As Donald Trump prepares for his unprecedented return to the presidency as the first felon elected to the White House, he has stirred unease with his pledge to pardon individuals charged in connection with the January 6th insurrection according to Axios.
Trump's intention to pardon these defendants as one of his initial presidential acts highlights his controversial approach to the pardon power.
Trump is set to reassume the role of President of the United States, complete with its accompanying executive powers. Among these is the ability to issue pardons for federal and military convictions, a power he plans to use imminently.
Trump's announcement that he intends to pardon individuals involved in the January 6th riot at the U.S. Capitol has garnered considerable public and media attention. This incident saw a breach of the Capitol building, leading to widespread condemnation.
A presidential pardon is a powerful tool that allows the president to fully or conditionally forgive federal offenses, thus excusing the convicted individual from serving their sentence.
The power extends to crimes adjudicated in U.S. District Courts, the Superior Court of D.C., and military courts-martial, but does not allow a president to pardon himself from state-level or civil offenses.
This means that despite his pardoning capabilities, Trump cannot pardon himself for his New York convictions, which are state crimes. However, his return to office and the potential influence of his presidential status may impact other ongoing legal evaluations of his actions.
Since his election win, Trump has vocally supported those convicted over their involvement in the January 6 riot. Many, like Christopher Carnell and Enrique Tarrio, have started to seek clemency in hopes that the new administration will be more sympathetic to their cases.
Trump's pardoning history is not limited to unknown citizens; it also touches high-profile cases. For instance, he has floated the possibility of pardoning Hunter Biden, who faces conviction on federal gun charges. "I wouldn't take it off the books," Trump has said, indicating an openness to the idea.
His penchant for pardons was evident during his first term when he pardoned 74 people and commuted 70 sentences, which notably included Joe Arpaio, the former sheriff of Maricopa County, Arizona, who was convicted of criminal contempt.
New York City Mayor Eric Adams, who also faces federal charges, mentioned his intent to cooperate with Trump's administration. During a recent conversation, Trump empathized with Adams, stating, "We were persecuted, Eric. I was persecuted, and so are you."
Legal and political analysts are keeping a close watch on how Trump’s use of his pardon power could affect the broader political and judicial landscape of the country.
Trump’s readiness to pardon the January 6 defendants might set a precedent that could influence future presidential pardon uses.
Rachel Scott of ABC News highlighted the severity of the system that convicted these rioters by saying, "Well, they were convicted by a very tough system." Trump responded affirmatively to deserving cases, "If they're innocent, I would pardon them."
Tarrio's lawyer, Nayib Hassan, encapsulated the anticipation building around Trump's potential actions, noting, "We look forward to what the future holds, both in terms of the judicial process for our client and the broader political landscape under the new administration."