“Release the January 6 hostages”: will the Capitol rioters soon be pardoned by Donald Trump?

There were more than a thousand of them, on January 6, 2021, who participated in the assault on the Capitol. That day, when Congress was to ratify Joe Biden's victory, supporters of Donald Trump stormed the building. Five people had died. Although several hundred rioters have since been convicted, most of them for minor offenses according to the latest government figures. (new window)they hope to soon be pardoned by the new president.

“If I run and win, we will treat these people from January 6 right.”had assured Donald Trump from 2022. Last March, on his Truth Social platform, he even made it a priority: “My first actions as the next president will be to close the border and free the wrongly imprisoned January 6 hostages.”

Rioters' property returned

Barely hours after the announcement of Donald Trump's victory last week, lawyers for several defendants filed appeals to request the postponement of their hearing, including for the pronouncement of their sentence when they have already been found guilty. None have yet won their case but requests are multiplying among the 315 suspects (new window) who have yet to be tried, out of the 1,400 charged.

Nothing wrong was done on January 6th.

Donald Trump

“As if by magic, for three days, I received emails from the Ministry of Justice promising the restitution of property that we have been demanding for years”wrote this Thursday on X the lawyer for dozens of those accused of the assault on the Capitol. “I think that the flood of property returned to the defendants on January 6 will turn into a torrent in the next two weeks”adds the lawyer, who has already obtained the return of the fur headdress with bison horns and the spear worn by one of his most famous clients, Jacob Chansley, who became a symbol of the assault on the Capitol.

Another defendant, Jaimee Avery, sent in her appeal a video from July 31 in which the Republican candidate confirmed his intention to pardon the participants in the assault on the Capitol “if they are innocent”. “They were condemned by a very harsh system”Donald Trump recently explained, describing January 6, 2021 as “day of love” and of “overflow of affection” towards him. “Nothing was done wrong”he added in the magazine Time (new window). But since his re-election, he has not discussed this subject publicly.

69% of Americans opposed to pardoning rioters

Article 2 of the American Constitution gives the American president a lot of room to maneuver. He can pardon an individual person or an entire group. Donald Trump could therefore opt for a common pardon for all the rioters or choose to grant clemency only to those who have not yet been convicted. Several lawyers have already said they are preparing an official request that they will send to the Office of the Prosecutor for Pardons, a body of the Ministry of Justice.

Obtaining a presidential pardon would allow convicted rioters to avoid serving their sentences. They would thus regain their freedom, could once again occupy a job and even functions in the army.

In a CNN poll (new window) carried out last February, 69% of Americans were opposed to Trump granting a pardon to “most people convicted of crimes” linked to January 6, keeping in mind a certain trauma of the assault. Trumpist sympathizers then illegally entered the Capitol, in order to denounce the supposed electoral fraud which led to the Democrats' return to power.

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Donald Trump was not directly concerned by the courts for these events, although a parliamentary commission of inquiry recommended criminal proceedings against him in December 2022, in particular for calling for rebellion and plotting against American institutions. He was indicted in August 2023 by a federal court in Washington and then by the courts of the state of Georgia for his alleged attempts to reverse the results of the 2020 election. But by becoming president again, he should escape criminal prosecution , at least until the end of his mandate.