If Donald Trump keeps his promise to pardon those who participated in the January 6 riot at the US CapitolLawyers and lawmakers who oppose such measures would not be able to stop it, legal experts say.
If Trump does indeed grant the pardon, it could signal to many of his supporters that there was nothing illegal about the riots to prevent the peaceful transfer of power, and it would undermine the U.S. Constitution, experts said .
“It gives the message that Trump decides what is and is not prosecutable under U.S. criminal law,” said Kimberly Wehle, a professor at the University of Baltimore School of Law who has studied law constitutional and the separation of powers.
Trump, who has not acknowledged losing the 2020 presidential election, called the insurrection a “day of love” and called the rioters “incredible patriots.” These people, however, damaged the Capitol; around 140 police officers were injured – four officers who responded have also since death by suicide – and the FBI said it was an act of “domestic terrorism“.
The federal government has filed criminal charges against more than 1,500 people. More than 1,000 people have pleaded guilty or been found guilty. The FBI is also still searching for those who allegedly participated in the attack.
During his campaign, Trump said the show “full pardons with apologies to many” would be a top priority.
Presidents granting pardons is nothing new, and they are allowed to do so under the Constitution. The long list includes the president George Washingtonwho granted a presidential pardon in 1795 to those engaged in the Whiskey Rebellion in Pennsylvania; President Gerald Ford, who told his predecessor, Richard Nixon, “a complete, free and absolute forgiveness» for the crimes he committed as president; and President Bill Clinton, who pardoned Marc Richa fugitive financier who fled the United States after his indictment.
“There are a lot of parties that historically could be criticized by those who think someone didn’t deserve this type of waiver,” said Mary McCord, a former federal prosecutor and executive director of the Institute for Constitutional Advocacy and Protection.
“The difference here is that we are talking about more than 1,500 people whose efforts, individually and collectively, were not only violent… (they) were also carried out with the intention of preventing Congress from certifying the ballots of vote of the electoral colleges and thus override the will of the voters. .”
Since Trump’s election, people convicted of crimes for their actions on Jan. 6 have said they look forward to being pardoned. Lawyers for the defendants who have not been convicted also asked the judges to delay legal proceedings due to Trump’s promises to drop criminal charges.
Among those who expressed enthusiasm was Timothy Hale-Cusanelli, a naval base security officer who was one of the first people to enter the Capitol. He was convicted of obstructing an official proceeding and sentenced to four years in prison.
Hale-Cusanelli also expressed support for Hitler and spoke at Trump’s New Jersey golf club as part of a fundraiser for the defendants on January 6: National Public Radio reported.
Trump delivered a video message to attendees in which he called them “incredible patriots.”
“I spent three years behind bars for protesting Biden’s rigged election,” said Hale-Cusanelli, who previously expressed remorse for her actions, on Washington Post reported. “I’ve been waiting patiently for this day… All my Gulag guys are coming back from prison… We were innocent on January 6 and we still are!”
Prosecutors, judges and lawmakers could not stop Trump from taking such actions, because Article 2 of the Constitution gives presidents the right to pardon all “offenses against the United States” except impeachment case.
The Supreme Court gave the president additional powers in July when it ruled in a case regarding Trump’s efforts to overturn the 2020 election that benefits presidents. substantial immunity for actions that fall within the office’s “core constitutional powers.”
That would likely give the president immunity even if he granted a pardon in exchange for a bribe, Wehle said. The court ruled that “any crime that the president commits using official power is above the law and stated very specifically that the pardon power is essential, so you cannot seek the reason for the pardon “.
It is nevertheless possible that public opinion will influence Trump. While Trump resoundingly defeated Kamala Harris, only a third of Americans support such pardons, according to a recent report. YouGov and economist investigation. About a quarter of Republicans oppose pardons.
During the campaign, a spokesperson said Trump would consider pardoning the Jan. 6 defendants “on a case-by-case basis when he returns to the White House.”
McCord argued that most people who voted for Trump did so for economic reasons rather than the Jan. 6 numbers.
“There is nothing in the polls I have seen that suggests that the majority of those who voted for Trump did so because of his election promises of political prosecutions and pardons for the January 6 attackers” , McCord said.
If Trump keeps his promise to pardon the rioters, he could later face consequences, including impeachment by Congress, said Jeffrey Crouch, an assistant professor at American University and an expert on federal executive clemency.
“The ballot boxes could have political consequences for the president or his political party,” Crouch said. “Moreover, the president must always keep in mind the judgment of history. »
Wehle said she was more concerned about some of Trump’s other recent moves, like requiring the Senate to authorize playtime meetingwhich would mean he could install officials without confirmation from lawmakers, and Elon Musk would join Trump’s call with Ukrainian President Volodymyr Zelensky.
Wehle said: “With Republican sycophants ready to sell out the entire Constitution and democracy, which appears to be Donald Trump’s shameless, unmitigated and publicly stated plan, we are currently in a very deep situation on the question of whether our system of government will survive the next four years.