Judges growing more concerned as Trump's decision on Jan. 6 pardons approaches
Judge Beryl Howell expressed deep concern, stating, "The rewriting of the history of Jan. 6, 2021, is incredibly disturbing."
TroibNews 
U.S. District Judge Tanya Chutkan has frequently reassured police officers affected by the violence of January 6, 2021, that “the rule of law still applies.” However, as President-elect Donald Trump, who was once a defendant in Chutkan's court, prepares to return to the White House and potentially pardon numerous Jan. 6 offenders, Chutkan expressed her doubts, saying, “I’m not sure I can do that very convincingly these days.”
Her remarks, made as she sentenced another member of the Jan. 6 mob to eight months in prison, reflect the growing concern and dismay voiced by federal judges in Washington, D.C., regarding the possibility of Trump granting clemency to individuals they believe committed serious offenses against democracy.
In remarkable yet underreported court proceedings since Election Day, judges from both parties have stressed the importance of accountability for those who stormed the Capitol in an effort to undermine the certification of Joe Biden’s 2020 victory. These judges have articulated dire warnings about the implications for the nation if the lessons of the 2020 election remain unheeded, as they prepare for a tumultuous beginning to Trump’s second presidency.
One judge appointed by Trump has cautioned the incoming president against issuing a “blanket pardon” for those involved in the Jan. 6 events. Meanwhile, a judge appointed by Barack Obama stated that any attempt to absolve Stewart Rhodes, the former leader of the Oath Keepers and a ringleader of the Jan. 6 attack, would be “frightening.” Rhodes is currently serving an 18-year prison term for seditious conspiracy, but Trump will have the authority to overturn that sentence on his first day back in office.
As Trump’s inauguration approaches, the judges' cautions are becoming increasingly frequent and pointed. Despite defendants attempting to delay their cases by referencing the potential for a pardon, the federal trial courts in Washington have continued to process Jan. 6 cases. Judges have made it clear that Trump’s pardon power is irrelevant to their duty to deliver justice, and they have disregarded, in Chutkan’s words, “whatever happens outside this courthouse door.”
Simultaneously, judges are increasingly utilizing their positions to fight against the revision of the narrative surrounding an event they have scrutinized for the past four years in their courtrooms.
U.S. District Judge Beryl Howell, another Obama appointee, expressed concern that not many members of the public have been able to witness the Jan. 6 cases in court, missing the extensive video and factual evidence highlighting the severity of the attack. “The rewriting of the history of Jan. 6, 2021, is incredibly disturbing,” Howell remarked during the sentencing of an individual who surged onto the Senate floor, where then-Vice President Mike Pence had recently been.
Judge Reggie Walton, appointed by George W. Bush and a vocal critic of Trump’s claims about the 2020 election, expressed his worry that if losing candidates do not accept defeat, “we’re headed for a breakup of this country.” Walton added, “This is supposed to be America. America isn’t a third-world country,” while noting a lack of similar misinformation from Democrats regarding their losses in the upcoming elections. “Mr. Trump won,” Walton stated. “He won legitimately just like he lost legitimately.”
The judges are also facing defendants who are increasingly defiant. Walton had a tense exchange with defendant Michael Bradley, who was convicted for attacking police officers at the Capitol, after Walton accused him of lying under oath. “What did I lie about?” Bradley countered, deriding Walton for previously defending the judiciary on national television during Trump’s criticisms.
At least three Jan. 6 defendants, who are prohibited from visiting Washington without judicial permission, have requested approval to attend Trump’s inauguration, one of whom was invited by Republican congress members. The Justice Department has strongly opposed two of these requests, arguing that allowing the defendants back to “the scene of the crime” could insult the police officers affected that day, some of whom may be safeguarding the Capitol during Trump’s second inauguration. Judges have yet to issue rulings on those cases, but Chutkan did approve the third defendant, Eric Peterson, in a brief order without additional explanation.
U.S. District Judge Royce Lamberth, appointed by Ronald Reagan, encapsulated the sentiments among many federal judges in Washington with a 13-page statement during the sentencing of a Jan. 6 misdemeanor defendant earlier this month. He criticized attempts by some defendants to “minimize” the impact of the riot or portray themselves as victims of a government suppressing their First Amendment rights. “On January 6, 2021, an angry mob of rioters invaded and occupied the United States Capitol, intending to interrupt the certification of the 2020 presidential election results,” Lamberth wrote. “No matter what ultimately becomes of the Capitol Riots cases already concluded and still pending, the true story of what happened on January 6, 2021 will never change.”
