Joyce Vance: Pardons for Trump's Insurrectionists Would Be Grotesque

http://www.smirkingchimp.com/thread/joyce-vance/112653/pardons-for-trumps-insurrectionists-would-be-grotesque

Pardons for Trump's Insurrectionists Would Be Grotesque
by Joyce Vance | January 12, 2025 - 6:23am

— from the Brennan Center for Justice

snip//

If Trump pardons January 6 rioters, he would be using the pardon power to erase an attack on Constitution and country. The purpose of that attack was his personal benefit — if it had succeeded, it could have permitted him to stay in power after losing the election, contrary to every principle of American democracy. An exercise of the pardon power along those lines would have no resemblance to what the Founding Fathers intended. The pardon power, which was only included after extensive debate, was based on the English “prerogative of mercy” that resided in kings and queens to undo punishment that was deemed too harsh. It was not about rewarding political loyalists.

Pardoning people convicted of plotting to interfere with the lawful and peaceful transfer of power following the 2020 presidential election isn’t a righteous grant of mercy. Few of these defendants have shown remorse and some have shown outright defiance, like Ryan Grillo, who said, “Trump’s gonna pardon me anyways” after Judge Royce Lamberth sentenced him in December. The January 6 offenders Trump has committed to pardoning aren’t people who committed nonviolent crimes in their late teens and early twenties and, having served significant portions of their sentence, are now prepared to return to their communities as rehabilitated individuals deserving of a second chance. If anything, the January 6 defendants’ return would give a boost to the white supremacist and domestic terror groups many of them participated in before they overran the Capitol, and it would severely dampen the deterrent effect of our laws against future aggression.

It has been the practice in most recent administrations to use the Office of the Pardon Attorney in the Department of Justice to review requests for pardons and commutations before they are handed up to the White House counsel and the president for a decision. That process includes an extensive evaluation of each individual applicant’s request, including consultation with prosecutors, lawyers, judges, victims, probation officers, prison staff and others to determine whether the requested clemency would serve the interests of justice without endangering the community. Pardons have often been used in the interests of equal justice when people are serving lengthy sentences that would no longer be handed down or in cases of extraordinary rehabilitation when people have demonstrated a commitment to the future of their communities. None of those considerations will be in play if Trump pardons January 6 offenders.

The key to Trump’s pardons is that they are not about people and their communities. They are about personal loyalty to him. Trump summoned these individuals to the Capitol to support him and now he will pardon them to complete that transaction. Trump will use the pardon power to make it clear that violence and violation of the law can be forgiven in service to himself.

Pardoning the rioters is a grotesque misuse of the pardon power because, cloaked in the appearance of lawful authority, it would put the presidential seal on crimes that go to the heart of an attack on our democracy, an effort to undo the will of the voters and seat a man who lost an election as the country’s leader. By advertising his willingness to pardon the people who supported him rather than the Constitution, Trump is sending a message to the people he is counting on to support him this go-round: If they protect him, he will take care of them. It’s a message fit for a would-be authoritarian.

© 2025 Brennan Center for Justice