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Pardon of January 6 United States Capitol attack defendants

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Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021
RatifiedJanuary 20, 2025 (2025-01-20)
SignatoriesDonald Trump
Media typeU.S. presidential proclamation
SubjectCriminal proceedings in the January 6 United States Capitol attack
PurposePardon of about 1,500 people associated with the January 6 United States Capitol attack, with the commutation of 14
Official website
whitehouse.gov
January 6 United
States Capitol attack
Timeline • Planning
Background
2020 presidential election
and other causes
Related groups and persons
Participants
Notable people
Organizations
Law enforcement response
Aftermath
Biden inauguration
Investigations and charges
Corporate actions
Reactions
Impeachment and 2024 presidential election

On January 20, 2025, during the first day of his second term, United States President Donald Trump issued a proclamation[1] that granted clemency to about 1,500 people convicted of offenses related to the January 6 United States Capitol attack that occurred near the end of his first presidential term.

Background

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Main articles: January 6 United States Capitol attack, Criminal proceedings in the January 6 United States Capitol attack, and Attempts to overturn the 2020 United States presidential election

In the aftermath of his 2020 presidential election loss to Joe Biden, President Trump repeatedly made false claims that widespread electoral fraud had occurred and that only he had legitimately won the election. Although most resulting lawsuits were either dismissed or ruled against by numerous courts,[2][3][4] Trump nonetheless conspired with his campaign team to submit documents in several states (all of which had been won by Biden) which falsely claimed to be legitimate electoral certificates for President Trump and Vice President Mike Pence.[5] After the submission of these documents, the Trump campaign intended that the presiding officer of the United States Senate, either President of the Senate Pence or President pro tempore Chuck Grassley, would claim to have the unilateral power to reject electors during the January 6, 2021 vote counting session; the presiding officer would reject all electors from the several states in which the Trump campaign had submitted false documents, leaving 232 votes for Trump and 222 votes for Biden, thereby overturning the election results in favor of Trump.[6][7][8] The plans for January 6 failed to come to fruition after Pence refused to follow the campaign's proposals.[9][10]

Trump nevertheless urged his supporters on January 6, 2021, to march to the Capitol while the joint session of Congress was assembled there to count electoral votes and formalize Biden's victory, culminating with hundreds storming the building and interrupting the electoral vote count.[11]

By the end of 2021, 725 people had been charged with federal crimes.[12][13] That number rose to 1,000 by the second anniversary of the attack,[12] to 1,200 by the third anniversary (three-quarters of whom had by then been found guilty)[14][15] and to 1,500 before the fourth anniversary.[16] The Justice Department documented assaults on over 140 police officers and property damage exceeding $2.8 million to the Capitol building and grounds. Approximately 170 defendants had been accused of using deadly or dangerous weapons against law enforcement officers, including fire extinguishers and bear spray.[17]

Throughout the Biden administration, Trump characterized the January 6 defendants as "political prisoners" and "hostages."[17] On January 29, 2022, when over 760 people had been charged,[12] Trump said at a Texas rally that he would be inclined to pardon the rioters if he were reelected in 2024,[18] which he repeated at a Tennessee rally in June 2022.[19] In November, four days before the midterm elections, he said: "Let them all go now!"[20] On May 10, 2023, he said he would be "inclined to pardon many of them" while hedging by saying "a couple of them, probably, they got out of control".[21] On September 15, 2023, he said in an interview that aired two days later: "I'm going to look at them, and I certainly might [pardon them] if I think it's appropriate."[22]

Representative Adam Schiff, who served on the House committee that investigated the attack and was the lead manager during Trump's first impeachment trial, told MSNBC in February 2022 that Trump's offer of pardons suggested that he "condoned" the violence.[23] Representative Pete Aguilar, who was also on the committee, told CNN the same day that he considered Trump's offer to be witness tampering.[24]

On December 8, 2024, as president-elect, Trump said he would pardon the rioters on his "first day" in office except for any he might deem to be "radical, crazy."[25] Then-vice president elect JD Vance stated that pardons should be given to those who "protested peacefully", and not those who did so violently.[26]

Pardons

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On January 20, 2025, President Donald Trump issued a proclamation titled "Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021". The proclamation categorized prior criminal proceedings as a "grave national injustice" against the American people, and positioned the pardons as beginning a "process of national reconciliation".[1]

