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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
President Trump after having signed the order
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 that granted clemency to about 1,200 people convicted of offenses related to the January 6 United States Capitol attack that occurred near the end of his first presidential term.[1]

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] He promoted a revisionist history of the event by downplaying the severity of the violence and spreading conspiracy theories.[18][19] House Republicans also spread a fringe conspiracy that the FBI orchestrated the attack.[20] 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,[21] which he repeated at a Tennessee rally in June 2022.[22] In November, four days before the midterm elections, he said: "Let them all go now!"[23] 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".[24] 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."[25]

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.[26] Representative Pete Aguilar, who was also on the committee, told CNN the same day that he considered Trump's offer to be witness tampering.[27]

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."[28] Then-vice president elect JD Vance stated that pardons should be given to those who "protested peacefully", and not those who did so violently.[29] Vance initially advocated for a blanket pardon in private but thought Trump wouldn't want to do so for political reasons, and was reportedly "100% behind" Trump's decision to grant clemency to all rioters.[30]

Presidential clemency

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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] Two inside sources stated that Trump made the decision to give blanket pardons at the "last minute" just days before the inauguration,[31] with one advisor saying Trump said "Fuck it: Release 'em all".[30]

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][32] 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]

Pardons granted

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Organizers

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Sentenced Capitol attackers

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  • David Nicholas Dempsey, sentenced in August 2024 to 20 years in prison for stomping on police officers' heads, using flagpoles and other objects to attack officers, and spraying bear spray into the gas mask of an officer. His prior criminal record included burglary, theft, and assault.[33][34]
  • Peter Schwartz, sentenced in 2024 to 14 years for assaulting police officers with pepper spray.[35]
  • Daniel Joseph "DJ" Rodriguez, sentenced in 2023 to 12.5 years in prison for conspiracy and obstruction of an official proceeding, obstruction of justice, and assaulting a law enforcement officer with a deadly or dangerous weapon. Rodriguez had dragged Officer Michael Fanone down the steps of the lower west terrace of the Capitol and shot him twice with a stun gun held to his neck. Fanone had a heart attack and received other injuries during the attack.[36][37][33] Video footage also showed Rodriguez deploying a fire extinguisher and attacking other officers with a wooden pole.[36]
  • Christopher Joseph Quaglin, member of the Proud Boys, sentenced in May 2024 by a Trump-appointed judge to 12 years in prison for choking and tackling a police officer to the ground, attacking other officers with metal bike racks, stolen police shields, and pepper spray.[33][38]
  • Alan Hostetter, retired police chief, sentenced in 2023 to 11 years in prison for conspiracy to obstruct an official proceeding. He drove to Washington with hatchets, knives, stun batons, pepper spray, and other gear for himself and others and used a bullhorn to encourage rioters to break the police line.[39]
  • Thomas Webster, retired police officer, sentenced in 2022 to 10 years in prison for attacking an officer with a flagpole and tackling him.[37][40]
  • Christopher J. Worrell, a Proud Boy member, sentenced in 2024 to 10 years in prison for attacking police officers with pepper spray.[41]
  • Thomas H. Smith, sentenced in 2023 to 9 years in prison for assaulting police officers with a metal pole.[42]

Violent attackers who had awaited trial

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  • Daniel Ball. Was awaiting trial; accused of throwing a device that "flashed and exploded", a wooden leg of a chair or table, and other objects at officers in the Lower West Terrace tunnel, and for damaging a shutter. Investigators searching his Florida residence as part of the case had found a firearm and ammunition, items he was not allow to possess because of two prior felony convictions. He was served with the arrest warrant on a federal gun charge while still in custody and is awaiting extradition to Florida.[43][44]
[edit]

Analysis

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Trump's grant of clemency was described by counterterrorism researchers as encouraging future political violence,[45] and Trump later suggested the Proud Boys and Oath Keepers may have a place in the political conversation.[46]

