An executive order has issued pardons to approximately 1,500 individuals convicted of offenses related to the events at the United States Capitol on January 6, 2021. This order also instructed the Attorney General to dismiss all pending prosecutions associated with these events.
The broad interpretation of Trump's clemency order marks a significant effort by the new administration to absolve Jan. 6 defendants, whom Trump and his supporters describe as political prisoners and victims of persecution.
Daniel Ball and Elias Costianes, both awaiting trial on Jan. 6-related charges, have seen their cases dismissed due to Trump's clemency. Ball faced assault charges, while Costianes had pending misdemeanor charges. These cases were quickly nullified as a result of the clemency, although both men were also accused of illegally possessing weapons found during Jan. 6-related searches.
A day after Trump ordered the release of Ball from his assault case, he was rearrested in Florida and charged with being a felon in possession of a firearm. However, federal prosecutors have now requested the dismissal of this case, citing Trump's executive order.
Costianes had pleaded guilty in 2023 to possessing a firearm while being a user of illegal drugs. He recently began a two-year prison sentence, but the Justice Department is now seeking to end his sentence immediately, stating that the President's pardon covers the offenses in the indictment.
Dan Wilson, another former Jan. 6 defendant, also faced firearms charges unrelated to the Capitol events. His request for clemency coverage was initially rejected by the Justice Department, but recent developments suggest a reevaluation may occur.
Judge Dabney Friedrich, a Trump appointee, denied Wilson's request to delay his prison sentence, maintaining that the clemency does not extend to his firearm convictions. Despite this, prosecutors have significant discretion to drop cases if they choose to do so.
The Justice Department has maintained that charges unrelated to Jan. 6 fall outside the scope of Trump's pardons. For instance, Taylor Taranto's bid to drop charges related to weapons possession and threats in Washington, D.C., was rejected, as these were deemed unrelated to the Capitol events.
Similarly, another Jan. 6 defendant convicted in Tennessee for conspiring to kill FBI investigators failed to persuade the Justice Department to drop charges, as his conduct was unrelated to the Capitol events.
The future of other pending cases against Jan. 6 defendants remains uncertain. Guy Reffitt, pardoned by Trump after helping lead the mob at the Capitol, faces a federal firearms charge in Texas. The Department of Justice has previously determined that a few defendants who fled and missed court appearances related to their Jan. 6 cases were included in Trump's clemency.
