Expanding Clemency Coverage
The Justice Department has extended President Donald Trump’s clemency for Jan. 6 rioters to include unrelated crimes discovered during FBI searches post-Capitol attack.
This legal shift was unveiled recently in a move to dismiss gun charges against two former Jan. 6 defendants. Although the guns were found during the investigation, the alleged gun crimes were not tied to the riot itself.
Interpretation of Trump’s Order
Prosecutors sought to drop the gun cases by invoking Trump’s executive order granting mass clemency to Jan. 6 defendants. The order pardoned approximately 1,500 individuals convicted of offenses related to the Capitol events on Jan. 6, 2021.
Effect on Defendants
Two defendants, Daniel Ball and Elias Costianes, saw their charges dismissed under Trump's clemency. While facing Jan. 6-related charges, both were separately accused of illegal firearm possession discovered in related searches.
Ball was rearrested for firearm possession post-clemency, but federal prosecutors reversed course and dropped the case, citing Trump’s order. Costianes, who pleaded guilty to firearm possession, had his two-year sentence challenged for immediate release.
Judicial Response
Another defendant, Dan Wilson, faced firearm charges not covered by clemency. Despite initial rejection, the Justice Department agreed to review Wilson's case after his plea for sentence delay was denied by the court.
Judges like Dabney Friedrich have limited authority if prosecutors abandon cases. The scope of Trump’s clemency has been challenged in various unrelated cases, with DOJ asserting limits based on time and location.
Future Implications
Remaining cases against Jan. 6 defendants are uncertain, with some facing firearm charges post-clemency. DOJ has pardoned defendants missing court appearances, indicating ongoing legal complexities.
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