WASHINGTON — With Donald Trump seemingly set for another term in the White House, a Florida man who gained notoriety for snapping photos with House Speaker Nancy Pelosi’s lectern during the Capitol insurrection celebrated the occasion by uncorking a bottle of Trump-branded sparkling wine. In a video circulating on social media, he declared, “Y’all are in trouble,” while taking a sip.
Supporters of the January 6 rioters are rejoicing, anticipating that Trump might fulfill his promise from the campaign trail to grant them pardons. Although Trump did not specifically address the individuals charged in connection with the riot during his victory speech, he has previously referred to them as “hostages” and “patriots.” His recent victory over Vice President Kamala Harris casts uncertainty on the ongoing largest prosecution in the history of the Justice Department regarding the unprecedented attack on U.S. democracy.
More than 1,500 individuals have faced federal charges due to the January 6 riot, which led to over 100 law enforcement officers being injured and forced lawmakers to flee as they convened to certify Joe Biden’s election win. To date, over 1,000 of those charged have either pleaded guilty or been convicted of various offenses, including misdemeanor trespassing, assaulting police, and seditious conspiracy.
Highlighting his support for January 6 defendants became a fundamental aspect of Trump’s campaign, with rallies celebrating them as heroes, even featuring a song he collaborated on with rioters who are currently incarcerated. While Trump has not revealed how he plans to determine who may receive a pardon, he has suggested he would be open to considering pardons for various offenses, including those accused of assault, along with the former Proud Boys leader who was convicted of orchestrating a violent plot in 2020 aimed at keeping Trump in power.
During his first presidency, Trump actively used his pardon powers in politically motivated ways, bestowing clemency in his final days in office to a diverse array of allies, including five individuals who were convicted during the Mueller investigation, as well as celebrities and politicians.
Jacob Lang, a defendant from the Capitol riot who is currently detained while awaiting trial, expressed optimism shortly after Trump’s victory, stating on social media that he and fellow January 6 “political prisoners” would be “finally coming home.” He added, “There will be no bitterness in my heart as I walk out of these doors in 75 days on inauguration day.”
Attorneys for several January 6 defendants are using Trump’s recent win to request postponements in their clients’ sentencing. Defense attorney Marina Medvin articulated that her client, Christopher Carnell, anticipates being exonerated when the new administration takes charge. Meanwhile, Michelle Peterson, a federal public defender, argued that it would be unjust to sentence anyone whose case might potentially be dismissed under the upcoming Trump administration.
However, judges swiftly rejected both requests and declined to delay separate hearings scheduled for the defendants. On the same day, other defense attorneys sought to delay a January 6 defendant’s trial, arguing that it would not be possible to achieve an impartial jury for their client, Mitchell Bosch, given the significant support for Harris over Trump in Washington, D.C.
Meanwhile, Steve Baker, a writer facing charges related to the Capitol riot, is set to go to trial next week. Baker, who has previously penned articles regarding the January 6 incident for a conservative outlet, shared a glimpse of a press credential that would permit him to cover Congress. He quipped, “I plan on covering J6, 2025 ‘inside’ the Capitol,” alongside a winking emoji in a recent post.
Out of the more than 1,000 individuals who have been convicted, around 650 have received prison sentences that range anywhere from a couple of days to 22 years. Numerous rioters who entered the Capitol but did not engage in violence or harm the building faced only misdemeanor charges. Footage and testimonies presented in court have illustrated the brutality and fear experienced by police officers during the riot, as they defended the Capitol amid the turmoil.
Trump has previously indicated that he would initiate pardons for those involved in the Capitol riot on “Day 1” of his new term. He conveyed to Time Magazine that he would contemplate pardoning all January 6 defendants but later clarified that he would discern cases differently based on the actions of individuals involved. During an interview on NBC’s “Meet the Press,” he suggested he would consider pardoning former Proud Boys leader Enrique Tarrio, who was sentenced to 22 years behind bars for seditious conspiracy, stating that Tarrio had been treated “horribly.”
When asked about potential pardons for rioters convicted of assaulting police, Trump maintained he would “absolutely” consider it, but only for those he deems “innocent.” Upon clarification that she referred to convicted rioters, Trump stated that they had been found guilty by “a very tough system.”
Kim Wehle, a law professor at the University of Baltimore and the author of a book focusing on presidential pardons, highlighted the extensive authority presidents hold in granting pardons to individuals. She remarked that the process is subjective, depending on the whims of the president, and that the public has no recourse for challenging such decisions.
Throughout history, presidents have exercised their pardon powers to promote national unity, with notable examples including George Washington’s clemency to those involved in the Whiskey Rebellion, Abraham Lincoln’s pardoning of former Confederate soldiers, and Jimmy Carter’s amnesty for Vietnam War draft evaders.
As support for January 6 defendants persists, many echo Trump’s rhetoric surrounding seeking retribution against political adversaries. Right-wing commentator Julie Kelly, identifying as a “J6 conspiracy theorist,” asserted that the tenure of Washington-based U.S. Attorney Matthew Graves will soon come to an end and added, “Then we turn the tables.”