Employees in the Justice Department and legal scholars called the pardons an unprecedented and dangerous use of the pardon and created a mockery of federal law enforcement, their work, and the US justice system. An anonymous senior official in the Justice Department called the pardons a green light signal to political violence and that nothing done during the January 6 attack were wrong. They continued calling the pardons a campaign of personal retribution.[47]

US District Judge Royce Lamberth, who was appointed by Ronald Reagan, stated during a case on 25 January 2024 that during his time on the bench, he could never recall "such meritless justifications of criminal activity".[48][49] Randall Eliason, a former federal prosecutor and professor at George Washington University Law School called the pardons as an abuse of power by Trump, and it signaled that if they commit crimes on Trump's behalf there would be no accountability. Bruce Ackerman, a law and political science professor at Yale Law School echoed the sentiment calling the action, "..a president pardoning his allies for their participation in a violent coup d'etat".[47]

Reactions

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A PBS/Marist poll conducted a month before the pardons found that 89% of Democrats, 62% of independents, and 30% of Republicans disapproved of pardons.[50] Reuters/Ipsos polling conducted shortly before and during Trump's pardons found that 58% of people found that Trump should not pardon all those involved in the riot.[51] NPR reported that some Trump voters expressed disapproval of the sweeping pardons, but that "Trump's staunchest supporters, though, refuse to believe that fellow backers of the president were violent that day" and cited conspiracy theories they read on social media.[50]

Pardoned people

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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.[52]

Jacob Chansley's immediate reaction to being pardoned was to post to X that he would buy guns.[53] Stewart Rhodes told reporters that his actions on January 6 were justified and called for the prosecution of the Capitol police who testified against him at his trial and the Justice Department lawyers who were involved in his case.[54] Enrique Tarrio and Stewart Rhodes asserted that they wanted Trump to seek revenge on their behalf.[55] On January 22, Stewart Rhodes appeared on Capitol Hill and delivered a speech defending his actions.[56]

Pamela Hemphill objected to the pardons, saying that "We were wrong that day. We broke the law. There should be no pardons" and that accepting it would "contribute to their gaslighting and false narrative" in an attempt to "rewrite history", and that the Justice Department was not weaponized against Trump supporters.[57][58]

Family of pardoned people

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Several family members and friends of convicted defendants celebrated the news outside of the D.C. Jail.[59]

Jackson Reffitt reported his father, Guy Reffitt, days before the attack on the Capitol. He said that, after the attack on the Capitol, his father warned him not to report him because "traitors get shot." Jackson went on to testify against him in court, and Guy was sentenced to over seven years in prison. On January 22, 2025, Jackson told MSNBC he had received death threats and feared what his father, having been pardoned, might do to him.[60]

Police

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Daniel Hodges, a Metropolitan Police Department officer who had been repeatedly assaulted and crushed by rioters during the attack, responded to the pardons on his Twitter account: "Thanks America.".[61][52] Former Metropolitan police officer Michael Fanone, who was beaten and tased until unconscious during the riot, was asked during a CNN interview what he would say to Oath Keepers founder Stewart Rhodes. Fanone replied, "Go fuck yourself. You're a liar".[62]

Former Capitol Police Sergeant Aquilino Gonell described the pardons as a "miserable" injustice that removed accountability from rioters who did "irreparable damage to our nation".[63][64] Former Capitol Police officer Harry Dunn called the pardons a "continuation of the stain that January 6th left on our nation", and said he was not surprised that Trump fulfilled his promise to people he had incited to attack the Capitol and its defenders.[65]

The Fraternal Order of Police—the nation's largest police union, which endorsed Trump in each of the last three elections—joined the International Association of Chiefs of Police in condemning the mass pardon.[66] In a joint statement[67] on January 22, 2025, the organizations said that the pardon of "individuals convicted of killing or assaulting law enforcement officers...sends a dangerous message that the consequences for attacking law enforcement are not severe".[68]