Chutkan expressed her full support for Lamberth’s perspective on Monday. “This is the United States Capitol — the people’s house,” she stated. “They trashed it. They treated it like a motel room after a concert. … Engaging in an act of destruction and violence in order to halt the peaceful transfer of power has to be met by consequences.”
Aarav Patel contributed to this report for TROIB News
Her remarks, made as she sentenced another member of the Jan. 6 mob to eight months in prison, reflect the growing concern and dismay voiced by federal judges in Washington, D.C., regarding the possibility of Trump granting clemency to individuals they believe committed serious offenses against democracy.
In remarkable yet underreported court proceedings since Election Day, judges from both parties have stressed the importance of accountability for those who stormed the Capitol in an effort to undermine the certification of Joe Biden’s 2020 victory. These judges have articulated dire warnings about the implications for the nation if the lessons of the 2020 election remain unheeded, as they prepare for a tumultuous beginning to Trump’s second presidency.
One judge appointed by Trump has cautioned the incoming president against issuing a “blanket pardon” for those involved in the Jan. 6 events. Meanwhile, a judge appointed by Barack Obama stated that any attempt to absolve Stewart Rhodes, the former leader of the Oath Keepers and a ringleader of the Jan. 6 attack, would be “frightening.” Rhodes is currently serving an 18-year prison term for seditious conspiracy, but Trump will have the authority to overturn that sentence on his first day back in office.
As Trump’s inauguration approaches, the judges' cautions are becoming increasingly frequent and pointed. Despite defendants attempting to delay their cases by referencing the potential for a pardon, the federal trial courts in Washington have continued to process Jan. 6 cases. Judges have made it clear that Trump’s pardon power is irrelevant to their duty to deliver justice, and they have disregarded, in Chutkan’s words, “whatever happens outside this courthouse door.”
Simultaneously, judges are increasingly utilizing their positions to fight against the revision of the narrative surrounding an event they have scrutinized for the past four years in their courtrooms.
U.S. District Judge Beryl Howell, another Obama appointee, expressed concern that not many members of the public have been able to witness the Jan. 6 cases in court, missing the extensive video and factual evidence highlighting the severity of the attack. “The rewriting of the history of Jan. 6, 2021, is incredibly disturbing,” Howell remarked during the sentencing of an individual who surged onto the Senate floor, where then-Vice President Mike Pence had recently been.
Judge Reggie Walton, appointed by George W. Bush and a vocal critic of Trump’s claims about the 2020 election, expressed his worry that if losing candidates do not accept defeat, “we’re headed for a breakup of this country.” Walton added, “This is supposed to be America. America isn’t a third-world country,” while noting a lack of similar misinformation from Democrats regarding their losses in the upcoming elections. “Mr. Trump won,” Walton stated. “He won legitimately just like he lost legitimately.”
The judges are also facing defendants who are increasingly defiant. Walton had a tense exchange with defendant Michael Bradley, who was convicted for attacking police officers at the Capitol, after Walton accused him of lying under oath. “What did I lie about?” Bradley countered, deriding Walton for previously defending the judiciary on national television during Trump’s criticisms.
At least three Jan. 6 defendants, who are prohibited from visiting Washington without judicial permission, have requested approval to attend Trump’s inauguration, one of whom was invited by Republican congress members. The Justice Department has strongly opposed two of these requests, arguing that allowing the defendants back to “the scene of the crime” could insult the police officers affected that day, some of whom may be safeguarding the Capitol during Trump’s second inauguration. Judges have yet to issue rulings on those cases, but Chutkan did approve the third defendant, Eric Peterson, in a brief order without additional explanation.
U.S. District Judge Royce Lamberth, appointed by Ronald Reagan, encapsulated the sentiments among many federal judges in Washington with a 13-page statement during the sentencing of a Jan. 6 misdemeanor defendant earlier this month. He criticized attempts by some defendants to “minimize” the impact of the riot or portray themselves as victims of a government suppressing their First Amendment rights. “On January 6, 2021, an angry mob of rioters invaded and occupied the United States Capitol, intending to interrupt the certification of the 2020 presidential election results,” Lamberth wrote. “No matter what ultimately becomes of the Capitol Riots cases already concluded and still pending, the true story of what happened on January 6, 2021 will never change.”
Chutkan expressed her full support for Lamberth’s perspective on Monday. “This is the United States Capitol — the people’s house,” she stated. “They trashed it. They treated it like a motel room after a concert. … Engaging in an act of destruction and violence in order to halt the peaceful transfer of power has to be met by consequences.”
Aarav Patel contributed to this report for TROIB News
