Jan 6 people will be exempt from other crimes as well the DOJ just said, even the molester
Justice Department broadens Trump’s Jan. 6 clemency as it moves to drop gun cases
Kyle Cheney
Fri, February 21, 2025 at 10:41 AM GMT+10
4 min read
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The Justice Department now says that President Donald Trump’s clemency for Jan. 6 rioters covers unrelated crimes that were discovered during FBI searches stemming from the attack on the Capitol.
Federal prosecutors revealed the new legal position this week in court papers seeking to drop gun charges against two former Jan. 6 defendants. The guns in question were found at the two men’s homes during the Jan. 6 investigation, but the alleged gun crimes themselves were not connected to the riot.
Nonetheless, prosecutors moved to dismiss the gun cases by invoking Trump’s Day 1 executive order
granting mass clemency to Jan. 6 defendants.
That order issued pardons to roughly 1,500 people who had been convicted of “offenses related to events that occurred at or near the United States Capitol” on Jan. 6, 2021. It also directed the attorney general to dismiss all pending prosecutions for “conduct related to” those events.
The expansive reading of Trump’s clemency order marks the latest push by the new administration to absolve Jan. 6 defendants, whom Trump and his supporters have described as political prisoners and victims of persecution.
The two men whose charges are being dropped — Daniel Ball and Elias Costianes — both had been awaiting trial on Jan. 6-related charges when Trump took office. Ball faced charges of assault, while Costianes had misdemeanor charges pending. Those cases quickly disappeared as a result of Trump’s clemency. But in separate proceedings, they also had both been accused of illegally possessing weapons that law enforcement officers discovered in Jan. 6-related searches.
A day after Trump ordered Ball released from his Jan. 6 assault case, he was
rearrested and returned to Florida where he was charged with being a felon in possession of a firearm. (Ball had prior felonies on his record from 2017 and 2021, according to the indictment.)
But in a
terse court filing Thursday, federal prosecutors reversed course and asked that the felon-in-possession case be dropped, citing Trump’s executive order.
Costianes, for his part, pleaded guilty in 2023 to possessing a firearm while being a user of illegal drugs. He recently began serving his
two-year prison sentence — a sentence that the Justice Department sought Wednesday to end immediately.
“After consulting with the Department of Justice’s leadership, the United States has concluded that the President pardoned Mr. Costianes of the offenses in the indictment,” Assistant U.S. Attorney David Bornstein
wrote in a filing Wednesday to a federal appeals court where Costianes was fighting for his release. “He should be immediately released from custody.”
A third former Jan. 6 defendant, Dan Wilson, also faced firearms charges unrelated to Jan. 6, and two weeks ago, the Justice Department
rejected his claim that Trump’s clemency covered those charges. But on Thursday, his attorney urged a court to delay the start of his prison sentence, saying
the Justice Department had agreed to “take another look” at his case.
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The judge in the case, Trump appointee Dabney Friedrich, quickly denied Wilson’s request, pointing to her ruling earlier this month that “the plain language of the President's January 20, 2025 pardon does not extend to the defendant's … firearm convictions.”
Despite Friedrich’s view of the scope of Trump’s clemency, she and other judges have little ability to maintain a criminal case if prosecutors decide to abandon it.
Until this week, it appeared that the Justice Department had considered charges unrelated to Jan. 6 to be outside the scope of Trump’s pardons. The department, for example,
turned down a bid by Jan. 6 defendant Taylor Taranto to drop charges related to possession of weapons and threats made in Washington, D.C., in June 2023. Taranto claimed the incident was connected to his Jan. 6 case.
“The pardon covers only offenses related to events that occurred at or near the United States Capitol on January 6, 2021,” Justice Department officials responded to Taranto. “The language of the pardon is limited in scope by time and location.”
Similarly, a Jan. 6 defendant who was separately convicted of federal charges in Tennessee for conspiring to kill FBI investigators
failed to persuade the Justice Department to drop the charges.
“The defendant’s conduct in this case was unrelated in both time and place to the events that occurred at or near the United States Capitol on January 6, 2021,” DOJ attorneys argued.
It’s unclear whether other pending cases against Jan. 6 defendants will continue. Guy Reffitt, who was pardoned by Trump after helping lead the original mob advance on the Capitol while carrying a firearm, is facing a federal firearms charge in Texas.
DOJ has previously determined that a handful of defendants who fled and missed court appearances related to their Jan. 6 cases were covered by Trump’s clemency.