I so appreciate your informing us of the possible process, and your offer to advocate for defendants. Please keep us updated.
My concern is the revealing of FBI confidential informants instigating actions, as the IG has admitted to their presence, but J6 defendants having their cases reviewed before the full nature of the government’s own role in this riot.
There has yet to be any definitive identification of "undercover federal agents" doing anything. That is different from federal "confidential human sources" of which there were many in the crowd with various groups. Much of that information remains under seal. But let me put it to you this way -- if there was evidence of "CHSs" "promoting and influencing protesters to attack the Capitol" do you think that evidence would still be hidden, two years after the GOP gained control of the House and has access to all the USCP files on the event since the USCP now answers to a GOP Speaker of the House, not Pelosi.
Yes. In the same way the Kennedy files have been hidden for 60 years. In the same way the FISA court continues to operate despite the “Russia hoax.” In the same way everyday Americans have their phone calls and texts recorded by the “authority” of the Patriot Act. It’s not partisan, it’s the spooks. The 3 letter agencies are allowed to run roughshod over the Constitution because politicians are scared of them.
I read with interest your essay on what J6 pardons might be like. I agree with you. There is one idea I have concerning this process you described, and that is that the majority of those J6ers that are still incarcerated be released on their own recognizance while awaiting the outcome of their request for pardons, commutations, or appeals. Those few who were demonstrably violent toward others and police officers (but not using the DOJ’s mischaracterizations), and who had prior convictions for physical violence, should be considered for bail.
This is one issue that is actually pretty easy for Trump to address on his first day. The Bureau of Prisons is part of the Department of Justice, and the Director answers to the Attorney General, and the Attorney General answers to the President. So if the President orders a list of individuals in custody be released pending consideration of pardons or sentence commutations, that order would have to be followed.
I can't help but think that the service you've provided the J6 defendants has been invaluable and, in the help you supplied to YOUR clients, helped other defendants' cases also.
I am certainly looking forward to putting this whole sorry affair behind the nation so we can get on with the business of living again.
Fair enough, the only thing I would additionally like to see would be transparency as to who was acting on behalf of or at the behest of the FBI and what effect to those actions have on those around them. We've all seen the videos of Ray Epps and Nick Fuentes blatantly inciting a riot and neither has been charged for having done so. Are they just the tip of the iceberg?
There should be zero concern for any evidence being used as “political fodder” in future elections. The majority of Americans understand how the media and the democrats lie and cheat in elections. Let them try to use any J6 video evidence in future elections. America already adjudicated that evidence in this year’s election .
Ship Would you please address the J6 defendants that have not yet been sentenced after being found guilty of the 4 misdemeanors. Some of us have sentencing dates after Jan 20, 2025. What is the likelihood of our cases being dismissed prior to the sentencing date? Mine specifically is 27 January.
As of today, I'm not aware of a single District Judge who has been willing to postpone a sentencing hearing as a result of the election and the prospect for a possible pardon.
But so far the DOJ has opposed every such request. That should change on Jan. 20, 2025, and DOJ should start agreeing to such postponements while it considers what to do with cases that are not yet final -- where sentencing has not taken place.
Great analysis of the prospective pardon process for the J6 protesters from a legal standpoint. I applaud you for all the time and effort you've put in to represent these people.
This is a significant and insightful post that should be widely shared. As a former Senate official, I was distraught by the events of January 6th but no less troubled by the egregious behavior of then-Speaker Pelosi and her lieutenants, the illegitimate and corrupted J6 Special House Committee, and the denial of Civil Rights to many of the prosecuted by the DOJ. Thank you for bringing an expert perspective to the entire matter.
There’s good information here that I did not know. I didn’t know about the Nov 12/Dec 6 (dates?) incidents that cause so many to come prepared. Thanks for the info.
I do know there were some mentally ill and real criminals there. I’ve had mixed feelings about their blanket pardons but the inequitable prosecution is a fair justification for their blanket pardon too.
Especially fair for pardon are those who mixed it up with police in protecting the downed and infirm. The situation in the tunnel where Roseanne Boyland died is the perfect example. The police are not immune to group-think and are especially prone to throwing their weight and authority around even when it harms the innocent. The police over reaction caused a lot of harm, both in injury and death and in inciting riotous behavior. In fact, the police response that day changed my opinion — blindly pro police, no matter what — to skeptical of police until they prove otherwise.
I still believe the whole Capitol incident was planned and, as it turned out, brilliantly executed to install Joe Biden.
I sincerely doubt there will be any pardons. The blob will delay, obstruct, and prevent any individualized action being taken, and as you said, a blanket pardon will probably not happen for political reasons.
I so appreciate your informing us of the possible process, and your offer to advocate for defendants. Please keep us updated.
