Trump’s pardon promises add complexity to DOJ’s January 6 prosecutions
Capitol riot defendants seek delays amid Trump’s pardon pledges
Prosecutions of January 6 criminal defendants remain a priority for the Department of Justice nearly four years after the Capitol riot. FOX 5's Katie Barlow breaks down how the fate of these prosecutions could change dramatically if former President Donald Trump follows through on his promise to pardon many of those convicted for their actions that day.
WASHINGTON - Prosecutions of January 6 criminal defendants remain a priority for the Department of Justice nearly four years after the Capitol riot.
The D.C. federal courthouse continues to see a steady stream of trials, hearings, and sentencings related to the attack, which FBI Director Christopher Wray has labeled as an act of domestic terrorism.
But the fate of these prosecutions could change dramatically if former President Donald Trump, now President-elect, follows through on his promise to pardon many of those convicted for their actions that day.
Signs warning against trespassing under federal law have already been posted by Capitol Police around the Capitol building in preparation for January 6, 2025, when Congress will certify Trump’s victory. The signs are a reminder of the very law that many January 6 defendants have been charged with violating.
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Trump’s return to White House could mean pardons for Jan. 6 defendants
President-elect Donald Trump’s promise to pardon those involved in the January 6 attack on the U.S. Capitol has sparked renewed hope for many defendants convicted over the past four years.
Edward Jacob Lang, a defendant charged for his alleged involvement in the Capitol riot, recently requested a postponement of his trial, citing Trump’s promise of pardons. He is not alone — at least ten defendants have made similar requests since Trump’s re-election.
The Department of Justice is pushing back, arguing that these pardon requests are speculative.
In a filing opposing Lang’s request, the DOJ pointed to nine recent court decisions denying similar delays. The government emphasized that a pardon is an act of grace, not a certainty.
"The pardon power is unlimited," said Mark Graber, a constitutional law professor at the University of Maryland. "Let’s imagine a different president who decides, ‘I’m going to pardon everyone engaged in insider trading who is over six feet tall.’ Utterly arbitrary. They can do it."
Incoming White House Press Secretary Karoline Leavitt provided some clarification, stating, "President Trump will make pardon decisions on a case-by-case basis."
The DOJ continues to allocate significant resources toward these cases, underscoring the government’s commitment to holding those responsible for the Capitol riot accountable.
For now, the future of these cases hangs in the balance, as federal judges, prosecutors, and defense attorneys navigate a landscape shaped by the possibility of mass pardons in a second Trump administration.