Pardons on Day One
The Capitol attack, branded by federal authorities as domestic terrorism and described by President-elect Donald Trump as a day of love, has become a focal point in the Republican campaign. Rioters, some already serving prison terms, celebrated what they saw as a victory and hoped it would usher in clemency. Just days after the vote, defense lawyers for those involved asked courts to pause their cases until the incoming administration takes office, with the aim of securing a more forgiving posture from federal authorities and a new political climate.
The former president, noted in the public record as having faced multiple legal challenges, has already managed to pause the case against him for promoting the insurrection intended to obstruct lawmakers from certifying Joe Biden’s victory. Six people died in the Capitol assault, 140 police officers were injured, and four officers later took their own lives. The special counsel leading the investigation, Jack Smith, asked on a recent Friday to suspend the case at least until December 2. Prosecutors said the pause would let the government decide whether to proceed, as the president-elect would regain immunity once he is sworn in early January.
Indults on Day One
Trump has repeatedly stated in campaigning that clemency would be issued on the first day of his presidency, though he has not clarified which of the roughly 1,500 defendants would benefit. In total, about 1,200 have pleaded guilty or been found guilty, with most cases involving lesser offenses. Of the 1,000 convicted, around 615 have served prison time, about 570 faced charges of assault, resistance, or obstructing law enforcement, and roughly 160 were charged with using a deadly or dangerous weapon or causing injuries.
Moreover, no one is being ruled out, not even leaders convicted of conspiracy and sedition who are connected to groups linked to the Capitol events. The campaign has said it will evaluate cases on an individual basis when back in the White House. Steven Cheung, a spokesperson for Trump’s campaign, stated after election results that it is clear Americans want an immediate end to using the justice system as a political tool.
Immediate Petitions
One of the early requests for special treatment came from Christopher Carnell, 21, whose lawyers asked on the same day the results appeared that his hearing be delayed. They argued that the incoming president had made multiple clemency promises to those charged in connection with January 6, particularly to nonviolent participants, and that the new administration should relieve him of the current criminal process when it takes office.
Jaimee Avery, already convicted, faced a sentencing hearing scheduled for Friday. In a letter to the court, the defense argued that given the real possibility the incoming attorney general might drop the case, continuing with the sentence would be fundamentally unfair. The judge rejected the request, and similar pleas have followed since Wednesday, signaling growing anxieties about the timing of justice in a transitioning government.
Skepticism
Yet skepticism remains about whether Trump will follow through on promises. As president, he did not extend more clemency than his predecessors, but he was known for favoring associates who aided his political objectives. For instance, he pardoned close allies tied to his 2016 campaign when investigations surfaced, including figures close to him who faced legal challenges in the Russia inquiry. The pressing question is how useful the convicted Capitol riot participants will be to the new administration, given the public mood and the evolving priorities of federal prosecutors.
Observers acknowledge the difficulty of predicting how clemency, commutations, or sentence reductions will play out under a new leadership. The path from campaign pledges to official policy is rarely straight, and lawmakers, legal experts, and families of the defendants are watching closely as the political landscape shifts. It is too soon to tell how aggressively clemency will be pursued or how it will be weighed against the demands of public safety and the rule of law. What remains clear is that this moment marks a critical juncture in American politics, as the nation contends with questions of accountability, justice, and the uses of presidential power in a polarized environment.