Citing Article II, Section 2 of the Constitution of the United States, the proclamation established two distinct categories of clemency for individuals involved in the events at the United States Capitol during January 6, 2021. The first category of clemency consisted of sentence commutations to time served for fourteen specifically named individuals. These commutations applied to prominent figures in the January 6 events, including Oath Keepers leader Stewart Rhodes with members Kelly Meggs and Roberto Minuta, Proud Boys leaders Ethan Nordean, Jeremy Bertino, and Joseph Biggs, and Proud Boy member Dominic Pezzola, who was the first rioter to breach the Capitol building, all of whom had their sentences reduced to time served "as of January 20, 2025".[1][27] The second category consisted of "full, complete, and unconditional" pardons granted to every other defendant convicted in relation to the events of January 6.[1]

The Attorney General was directed to immediately issue pardon certificates to all eligible individuals and ensure the release of any incarcerated persons affected by the pardons. Additionally, the United States Department of Justice was ordered to dismiss "with prejudice" all pending indictments related to January 6 conduct, and the Federal Bureau of Prisons received explicit orders to implement all Justice Department instructions regarding both the releases and the dismissal of pending cases.[1]

Among those receiving clemency was Enrique Tarrio, the former leader of the Proud Boys who had been serving a 22-year sentence for charges including seditious conspiracy.[17]

Reactions of pardoned people

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Several family members and friends of convicted defendants celebrated the news outside of the D.C. Jail.[28] Norm Pattis, defense lawyer for Proud Boys organizer Joe Biggs, called the pardons "wonderful" and expressed gratitude that Biggs would have his prison sentence cut short by 13 to 14 years.[29]

Jacob Chansley's immediate reaction to being pardoned was to post to X that he would buy guns.[30]

Reactions of police

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Daniel Hodges, a Metropolitan Police Department officer who had been repeatedly assaulted and crushed by rioters during the attack, stated "Thanks America." on his Twitter account in response to the decision.[31][29]

Former Capitol Police Sergeant Aquilino Gonell described the pardons as a "miserable" injustice due to taking away accountability from rioters who did "irreparable damage to our nation".

Former Capitol Police officer Harry Dunn called the pardons a "continuation of the stain that January 6th left on our nation", and stated that he was not surprised that Trump fulfilled his promise to those who he incited to attack him and the police guarding the Capitol.[32]

The Fraternal Order of Police and International Association of Chiefs of Police put out a joint statement saying that the mass pardon "sends a dangerous message that the consequences for attacking law enforcement are not severe".[33]

Reactions of politicians

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Nancy Pelosi, who was Speaker of the House of Representatives during the Jan. 6 attack, described the proclamation as "shameful" and a "outrageous insult" to police officers involved in and injured during the attack, and to the nation's justice system.[29] Democratic California Senator Adam Schiff called the pardon "obscene".[34] Senate Democratic Leader Chuck Schumer condemned the pardons, and remarked that Trump was leading the nation to a "Golden Age" for insurrectionary criminals.[29]

Some Republican leaders, including Senators Thom Tillis, James Lankford, Lisa Murkowski, and Bill Cassidy, also expressed disagreement with the mass pardon.[35]

After Trump issued the pardons, he answered affirmatively when a reporter asked if he agreed "that it's never acceptable to assault a police officer". When asked to reconcile that opinion with his having pardoned someone who "drove a stun gun into the neck of a D.C. police officer" (this attack was against Officer Michael Fanone), Trump replied, "Well, I don't know. Was it a pardon? We're looking at commutes. We're looking at pardons." When the reporter confirmed that this individual had been pardoned, Trump added, "OK, we'll take a look at everything." He continued speaking for another minute, adding: "These people have already served a long period of time, and I made a decision to give a pardon."[36]

