President Trump yesterday issued a sweeping grant of clemency to nearly all of the approximately 1,600 people charged in connection with the rioting in and around the Capitol on January 6, 2021. Shortly after being sworn in as the 47th President of the United States, Trump issued pardons to most of the defendants and commuted the sentences of 14 members of the Proud Boys and Oath Keepers militia, most of whom were convicted of seditious conspiracy. Trump also directed the Justice Department to dismiss “all pending indictments” against people facing charges for the riots.
While the pardons of many J-6 defendants were expected, the scope of Trump’s clemency was unknown until yesterday. The President even pardoned Enrique Tarrio, the former leader of the Proud Boys who is serving a 22-year prison term after being convicted at trial of seditious conspiracy and using violent force against the government. The pardons were as all-inclusive as anyone could imagine, and, predictably, the Axis is freaking out.
“These pardons suggest that if you commit acts of violence, as long as you do so on behalf of a politically powerful person you may be able to escape consequences,” said Alexis Loeb, who personally supervised many riot cases. “They undermine and are a blow to the sacrifice of all the officers who put themselves in the face of harm to protect democracy on Jan. 6.” The New York Times report stated in part,
Beyond the effect the pardons and commutations will have on the lives of those who received them, they also served Mr. Trump’s mission of rewriting the history of Jan. 6. Throughout his presidential campaign and after he won the election, he has tried repeatedly to play down the violent nature of the Capitol attack and reframe it, falsely, as a “day of love.”
Mr. Trump’s actions were in essence his boldest moves yet in seeking to recast his supporters — and himself — as the victims, not the perpetrators, of Jan. 6. By granting clemency to the members of a mob that used physical violence to stop the democratic process in its tracks, Mr. Trump gave the imprimatur of the presidency to the rioters’ claims that they were not properly prosecuted criminal defendants, but rather unfairly persecuted political prisoners.
As a legal matter, the pardons and commutations effectively unwound the largest single criminal inquiry the Justice Department has undertaken in its 155-year history. They wiped away all of the charges that had already been brought and the sentences already handed down while also stopping any new cases from moving forward.
Within minutes of Trump’s action, my Trump-Deranged sister, a former Justice Department lawyer, called me on the phone to scream about it.
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