New Report Suggests Trump’s Ability to Pardon Jan 6 Rioters Won’t Change Even if He Wins in November

Exclusive US Coverage & Analysis in Your Inbox

Stay updated on the latest exclusive US coverage and analysis by signing up for the daily Inside Washington email. Get your free subscription to receive insightful updates directly in your inbox.

Trump’s Pardon Promises for Capitol Rioters

Former president Donald Trump has vowed to pardon his supporters who were involved in the January 6 Capitol attack, despite potential limitations on his authority, as revealed by a report from Protect Democracy.

The report, titled “Checking the Pardon Power: Constitutional Limitations & Options for Preventing Abuse,” outlines scenarios where the president’s pardon may not be valid due to misuse of the authority to grant reprieves for offenses against the United States.

Controversial Statements and Actions

Trump’s public statements have raised concerns, with promises to release violent rioters and references to convicted individuals as “horribly treated” and political prisoners. These remarks have been criticized by legal experts and judges.

During his first term, Trump utilized pardons to reward loyalty and discourage cooperation with investigations into his conduct, highlighting connections between loyalty and clemency.

Legal Expertise and Insights

Legal experts and anticorruption activists have expressed alarm over the potential misuse of the president’s pardon power by Trump. However, Protect Democracy’s Grant Tudor explained that historical court rulings have placed restrictions on the presidential pardon authority.

Referencing the landmark case “Burdick v United States,” Tudor highlighted the court’s findings regarding tensions between the pardon clause and constitutional constraints, emphasizing historical precedents that limit executive clemency.

Constitutional Constraints and Historical Precedents

Tudor pointed out that pardoning January 6 rioters could conflict with constitutional limits, as it would involve the leader of an insurrection pardoning fellow insurrectionists, a unique and potentially unprecedented scenario.

Highlighting past instances where leaders pardoned individuals to quell unrest, not endorse it, Tudor emphasized the potential unprecedented nature of Trump’s proposed pardons.