Politics
Will Donald Trump pardon the people charged for the Jan. 6 attack on the Capitol? This is what the experts say
Four years on from the disruptive political event, the new president-elect looks set to pardon those responsible. he has the authority to do it.
As President-elect Donald Trump prepares to take office on January 20, 2025, one of the most contentious issues looming over his incoming administration is his promise to pardon many of those charged in connection with the January 6, 2021 attack on the U.S. Capitol.
Throughout his campaign, Trump repeatedly vowed to issue pardons to January 6 defendants, characterizing them as individuals who have “suffered long and hard”. He has stated his intention to act swiftly, potentially pardoning many on his first day in office. However, Trump has also indicated there may be exceptions, particularly for those deemed “radical” or “crazy”.
According to the U.S. Attorney’s Office, approximately 1,583 defendants have faced federal charges related to the Capitol attack. Of these, about 608 have been charged with assaulting, resisting, or interfering with law enforcement, according to NBC News.
“I’m going to do case-by-case,” Trump said, “and if they were non-violent, I think they’ve been greatly punished. And the answer is I will be doing that, yeah, I’m going to look if there’s some that really were out of control.”
How can Donald Trump pardon them?
Legal experts and scholars have weighed in on the potential pardons for January 6 defendants, highlighting several key legal considerations.
The president’s pardon power is broad but not unlimited. While Trump would have the authority to issue pardons for federal crimes related to the Capitol attack, some legal experts argue that pardons for certain offenses could face legal challenges. State charges would not be overturned.
“If Trump takes a selective approach, that’s one thing, but if it appears to be a more blanket approach that really forgives all those that were involved in January 6, I think that would really undermine respect for the constitution and respect, frankly, for law and order,” former White House chief of staff, CIA director and secretary of defense Leon Panetta told the Guardian.
Constitutional scholars emphasize that the exact scope and criteria for these pardons remain uncertain. Some experts suggest that Trump may need to evaluate cases individually, potentially distinguishing between nonviolent offenders and those charged with more serious crimes before letting people off.
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