Trump’s Jan. 6 pardons: Here’s what to know about potential clemencies

President-elect Trump is expected to make good on his promises to pardon at least some Jan. 6 rioters on Monday once he assumes the presidency and kicks off his second term in the White House.

Though Trump and his top deputies have kept it vague on which rioters he intends to grant clemency, they’ve insisted he plans to take a "case-by-case" approach to reviewing the files of nearly 1,600 defendants accused of storming the Capitol while Congress certified the presidential election win of his Democratic opponent, President Biden, in 2020.

The rioters, whom Trump has claimed are “political prisoners,” span nonviolent misdemeanor offenders to extremist group leaders convicted of plotting to forcibly oppose the government’s authority.

Here’s what to know about the potential pardons to come.

Who could be pardoned?

Presidents are granted broad authority to issue pardons and other clemency, meaning that Trump faces little restriction in issuing pardons to his supporters who played a role in the Capitol attack.

Though Jan. 6 defendants who only faced misdemeanor charges are the likeliest recipients of a pardon, the Justice Department has not stated exactly how many of those defendants exist. Somewhat clarifying is the DOJ’s statistic that 682 of the 1,009 people who have pleaded guilty only pleaded out to misdemeanors.

Rioters were commonly charged with only misdemeanors if they trespassed in the Capitol but did not engage in violence or destruction.

Pardons get more complicated for rioters who were charged with violence. More than 600 Jan. 6 defendants have been charged with assaulting, resisting or impeding police, including nearly 200 who carried dangerous or deadly weapons, from tasers and pepper spray to firearms, axes and makeshift weapons.

Pam Bondi, Trump’s pick for attorney general, said during her confirmation hearing Wednesday that she would review each case individually if asked by Trump to consult but condemned the rioters who attacked law enforcement.

“Let me be very clear in speaking to you: I condemn any violence on a law enforcement officer in this country,” Bondi said.

Extremist group leaders in the mix

Most unclear is whether leaders of extremist groups convicted of seditious conspiracy, or plotting to forcibly oppose the authority of the government, will be granted any clemency.

Ten people, all members of the Proud Boys or Oath Keepers, were convicted of sedition — the tour de force of the Justice Department’s wide-sweeping Jan. 6 prosecution.

The convictions marked the first time since 1995 that federal prosecutors won a guilty verdict on the rare Civil War-era charge, when they convicted Islamic militants who schemed to bomb New York City landmarks.

Ex-Proud Boys national chairman Enrique Tarrio and a top deputy, Joe Biggs, have formally requested pardons from the president-elect. Tarrio is serving 22 years in prison, while Biggs was sentenced to 17 years.

Stewart Rhodes, founder of the Oath Keepers, wrote in a Thursday op-ed for the right-wing blog Gateway Pundit that Trump should pardon all Jan. 6 defendants — “even the ‘violent’ ones.”

“All were denied a fair trial, so all should be pardoned and made whole,” he argued.

On social media, rioters and their political allies have similarly urged “no man left behind.” An advocacy group for Jan. 6 defendants, founded by rioter Jake Lang, held a conference on the anniversary of the attack which featured prominent right-wing figures and spread the same message.

What Trump, Vance have said

Trump and his allies have stayed relatively mum about which rioters will be granted clemency, but a blanket pardon for everyone who participated in the attack seems less and less likely.

The president-elect has said he intends to pardon “most” rioters but that there could be “some exceptions” — though he has not publicly ruled any out, including for more serious offenders.

However, Vice President-elect Vance last week said that people who “committed violence” on Jan. 6, should “obviously” not receive pardons.

“And there’s a little bit of a gray area there,” he said.

However, following outrage from some Jan. 6 supporters, he added that he and Trump care about “people unjustly locked up.”

“Yes, that includes people provoked and it includes people who got a garbage trial,” he wrote on the social media platform X.

Future prosecutions in question

Even if Trump’s Jan. 6 pardon plan becomes apparent on Day One, questions will remain about the future of the Justice Department’s prosecution of the Capitol attack.

Hundreds of Jan. 6 cases are still pending in federal court, and the government is also mulling bringing charges against as many as 200 more people for their roles in the Capitol attack, including for some 60 individuals suspected of assaulting or impeding law enforcement.

Trump’s Justice Department could decide to halt all remaining prosecutions or drop charges for some defendants who have not yet gone to trial. Or it could decide to let some cases move forward.

But either way, the rhetoric espoused in court filings and courtrooms by Biden’s Justice Department will likely shift once Trump takes over.

While federal prosecutors under Biden have described the Capitol attack as “a crime of historic magnitude,” the president-elect has called rioters “political prisoners,” and Jan. 6, “a day of love.”

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