References

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  1. ^ a b c d e "Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021" (Press release). The White House. January 20, 2025. Archived from the original on January 20, 2025. Retrieved January 21, 2025.
  2. ^ Brooks, Brad; Borter, Gabriella (January 19, 2021). "Trump fraud claims open Republican rift in Texas and other red states". Reuters. Retrieved January 19, 2021.
  3. ^ Carney, Jordain; Chalfant, Morgan (January 13, 2021). "Security concerns mount ahead of Biden inauguration". The Hill. Archived from the original on January 14, 2021. Retrieved January 13, 2021.
  4. ^ Fandos, Nicholas; Shear, Michael D. (December 18, 2019). "Trump Impeached for Abuse of Power and Obstruction of Congress (Published 2019)". The New York Times. ISSN 0362-4331. Retrieved January 19, 2021.
  5. ^ Breuninger, Kevin (June 22, 2022). "Trump had a direct role in plan to install fake electors. Key takeaways from the fourth Jan. 6 hearing". CNBC. Archived from the original on June 22, 2022. Retrieved July 29, 2022.
  6. ^ Haberman, Maggie; Savage, Charlie; Broadwater, Luke (August 8, 2023). "Previously Secret Memo Laid Out Strategy for Trump to Overturn Biden's Win - The House Jan. 6 committee's investigation did not uncover the memo, whose existence first came to light in last week's indictment". The New York Times. Archived from the original on August 9, 2023. Retrieved August 10, 2023.
  7. ^ Chesebro, Kenneth (December 13, 2020). "Brief notes on 'President of the Senate' strategy". Politico. Retrieved September 29, 2023.
  8. ^ "John Eastman's second memo on 'January 6 scenario'". Washington Post. Retrieved July 3, 2024.
  9. ^ Swan, Betsy Woodruff; Cheney, Kyle (March 30, 2022). "Inside Pence-world's preparation for a Jan. 6 legal showdown". Politico. Retrieved June 10, 2022.
  10. ^ Glantz, Aaron; The Center for Investigative Reporting (January 6, 2021). "Read Pence's full letter saying he can't claim 'unilateral authority' to reject electoral votes". PBS NewsHour. Associated Press. Archived from the original on January 6, 2021. Retrieved January 8, 2021.
  11. ^ Reeves, Jay; Mascaro, Lisa; Woodward, Calvin (January 11, 2021). "Capitol assault a more sinister attack than first appeared". Associated Press. Archived from the original on January 13, 2021. Retrieved January 12, 2021. Under battle flags bearing Donald Trump's name, the Capitol's attackers pinned a bloodied police officer in a doorway, his twisted face and screams captured on video. They mortally wounded another officer with a blunt weapon and body-slammed a third over a railing into the crowd. 'Hang Mike Pence!' the rioters chanted as they pressed inside, beating police with pipes. They demanded House Speaker Nancy Pelosi's whereabouts, too. They hunted any and all lawmakers: 'Where are they?' Outside, makeshift gallows stood, complete with sturdy wooden steps and the noose. Guns and pipe bombs had been stashed in the vicinity. ... The mob got stirring encouragement from Trump and more explicit marching orders from the president's men. 'Fight like hell,' Trump exhorted his partisans at the staging rally. 'Let's have trial by combat,' implored his lawyer, Rudy Giuliani, whose attempt to throw out election results in trial by courtroom failed. It's time to 'start taking down names and kicking ass', said Republican Representative Mo Brooks of Alabama. Criminals pardoned by Trump, among them Roger Stone and Michael Flynn, came forward at rallies on the eve of the attack to tell the crowds they were fighting a battle between good and evil
  12. ^ a b c Hall, Madison; Gould, Skye; Harrington, Rebecca; Shamsian, Jacob; Haroun, Azmi; Ardrey, Taylor; Snodgrass, Erin (January 5, 2023). "At least 978 people have been charged in the Capitol insurrection so far. This searchable table shows them all". Insider. Archived from the original on May 13, 2021. Retrieved January 6, 2023.
  13. ^ Alexander, Keith L. (December 31, 2021). "Prosecutors break down charges, convictions for 725 arrested so far in Jan. 6 attack on U.S. Capitol". Washington Post. Archived from the original on January 2, 2022. Retrieved January 1, 2022.
