As Congress gathers on Monday to verify President-elect Donald Trump’s 2024 election victory by tallying the Electoral College votes, the attention of approximately 1,500 individuals implicated in the Capitol attack four years earlier will be keenly focused on the outcome. These individuals, part of the largest investigation in the history of the Justice Department, are awaiting the possibility of Trump granting them pardons or commutations of their sentences.
Over 1,580 people have been charged in connection with the riot that took place on January 6, 2021, with more than 170 allegedly using lethal or harmful weapons like fire extinguishers and bear spray against officers. While most were accused of nonviolent misdemeanor offenses, some were charged with plotting to use force to resist the peaceful transfer of power. Several confessed to attacking officers and members of the media.
Over 1,000 defendants have pleaded guilty, and around 220 have been convicted at trial. Furthermore, federal investigators are seeking public assistance in finding at least five known fugitives. The Justice Department has fully adjudicated 1,100 cases, with hundreds of defendants having already served their prison terms.
The outgoing U.S. attorney in Washington, D.C., continues to bring new charges against defendants. The U.S. Attorney’s Office has stated its commitment to pursuing those who are criminally culpable, particularly those who attacked law enforcement officers and disrupted the peaceful transition of power. However, Trump’s promise to pardon some defendants and end the investigation could result in many convictions being expunged and records cleared.
During an interview with NBC News’ “Meet the Press” in December, Trump expressed his inclination to pardon many of the defendants immediately upon his inauguration. He also acknowledged that some individuals went too far and might not receive a pardon. The President-elect expressed compassion for the Jan. 6 defendants, remarking that they had “suffered long and hard.”
The Constitution provides presidents with the unrestricted power to pardon any federal crime. In December, President Biden used this authority to pardon his son, Hunter, for nonviolent crimes after demonstrating remorse and rehabilitation, a move that was met with bipartisan criticism. Presidents usually work with the Justice Department’s pardon attorney to review clemency requests. However, the Trump transition team has yet to reveal how it plans to handle the massive task of reviewing pardons for the hundreds of Jan. 6 defendants.
Trump intends to nominate former Florida Attorney General Pam Bondi as attorney general and former defense official Kash Patel as FBI director. If confirmed, Bondi and Patel – who has expressed his opposition to the Jan. 6 prosecutions – would have the power to terminate the Capitol breach investigations and influence the administration’s clemency strategy.
As Trump’s inauguration approaches, Jan. 6 defendants are urging judges to halt their cases or postpone proceedings, citing Trump’s promise of pardons. The future of the Jan. 6 investigations remains uncertain, with potential pardons raising concerns. Despite the controversy, Trump’s spokeswoman, Caroline Leavitt, insists that the President-elect will “pardon Americans who were denied due process and unfairly prosecuted by the weaponized Department of Justice.”