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.[52] Democratic California Senator Adam Schiff called the pardon "obscene".[69] Senate Democratic Leader Chuck Schumer condemned the pardons, and remarked that Trump was leading the nation to a "Golden Age" for insurrectionary criminals.[52]

Some Republican leaders, including Senators Thom Tillis, James Lankford, Lisa Murkowski, and Bill Cassidy, also expressed disagreement with the mass pardon.[70]

However, House Speaker Mike Johnson favored the pardon, implying that the attack on the Capitol had been peaceful: "I think what was made clear all along is that peaceful protests and people who engage in that should never be punished."[71]

Representative Lauren Boebert spoke favorably of the pardoned people: "I want to see them for their release, and you know, I'll be the first member of Congress to offer them a guided tour of the Capitol."[72]

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."[73][74]

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.
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  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.
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  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
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  32. ^ 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.
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  41. ^ https://www.washingtonpost.com/dc-md-va/2025/01/19/j6-offenders-longest-sentences-capitol-riot/ . Retrieved 25 January 2025.
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  46. ^ Gustav, Kilander (January 22, 2025). "Trump wildly suggests Proud Boys, Oath Keepers might have a place in the 'political conversation'". The Independent. Retrieved January 22, 2025. President Donald Trump has suggested that far-right militias such as the Proud Boys and Oath Keepers may have a role to play in public life. Trump was asked during a press conference in the Roosevelt Room on Tuesday if there's room for the leaders of such groups in the political conversation. "We'll have to see," said Trump, according to Politico.
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  48. ^ "Trump's Opening Act of Contempt". The New York Times. January 20, 2025. Retrieved January 23, 2025. But in pronouncing sentence against a rioter last January, he said he had never seen such a level of "meritless justifications of criminal activity" in the political mainstream.
  49. ^ "United States District Court for the District of Columbia Case No. 1:21-cr-315-RCL" (PDF). CourtListener. January 25, 2024. Retrieved January 23, 2025. But in my thirty-seven years on the bench, I cannot recall a time when such meritless justifications of criminal activity have gone mainstream
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  64. ^ Delaney, Arthur (January 21, 2025). "Police Officers Who Defended Capitol From Trump's Mob Blast His Mass Pardon Of Rioters". Yahoo News. Retrieved January 25, 2025. erases accountability for the criminals who have done irreparable damage to our nation
  65. ^ 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.
  66. ^ Palmer, Ewan (January 22, 2025). "Police union that endorsed Trump condemns Jan 6 pardons—"Dangerous message"". Newsweek. Retrieved January 24, 2025.
  67. ^ "Joint IACP-FOP Statement on the Recent Presidential Pardons" (PDF). Fraternal Order of Police. January 22, 2025. Archived from the original (PDF) on January 23, 2025. Retrieved January 23, 2025.
  68. ^ Demianyk, Graeme (January 17, 2025). "Pro-Trump Police Union Blasts Jan. 6 Pardons". HuffPost. Retrieved January 22, 2025.
  69. ^ "'Obscene': Adam Schiff reacts to Trump's pardon of 1,500 Jan. 6 offenders". Inside with Jen Psaki. MSNBC. Retrieved January 21, 2025.
  70. ^ 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.
  71. ^ Delaney, Arthur (January 22, 2025). "'We Believe In Second Chances': Mike Johnson Defends Pardons For Cop Beaters". HuffPost. Retrieved January 24, 2025.
  72. ^ The Florida Times-Union (January 21, 2025). After Trump pardon of Jan. 6 rioters, Lauren Boebert offers guided tour of US Capitol after release. Event occurs at 2:46–2:53. Retrieved January 24, 2025 – via YouTube.
  73. ^ 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.
  74. ^ "Trump Holds First News Conference". Rev. January 22, 2025. Archived from the original on January 23, 2025. Retrieved January 23, 2025.
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