  14. ^ Rabinowitz, Hannah; Lybrand, Holmes (January 6, 2024). "It may be a long time, if ever, before everyone involved in January 6 is punished. Here's why". CNN. Archived from the original on February 4, 2024. Retrieved January 6, 2024.
  15. ^ "District of Columbia | Three Years Since the Jan. 6 Attack on the Capitol". justice.gov. October 6, 2023. Archived from the original on January 8, 2024. Retrieved January 8, 2024.
  16. ^ Long, Colleen; Merica, Dan (November 10, 2024). "Trump on Day 1: Begin deportation push, pardon Jan. 6 rioters and make his criminal cases vanish". AP News. Retrieved November 13, 2024.
  17. ^ a b c Quinn, Melissa (January 20, 2025). "Trump pardons about 1,500 Jan. 6 defendants - CBS News". CBS News. Retrieved January 21, 2025.
  18. ^ Pager, Tyler (January 30, 2022). "Trump suggests that if he is reelected, he will pardon Jan. 6 Capitol rioters". Washington Post. ISSN 0190-8286. Archived from the original on January 31, 2022. Retrieved January 30, 2022.
  19. ^ Papenfuss, Mary (June 17, 2022). "Trump Says He'll 'Look Very Seriously' At Pardoning Jan. 6 Defendants If Reelected". HuffPost. Archived from the original on June 21, 2022. Retrieved June 18, 2022.
  20. ^ Papenfuss, Mary (November 5, 2022). "'Let Them All Go Now': Trump Calls For Release Of Everyone Arrested In Jan. 6 Riot". HuffPost. Archived from the original on November 6, 2022. Retrieved November 6, 2022.
  21. ^ "Read: Transcript of CNN's town hall with former President Donald Trump". CNN. May 11, 2023. Archived from the original on May 15, 2023. Retrieved May 15, 2023.
  22. ^ Smith, Allan; Allen, Jonathan (September 17, 2023). "Here are 11 top moments from Trump's 'Meet the Press' interview". NBC News. Archived from the original on September 17, 2023. Retrieved September 17, 2023.
  23. ^ Moran, Lee (February 3, 2022). "Adam Schiff Explains Why Trump's Pardon Promise Is 'Very Important Evidence'". HuffPost. Archived from the original on February 5, 2022. Retrieved February 3, 2022.
  24. ^ Vakil, Caroline (February 2, 2022). "House Democrat: Trump 'absolutely' tampering with Jan. 6 witnesses". TheHill. Archived from the original on February 4, 2022. Retrieved February 3, 2022.
  25. ^ Vera, Kelby (December 8, 2024). "Trump Plans To Pardon Jan. 6 Rioters As Soon As He Returns To Office". HuffPost. Retrieved December 8, 2024.
  26. ^ Marquez, Alexandra; Tabet, Alex (January 12, 2025). "JD Vance says violent Jan. 6 rioters shouldn't receive pardons". NBC News. Retrieved January 21, 2025.
  27. ^ Hayes, Chris (September 1, 2023). "Proud Boy who said he was 'changed man' shouted 'Trump won' after judge left". MSNBC. Archived from the original on September 2, 2023. Retrieved September 2, 2023 – via YouTube.
  28. ^ "Trump Inauguration Day live updates: Trump pardons Jan. 6 rioters and signs flurry of executive orders on Day 1". NBC News. January 21, 2025. Retrieved January 21, 2025.
  29. ^ a b c d "Live updates: Trump issues pardons for Jan. 6 rioters and signs more executive orders". AP News. Retrieved January 21, 2025.
  30. ^ Dicker, Ron (January 22, 2025). "'QAnon Shaman' Makes Yikes-Inducing Comment After Trump Pardon For Jan. 6". HuffPost. Retrieved January 22, 2025.
  31. ^ Solender, Andrew (August 18, 2021). "Capitol Rioter Charged With Beating D.C. Officer Daniel Hodges With His Own Baton". Forbes. Retrieved September 20, 2024.
  32. ^ Delaney, Arthur (January 21, 2025). "Police Officers Who Defended Capitol From Trump's Mob Blast His Mass Pardon Of Rioters". Yahoo! News. Retrieved January 21, 2025.
  33. ^ Demianyk, Graeme (January 17, 2025). "Pro-Trump Police Union Blasts Jan. 6 Pardons". HuffPost. Retrieved January 22, 2025.
  34. ^ "'Obscene': Adam Schiff reacts to Trump's pardon of 1,500 Jan. 6 offenders". Inside with Jen Psaki. MSNBC. Retrieved January 21, 2025.
  35. ^ Fox, Lauren (January 21, 2025). "Republicans struggle to answer for Trump's pardon of January 6 defendants just hours into his presidency". CNN. Retrieved January 22, 2025.
  36. ^ Forbes Breaking News (January 21, 2025). BREAKING NEWS: Trump Takes Question After Question From The Press On First Full Day Back In Office. Event occurs at 0:00–2:10. Retrieved January 22, 2025 – via YouTube.
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