Since President-elect Donald Trump’s victory, his prior commitments to possibly pardon defendants involved in the January 6 Capitol attack have led many to delay their cases. This prospect has also stirred disappointment from a Trump-appointed judge, who recently labeled it “beyond frustrating and disappointing
Over 1,500 individuals have faced charges, and more than 1,000 have been sentenced for their roles in the attack, which injured 140 police officers and temporarily stopped Congress from certifying President Biden’s election. The longest sentences have been for seditious conspiracy: Proud Boys leader Enrique Tarrio received 22 years, while Oath Keepers leader Stewart Rhodes got 18 years.
Trump, who has called the January 6 participants “patriots,” has indicated he is “inclined to pardon many of them.” The possibility of blanket pardons has led several defendants to request trial delays. U.S. District Judge Carl Nichols, appointed by Trump, expressed disappointment over the potential for widespread pardons, calling the idea “beyond frustrating” as he postponed the trial of Edward Jacob Lang, a New York defendant accused of assaulting Capitol police.
Trump has long promised pardons for January 6 defendants, previously stating he’d “look very, very seriously at full pardons,” and in a social media post, he urged to “LET THE JANUARY 6 PRISONERS GO.” More recently, in April 2024, Trump confirmed he would “absolutely” consider pardoning all January 6 defendants, with his spokesperson, Karoline Leavitt, clarifying that decisions would be made on a “case-by-case basis.”
Some defendants have already moved to delay their cases. For instance, Christopher Carnell, convicted of obstructing Congress, sought a pause on November 6, citing Trump’s victory as grounds for an anticipated pardon. U.S. District Judge Beryl Howell denied the request, calling the pardon possibility “speculative.” Similarly, defendant Brandon Heffner’s request for delay was rejected by U.S. District Judge Amit Mehta, who found a potential pardon insufficient grounds to halt proceedings.
Defendant William Alexander Pope, who is representing himself, requested a trial delay citing the election of Trump as grounds for anticipated leniency, though prosecutors argued the request was speculative. U.S. District Judge Rudolph Contreras is set to discuss his case on December 13.