President Trump’s first 24 hours in his second term showed his supporters’ hopes and his critics’ fears realized: a commitment to his most controversial policies. This became evident Monday when he fulfilled his promise to pardon those involved in the January 6th, 2021 Capitol attack.
From the Oval Office, the President pardoned or commuted sentences for almost 1,600 defendants charged or convicted in the attack, including those who committed violent acts like assaulting police and property damage. This included members of far-right extremist groups. Enrique Torrio, a Proud Boys leader convicted of seditious conspiracy and sentenced to 22 years, and Stewart Rhodes, the Oath Keepers founder serving an 18-year sentence for the same charge, were among those released.
However, this goes beyond a campaign pledge. Legal experts and former prosecutors fear serious consequences for the rule of law, believing it signals impunity for crimes committed in the President’s name. Barbara McQuade, a former U.S. Attorney, worries this will encourage political violence by those acting for the President. She sees it as licensing vigilantism, a dangerous path for a democracy.
For Trump’s supporters, these pardons are the culmination of a four-year effort to rewrite the events of that day. Trump and his allies have portrayed the insurrection as patriotic and the prosecutions as unjust. The President, frequently referring to the defendants as “hostages,” had previously indicated to TIME his willingness to pardon them all; this action closely mirrors that pledge. He commuted sentences for 14 individuals charged with seditious conspiracy and fully pardoned everyone else charged or convicted.
This action causes widespread anxiety. Critics contend Trump often gives extremists just enough encouragement. His comments after the Charlottesville rally about “good people on both sides” and his 2020 debate statement to the Proud Boys to “stand back and stand by” are cited as examples. Experts on the far right see the pardons as a clear signal. David Noll, a Rutgers law professor and author of Vigilante Nation, believes it’s the most tangible benefit Trump has given pro-MAGA vigilantes and militia members, suggesting Trump supports them.
Following the January 6th events, concerns about violence led prominent anti-Trump lawmakers like Mitt Romney, Liz Cheney, and Alexandria Ocasio-Cortez to spend tens of thousands on private security. Noll argues Trump has released individuals willing to threaten Congress during its constitutional duties.
McQuade believes Trump’s pardons could create a “chilling effect” on everyone from lawmakers and federal employees to journalists and citizens. Fear of Trump’s rhetoric inciting violence, followed by a pardon, could lead to self-censorship to avoid becoming a target. This might already be happening. Romney reported a Republican congressman confided in him that he didn’t vote for Trump’s second impeachment due to fears for his family’s safety.
The consequences are especially distressing for those directly affected by the January 6th attack. Former House Speaker Nancy Pelosi, who was evacuated from the House chamber and whose husband was later attacked, called Trump’s action “shameful” and an insult to the justice system. Brian Sicknick’s brother, whose brother died after the attack, said the pardons are an affront, expressing his belief that Trump doesn’t understand others’ suffering and that there is no longer rule of law.
However, some of the President’s strongest allies see these pardons as a victory. Mike Davis, founder of the conservative Article III Project, stated that they won, Democrats lost, and expressed his disregard for their opinions.