DC’s top prosecutor on Trump's potential Jan. 6 pardons: ‘I don't see a basis’

The outgoing top prosecutor for the nation’s capital said that he doesn’t see a basis for President-elect Trump to pardon those who stormed the Capitol on Jan. 6, 2021, in an exit interview with The Washington Post.

U.S. Attorney for the District of Columbia Matthew Graves, who spearheaded the Justice Department’s (DOJ) investigation into the Jan. 6 Capitol attack, officially stepped down on Friday.

When questioned if there is anyone among the Jan. 6 cases who could legitimately by offered some type of clemency, Graves said, “As the prosecutor who prosecuted these cases, I don’t see a basis for a pardon or clemency.”

“And that shouldn’t be in any way controversial,” he added. “Because if I thought that the case shouldn’t have been prosecuted, I wouldn’t have prosecuted it. And if I thought that there was some reason for a lesser sentence, I would have advocated for that lesser sentence.”

Graves announced last month that he would step down before Trump returns to the White House. His office has charged more than 1,500 defendants accused of participating in Jan. 6, their charges underpinned by tens of thousands of hours of video and photo evidence, cellphone data and eyewitness testimony. Of those defendants, 996 people have pleaded guilty, and 255 people were convicted by a jury or judge.

Earlier this week, Graves also ensured that investigations and information related to the insurrection would be preserved and will be available later for public review.

Trump repeatedly promised during the 2024 campaign to grant clemency to those who stormed the Capitol as Congress certified President Biden’s 2020 election victory.

“There’s a whole political consideration on the back end about whether an executive wants to either reduce the sentence or grant a pardon," Graves told the Post on Friday. "That is a completely separate process. I never said that wouldn’t be legitimate."

Vice President-elect JD Vance (R-Ohio) on Sunday said people who “committed violence” on Jan. 6, 2021, “obviously” shouldn’t be pardoned by Trump.

Meanwhile, Trump’s pledge for pardons for the rioters could be carried out as early on Monday, once he is sworn into office, after he promised pardons on day one.

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