Trump’s return to White House could mean pardons for Jan. 6 defendants
WASHINGTON - 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.
With Trump set to return to the Oval Office, the possibility of pardons for hundreds of January 6 defendants is gaining momentum.
In the nearly four years since the January 6, 2021, attack, more than 1,000 people have been charged, with many receiving convictions.
Legal experts say that, if Trump follows through on his commitment, those cases could soon be dismissed or overturned.
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Trump has openly expressed his intent to issue pardons to January 6 defendants. In an August interview, Trump stated, "Oh absolutely I would … If they’re innocent, I would pardon them … well, they were convicted by a very tough system."
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Trump is charged with obstruction of an official proceeding, conspiracy to obstruct an official proceeding, conspiracy to defraud the U.S. and conspiracy against the right to vote.
Since Election Day, at least one defendant has cited Trump’s comments while attempting to delay their case, though unsuccessfully.
With Trump soon to be in office, Mark A. Graber, a professor at the University of Maryland Francis King Carey School of Law, expects a major shift in how January 6 cases are handled.
"Trump is the president, and in the United States, the president basically controls prosecutions," Graber said.
A large group of pro-Trump protesters stand on the East steps of the Capitol Building after storming its grounds on January 6, 2021 in Washington, DC. (Photo by Jon Cherry/Getty Images)
Graber speculated that defendants might have a clear path to freedom following Trump’s inauguration, adding, "I could make plans after Trump’s inauguration. I could say, ‘You know, honey I’ll be home. I’ll be home by February.’"
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Beyond his plans for January 6 defendants, Trump himself faces federal charges related to the Capitol attack.
Graber suggested that, ultimately, Trump’s own cases—and those against other defendants—could also disappear.