By ALANNA DURKIN RICHER and MICHAEL KUNZELMAN
WASHINGTON (AP) — President Donald Trump on Monday pardoned or commuted the prison sentences of all of the 1,500-plus people charged with crimes in the Jan. 6, 2021, U.S. Capitol riot, including people convicted of seditious conspiracy and assaulting police officers, using his clemency powers on his first day in office to undo the massive prosecution of the unprecedented assault on the seat of American democracy.
Among those set to be released from prison are defendants captured on camera committing violent attacks on law enforcement as lawmakers met to certify President Joe Biden’s 2020 election victory. Leaders of the Oath Keepers and Proud Boys extremist groups who were found of seditious conspiracy in the most serious cases brought by the Justice Department will also be freed from prison after having their sentences commuted. Trump is directing the attorney general to seek the dismissal of about 450 pending cases.
The pardons were expected after Trump’s yearslong campaign to rewrite the history of the Jan. 6 attack that left more than 100 police officers injured and threatened the peaceful transfer of power. Yet the scope of the clemency, coming hours after Trump returned to power, still comes as 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 county’s history.
Trump had suggested in the weeks leading up to his return to the White House that instead of blanket pardons, he would look at the Jan. 6 defendants on a case-by-case basis. Vice President JD Vance had said just days ago that people responsible for the violence during the Capitol riot “obviously” should not be pardoned.
Casting the rioters as “patriots” and “hostages,” Trump has claimed they were unfairly treated by the Justice Department that also charged him with federal crimes in two cases he contends were politically motivated. Trump said the pardons end “a grave national injustice that has been perpetrated upon the American people over the last four years and begins a process of national reconciliation.”
An attorney for Enrique Tarrio, the former national chairman of the Proud Boys who was sentenced to 22 years in prison for seditious conspiracy, said he expects his client to be released from prison Monday night. Tarrio, who was convicted of orchestrating a failed plot to keep Donald Trump in power after the Republican lost the 2020 election, is serving the longest sentence of any of the Jan. 6 defendants.
The pardons come weeks after Trump’s own Jan. 6 case was dismissed because of the Justice Department’s policy against prosecuting sitting presidents. Had Trump lost the 2024 election, he may have ultimately stood trial in the same federal courthouse within view of the Capitol where Jan. 6 cases have been playing out over the last four years.
More than 1,200 people have been convicted in the riot, including approximately 250 people convicted of assault charges.
Hundreds of Jan. 6 defendants who didn’t engage in any of the violence and destruction were charged with misdemeanor trespassing offenses, and many of those served little to no time behind bars.
But the violence that day has been documented extensively through videos, testimony and other evidence showing rioters — some armed with poles, bats and bear spray — swarming the Capitol, quickly overrunning overwhelmed police, shattering windows and sending lawmakers and aides running into hiding.
Police were dragged into the crowd and beaten. One officer screamed in pain as he was crushed in a doorframe, and another suffered a heart attack after a rioter pressed a stun gun against his neck and repeatedly shocked him. Officers have described in testimony fearing for their lives as members of the mob hurled insults and obscenities at them.
Former House Speaker Nancy Pelosi called the pardons “an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution.”
Of the more than 1,500 people charged, about 250 people have been convicted of crimes by a judge or a jury after a trial. At least 1,020 had pleaded guilty to crimes as of Jan. 1. Only two people were acquitted of all charges by judges after bench trials. No jury has fully acquitted a Capitol riot defendant.
More than 1,000 rioters have already been sentenced, with over 700 receiving at least some time behind bars. The rest were given some combination of probation, community service, home detention or fines.
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