Clemency News: President Trump Grants Clemency to January 6 Offenders
President Trump granted clemency to hundreds of individuals who were charged with or convicted of actions around the United States Capitol on January 6.
WASHINGTON (AP) — President Donald Trump has pardoned, commuted the prison sentences or vowed to dismiss the cases of all of the 1,500-plus people charged with crimes in the Jan. 6, 2021, U.S. Capitol riot, including people convicted of assaulting police officers, using his clemency powers on his first day back in office to undo the massive prosecution of the unprecedented assault on the seat of American democracy.
Trump’s action, just hours after his return to the White House on Monday, paves the way for the release from prison of people found guilty of violent attacks on police, as well as leaders of far-right extremist groups convicted of failed plots to keep the Republican in power after he lost the 2020 presidential election to Democrat Joe Biden.
The pardons are a culmination of Trump’s yearslong campaign to rewrite the history of the Jan. 6 attack, which left more than 100 police officers injured as the angry mob of Trump supporters — some armed with poles, bats and bear spray — overwhelmed law enforcement, shattered windows and sent lawmakers and aides running into hiding. While pardons were expected, the speed and the scope of the clemency amounted to a stunning dismantling of the Justice Department’s effort to hold participants accountable over what has been described as one of the darkest days in the country’s history.
As indicated, the clemency actions included both the commutation of sentences of persons who were currently imprisoned and the pardons of those who were already convicted previously, be it misdemeanors or felonies.
A PROCLAMATION
This proclamation ends a grave national injustice that has been perpetrated upon the American people over the last four years and begins a process of national reconciliation.
Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I do hereby:
(a) commute the sentences of the following individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021, to time served as of January 20, 2025:
[...]
(b) grant a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021;
The Attorney General shall administer and effectuate the immediate issuance of certificates of pardon to all individuals described in section (b) above, and shall ensure that all individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021, who are currently held in prison are released immediately. The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive.
I further direct the Attorney General to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021. The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive.
The Impact of this on Persons Charged
The impact of the clemency decision depends on where the accused person was in the process of their case.
If a person was still under investigation but not charged, then the impact of the pardon would, generally speaking, be the cessation of any further investigation. The police or FBI would stop looking into the case and they would not be charged with any offenses.
If a person was charged and still going through the process (as in trial or plea proceedings) then this would mean that their case would get dismissed and that no further federal charges would be likely.
For those who were convicted and finished their sentence, this would serve as executive forgiveness. It would NOT mean that their records were wiped clean, as that is outside the terms of the pardon.
For those who were convicted and sentenced, this would lead to most likely an immediate release followed by forgiveness but still not the wiping away of their sentence.
Clemency