The Constitution grants sweeping pardon powers to the president, which means that public opinion has historically been the only check on that power. The risk of a backlash is the reason that presidents have waited until their last days in office to issue many pardons and commutations, especially dubious ones to family members (like Hunter Biden) or political allies (like Caspar W. Weinberger, whom George H.W. Bush pardoned). The potential for a backlash also made presidents cautious about the number of pardons they issued. They understood that there could be an outcry if somebody who received a pardon later committed a new crime. The pardon system has also relied on the decency of American presidents.
President Trump has abandoned this approach. His self-serving pardons are so numerous that public attention cannot keep up with them. It is a version of the strategy that his former adviser Steve Bannon has described as “flood the zone”: Do so much so fast that people cannot follow the consequences.
He has created a veritable pardon industry, in which people with White House connections accept payments from wealthy convicts. Among those on whom he has bestowed freedom are dozens of people convicted of fraud. He has also pardoned Juan Orlando Hernández, a former president of Honduras, who helped traffic hundreds of tons of cocaine into the United States, and Ross Ulbricht, who was serving a life sentence for running Silk Road, a sprawling criminal enterprise that sold drugs. There seems to be no crime too ugly for a Trump pardon.
Worst of all, Mr. Trump issued pardons on the first day of his second term to everyone who stormed the Capitol on Jan. 6, 2021. He did not distinguish between rioters who were relatively peaceful and those who attacked police officers, as Vice President JD Vance said should be the case. All 1,500 or so Jan. 6 rioters received a clean slate.
The results have been disastrous. At least 12 of the pardoned rioters have since been charged with other serious crimes, including child molestation, assault, harassment, murder plots and charges related to a vicious dog attack. The outcome was predictable. Critics, including this board, had warned that Mr. Trump’s pardons would embolden the rioters by signaling that crime has no consequences. One does not have to be a criminologist to predict that people who commit a violent act and are absolved of any punishment might become repeat offenders.
The American public deserves to understand the mayhem that the Jan. 6 pardons have unleashed. Among the 12 serious recidivists whom we are aware of, four were in jail or prison at the time of the pardon, and they quickly went on to commit more crimes:
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On March 5, a court in Florida sentenced Andrew Paul Johnson to life in prison for molesting a 12-year-old boy and a girl of the same age. To keep the children quiet, Mr. Johnson is said to have promised to bequeath to them part of a Jan. 6 restitution payment from the federal government that he claimed he would receive. He used the online gaming platforms Discord and Roblox to reach out to the children after Mr. Trump freed him from prison. On Jan. 6, Mr. Johnson entered the Capitol through a broken window and accosted police officers.
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In the past two months, Jake Lang destroyed an ice sculpture outside the Minnesota State Capitol, leading to a felony vandalism charge, and helped organize an anti-Muslim rally in New York City that turned violent. On Jan. 6, he was caught on camera storming the Capitol with a baseball bat and a riot shield, which prosecutors said he used to attack police officers.
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In May, Zachary Alam was arrested for breaking into a house in Virginia and stealing a tablet computer and a diamond necklace. On Jan. 6, he was among the first to enter the Capitol building from its west lawn and hurled items at police officers from a balcony. At his sentencing hearing, he was unrepentant: “Sometimes you have to break the rules to do what’s right.” He had previous convictions for auto theft and driving under the influence.
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Enrique Tarrio, the leader of the far-right Proud Boys, scuffled with protesters at a news conference and was briefly detained on assault charges, a month after Mr. Trump freed him from a 22-year prison sentence. Mr. Tarrio was one of the leaders behind the Jan. 6 attack, but he was not in Washington on the day of the riot. He had been kicked out of the city after vandalizing a Black church after an earlier pro-Trump rally.
An additional eight Jan. 6 rioters were out of prison when Mr. Trump pardoned them and have since been charged with new crimes:
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On March 25, a judge sentenced Daniel Tocci to four years in prison for possession of more than 110,000 child pornography images. During the Jan. 6 riot, he joined the mob as it broke into the Capitol and destroyed and took government property.
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On March 1, Bryan Betancur grabbed a woman’s hair on the Washington Metro, leading to a charge of assault and battery. At least two women have also accused him of stalking. He was already on probation for a burglary conviction when he stormed the Capitol and helped rioters circulate furniture that most likely was used as weapons.
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In October, Christopher Moynihan threatened to kill Hakeem Jeffries, the House minority leader, and pleaded guilty to a harassment charge over the incident. On Jan. 6, he was among the first rioters to breach police barricades and eventually broke into the Senate chamber.
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Robert Packer was arrested in September after his dogs attacked people, putting four in the hospital. He previously had a long criminal record that included theft and drunken driving, and during the Jan. 6 riot, he wore a “Camp Auschwitz” sweatshirt.
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John Andries violated a legal order requested by the mother of his child by repeatedly following and confronting her, leading to a sentence in June of 60 days in jail and three years of unsupervised probation. On Jan. 6, he entered the Capitol through a broken window and pushed police officers once inside.
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Brent Holdridge was arrested in May for stealing tens of thousands of dollars’ worth of industrial copper wire. On Jan. 6, he was scheduled to be in jail on separate drug-related charges, but he skipped his booking and joined the mob as it breached the Capitol.
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Jonathan Munafo was rearrested last year after he allegedly fled federal supervision imposed for dozens of menacing phone calls, including one in which he threatened to “cut the throat” of a 911 dispatcher. During the riots, he punched a police officer twice, stole his riot shield and used a wooden flagpole to try to break a window.
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Days after he was pardoned, Matthew Huttle is said to have resisted arrest during a traffic stop, and a sheriff’s deputy shot and killed him. The police said he had a gun. On Jan. 6, he helped take over the Capitol and joined rioters in chanting, “Whose house? Our house.”
This list does not include at least 27 rioters who committed other crimes before they received their pardons. That group includes one woman who was sentenced to 10 years in prison for killing someone while driving drunk and a man who livestreamed a bomb threat while driving around Barack Obama’s neighborhood in Washington.
How can the nation hold Mr. Trump accountable for the lawlessness that he has made possible? The only answer is public opinion and its most tangible manifestation: election results.
In this year’s midterms, he and the Republican Party he leads deserve to pay a political price for the pardons. Mr. Trump continues to lionize a violent attack on Congress carried out in his name — an attack that included threats to kill the vice president of the United States and physical assaults against police officers guarding the Capitol. In the aftermath of the attacks, one officer suffered a series of strokes and died, and four other officers died by suicide.
Yet Mr. Trump still supports the rioters and lies about what happened that day. Congressional Republicans, for the most part, back him up. Speaker of the House Mike Johnson said, referring to the blanket pardon, “I stand with him on it.” Representative Jim Jordan of Ohio has complained about the unpleasant nature of life in prison for the rioters before the pardons. Representative Lauren Boebert of Colorado said she wanted to give the rioters a guided tour of the Capitol. Other Republicans, including the Senate majority leader, John Thune, have avoided answering questions about the pardons and said they involve “looking backward.”
The violence that the pardoned rioters continue to commit puts the lie to that weak excuse. The Jan. 6 pardons undermined the law, and they undermined public order. They were an affront to police officers everywhere. Mr. Trump has a constitutional right to pardon whom he chooses. The rest of us have a right to hold him and his enablers responsible for their actions.
Source photograph by Michael Burrell/Alamy.
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