6 activities, said in an interview that he is worried about the safety of current and former prosecutors. Manzo lamented the prospect of the pardoned defendants and other Americans feeling emboldened to use force to advance their political views in the future.
“Hopefully we as a country can move forward, but there’s just never going to be any consequences for taking the Capitol” if Trump orders widespread clemency, Manzo said.
A Justice Department spokesperson declined to comment. Trump’s campaign did not immediately return a request for comment.
Trump has echoed claims by some Jan. 6 defendants and their supporters that the investigation is politically motivated and said over the summer that he would “absolutely” issue pardons. Although the Capitol attack featured violent clashes between rioters and law enforcement officers, Trump has called it a “day of love.”
Assault, obstruction
Judges handling these cases have denounced such depictions. More than 500 people have been charged with assaulting, impeding or obstructing officers, according to the US attorney’s office in Washington. Many of those cases involved charges for using or possessing weapons.
Hours after news outlets declared Trump the winner Wednesday morning, at least one Jan. 6 defendant signaled that he was pinning his hopes on Trump’s clemency promise. A lawyer for Christopher Carnell, who was found guilty of one felony and multiple misdemeanor offenses for going into the Capitol on Jan. 6 and is awaiting sentencing, asked to postpone an upcoming hearing, citing Trump’s electoral victory.
“Mr. Carnell, who was an 18-year-old nonviolent entrant into the Capitol on January 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office,” attorney Marina Medvin wrote. US District Judge Beryl Howell denied the request.
Medvin did not respond to a request for comment.
The Justice Department has an office to aid the White House on executive clemency actions, but the president ultimately isn’t required to go through a formal process.
Trump could fully pardon defendants or shorten sentences through commutations. When he spoke about his plans at an event in July, he said he would issue pardons “if they’re innocent.” Pressed on the fact that many defendants had already been convicted, Trump replied that they faced “a very tough system.”
‘Dramatic blow’
Mary McCord, who leads the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, said a full-scale pardon for Jan. 6 would be a “dramatic blow.” Even if Trump limited his actions to defendants who weren’t convicted of violence, she said, the pardons might still clear individuals who committed serious crimes but agreed to plea deals with lesser offenses.
It’s also not clear if any executive action would be forward-looking and offer blanket protection from pending and future prosecutions. That would be trickier to execute but might not be necessary, McCord said, since Trump could simply direct Justice Department officials to dismiss existing cases and not to bring new ones.
Federal judges generally aren’t allowed to publicly speak about pending cases, but members of the US District Court in the nation’s capital have made clear through written opinions and comments in court that they considered Jan. 6 a threat to democratic institutions. Judges have also spoken during hearings about their hope that the convictions and prison sentences will deter a similar event in the future. Manzo, the former Justice Department lawyer, predicted “extreme disappointment” from the bench if Trump makes good on his promise.
“For all of the work that they’ve put into the cases, for it to all be pardoned will definitely be a shock to the system,” he said.
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