If Donald Trump follows through on his promise, one of his first acts upon returning to the White House will be to grant pardons to the rioters who stormed the U.S. Capitol on January 6, 2021.
The key question remains whether these pardons will be issued on a case-by-case basis or if they will be blanket pardons covering all defendants, regardless of the severity of their charges or actions.
When pressed for details, Trump has only mentioned that he will review “everything” quickly. During an interview, he suggested that even those who pleaded guilty to assaulting police officers would be pardoned, stating that they “had no choice.”
Trump’s sympathetic attitude towards the rioters has been evident, as he has referred to them as “patriots” and “political prisoners.” Despite the violence and deaths that occurred on January 6, he has downplayed the events, even calling it a “day of love.”
Several individuals, including Capitol Police Officer Brian Sicknick, lost their lives in connection with the Capitol attack. Over 1,500 people have been charged in connection with the events of January 6, with approximately 1,250 already convicted or pleaded guilty.
Leaders of extremist groups like the Proud Boys and Oath Keepers have received significant sentences for their roles in the attack, with charges ranging from misdemeanors to seditious conspiracy.
If Trump decides to pardon rioters without assault convictions, it may absolve extremist group leaders like Henry Tarrio and Elmer Rhodes, who were not charged with physical violence despite their plans relying on violence.
As Trump’s inauguration approaches, legal experts like former federal prosecutor Frank Bowman have discussed the potential for these pardons. Despite concerns, there seems to be little that can prevent Trump from granting them.
Is there anything or anyone who can stop Trump from issuing pardons for Jan. 6 rioters? No, there are few constraints on a president’s pardoning power in these cases, leaving little recourse to prevent such actions.
If a pardon is granted to someone who has been charged but has not yet faced trial, their entire case is effectively wiped away. If they are mid-trial when Trump issues a pardon, the person pardoned can present the pardon warrant in court, move to dismiss the case, and if the pardon covers the offenses being charged or already sentenced, the court can dismiss the case.
If Trump issues a blanket pardon, the net effect on the American public’s perception of justice would depend on the era. In a less divided era, pardoning individuals involved in criminal activities like assaulting the Capitol would likely receive a negative response. The unprecedented aspect of pardoning co-conspirators in crime makes the situation even more controversial.
While pardons following rebellions, insurrections, and other disturbances are common in history, pardoning individuals involved in criminal activities with the president is unprecedented. In the current political climate, where some segments of the electorate support Trump and view the events of January 6 differently, nearly 50% of the voting population may not see an issue with his potential pardons, despite the scandalous nature of the situation.
Congress is effectively helpless to stop Trump from issuing pardons, as the only potential legal constraints are impeachment or constitutional challenges. The abuse of pardons can lead to impeachment, as stated by some of the Framers during the founding era. While previously there were concerns about certain types of pardons constituting crimes, the Supreme Court has recently affirmed the president’s absolute immunity in exercising the power of pardoning. This immunity shields Donald Trump from any impeachment attempts, as seen in the acquittal by the Senate in February 2021.
History reveals that pardoning former insurrectionists is constitutionally permissible, despite the risks involved. The Framers debated the pardon of treasonous individuals, acknowledging the potential dangers of pardoning co-conspirators. However, they ultimately decided to allow for the pardon of even treason, believing it could help reconcile the country in times of insurrection.
The issuance of blanket pardons raises concerns about enabling impunity for grave constitutional crimes and co-conspirators. While this practice is deeply troubling and dangerous, the current political climate, particularly the lack of opposition from a Republican-majority Congress, makes it unlikely for any repercussions to be faced.
In the scenario where pardoned individuals engage in criminal activities post-pardon, they could potentially face charges if the Department of Justice decides to pursue them. However, with the possibility of immediate pardons by Trump, there is a risk that criminal actions could go unpunished.
Overall, the abuse of pardons poses significant challenges to accountability and the rule of law, highlighting the importance of upholding democratic principles in the face of such abuses. sentence: Please do not forget to bring your ID with you.
Don’t forget to bring your ID.
