The legal consequences of President-elect Donald J. Trump’s victory start with the likelihood that the cases against him will sputter out but could also extend to the cases of hundreds of his supporters who are being — or have been — prosecuted for storming the Capitol on Jan. 6, 2021.
On the campaign trail, Mr. Trump repeatedly promised to pardon some of the 1,500 people charged in connection with Jan. 6, sometimes suggesting that his clemency might extend to leaders of far-right groups like the Proud Boys and to other defendants who assaulted police officers.
It remains unclear whether or how fully he will fulfill those vows. But should he issue wide-ranging pardons, it would amount to a repudiation of the largest criminal investigation ever undertaken by the Justice Department and damage, perhaps fatally, efforts by prosecutors to seek accountability for a violent mob attack on the lawful transfer of presidential power.
Already, some Jan. 6 defendants are excitedly expressing hope that Mr. Trump might strip them of convictions or free them from prison when he takes office.
Only hours after the election was called for Mr. Trump early Wednesday, one convicted rioter, Christopher Carnell, asked a federal judge to push back a hearing in his case, saying he “expected” to receive clemency.
“Throughout his campaign, President-elect Trump made multiple clemency promises to the Jan. 6 defendants, particularly to those who were nonviolent participants,” Mr. Carnell’s lawyers wrote. “Mr. Carnell, who was an 18-year-old nonviolent entrant into the Capitol on Jan. 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.”
Not long after the request was filed, the judge overseeing the case, Beryl A. Howell, rejected it without explanation in a terse order.
Still, other lawyers for Jan. 6 defendants have privately said they are planning similar moves and will seek to excise convictions or push back pending trials until after Inauguration Day in the hope that Mr. Trump will save their clients.
Not long after Mr. Carnell filed his request, lawyers for Enrique Tarrio, the former chairman of the Proud Boys, who is serving 22 years in prison for his role in the Capitol attack, released a statement, hinting that they, too, might seek a presidential pardon.
Clearly knowing their audience, the lawyers went out of their way in the statement to “applaud” Mr. Trump on his election victory. The gentle flattery came directly after they asserted that they wanted to “explore every possible avenue” to win the release of Mr. Tarrio, who was convicted of seditious conspiracy at a trial in Washington last year.
“We look forward to what the future holds,” the lawyers wrote, “both in terms of the judicial process for our client and the broader political landscape under the new administration.”
Almost from the outset, Mr. Trump made Jan. 6 a staple of his campaign, persistently trying to rewrite history and play down the violence that day by referring to the worst breach of the Capitol since the War of 1812 as “a lovefest” and “a day of love.” He also sought to paint the rioters — as he has often sought to paint himself — as victims of prosecutors run amok, describing them as “hostages” and “political prisoners.”
Despite his blandishments, some Jan. 6 defendants remain unsure that Mr. Trump will follow through on what could be a politically costly move to grant clemency to large numbers of rioters, especially those imprisoned for assaulting police officers.
Stephen Baker, an independent journalist from North Carolina, who is set to go on trial next week for misdemeanor charges related to Jan. 6, said he would love a pardon from Mr. Trump. Mr. Baker urged the president-elect to take a public stand and declare he would come to the aid of defendants.
“Trump needs to send a clear signal that he’s going to do this,” Mr. Baker said. “I hope he keeps his promise.”
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