My concern is the revealing of FBI confidential informants instigating actions, as the IG has admitted to their presence, but J6 defendants having their cases reviewed before the full nature of the government’s own role in this riot.
Thank you…
Is there any evidence you’ve seen of undercover federal agents promoting and influencing protesters to attack the Capitol building?
There has yet to be any definitive identification of "undercover federal agents" doing anything. That is different from federal "confidential human sources" of which there were many in the crowd with various groups. Much of that information remains under seal. But let me put it to you this way -- if there was evidence of "CHSs" "promoting and influencing protesters to attack the Capitol" do you think that evidence would still be hidden, two years after the GOP gained control of the House and has access to all the USCP files on the event since the USCP now answers to a GOP Speaker of the House, not Pelosi.
Yes. In the same way the Kennedy files have been hidden for 60 years. In the same way the FISA court continues to operate despite the “Russia hoax.” In the same way everyday Americans have their phone calls and texts recorded by the “authority” of the Patriot Act. It’s not partisan, it’s the spooks. The 3 letter agencies are allowed to run roughshod over the Constitution because politicians are scared of them.
I read with interest your essay on what J6 pardons might be like. I agree with you. There is one idea I have concerning this process you described, and that is that the majority of those J6ers that are still incarcerated be released on their own recognizance while awaiting the outcome of their request for pardons, commutations, or appeals. Those few who were demonstrably violent toward others and police officers (but not using the DOJ’s mischaracterizations), and who had prior convictions for physical violence, should be considered for bail.
This is one issue that is actually pretty easy for Trump to address on his first day. The Bureau of Prisons is part of the Department of Justice, and the Director answers to the Attorney General, and the Attorney General answers to the President. So if the President orders a list of individuals in custody be released pending consideration of pardons or sentence commutations, that order would have to be followed.
Terrific summary of what to expect going forward.
I can't help but think that the service you've provided the J6 defendants has been invaluable and, in the help you supplied to YOUR clients, helped other defendants' cases also.
I am certainly looking forward to putting this whole sorry affair behind the nation so we can get on with the business of living again.
Fair enough, the only thing I would additionally like to see would be transparency as to who was acting on behalf of or at the behest of the FBI and what effect to those actions have on those around them. We've all seen the videos of Ray Epps and Nick Fuentes blatantly inciting a riot and neither has been charged for having done so. Are they just the tip of the iceberg?
There should be zero concern for any evidence being used as “political fodder” in future elections. The majority of Americans understand how the media and the democrats lie and cheat in elections. Let them try to use any J6 video evidence in future elections. America already adjudicated that evidence in this year’s election .
More than reasonable--quite generous. I'd be glad to have Ship represent me if I were accused.
Ship Would you please address the J6 defendants that have not yet been sentenced after being found guilty of the 4 misdemeanors. Some of us have sentencing dates after Jan 20, 2025. What is the likelihood of our cases being dismissed prior to the sentencing date? Mine specifically is 27 January.
Thank you 🙏
As of today, I'm not aware of a single District Judge who has been willing to postpone a sentencing hearing as a result of the election and the prospect for a possible pardon.
But so far the DOJ has opposed every such request. That should change on Jan. 20, 2025, and DOJ should start agreeing to such postponements while it considers what to do with cases that are not yet final -- where sentencing has not taken place.
Great analysis of the prospective pardon process for the J6 protesters from a legal standpoint. I applaud you for all the time and effort you've put in to represent these people.
This is a significant and insightful post that should be widely shared. As a former Senate official, I was distraught by the events of January 6th but no less troubled by the egregious behavior of then-Speaker Pelosi and her lieutenants, the illegitimate and corrupted J6 Special House Committee, and the denial of Civil Rights to many of the prosecuted by the DOJ. Thank you for bringing an expert perspective to the entire matter.
God bless you Sir.
There’s good information here that I did not know. I didn’t know about the Nov 12/Dec 6 (dates?) incidents that cause so many to come prepared. Thanks for the info.
I do know there were some mentally ill and real criminals there. I’ve had mixed feelings about their blanket pardons but the inequitable prosecution is a fair justification for their blanket pardon too.
Especially fair for pardon are those who mixed it up with police in protecting the downed and infirm. The situation in the tunnel where Roseanne Boyland died is the perfect example. The police are not immune to group-think and are especially prone to throwing their weight and authority around even when it harms the innocent. The police over reaction caused a lot of harm, both in injury and death and in inciting riotous behavior. In fact, the police response that day changed my opinion — blindly pro police, no matter what — to skeptical of police until they prove otherwise.
I still believe the whole Capitol incident was planned and, as it turned out, brilliantly executed to install Joe Biden.
Always informative and thought-provoking
I sincerely doubt there will be any pardons. The blob will delay, obstruct, and prevent any individualized action being taken, and as you said, a blanket pardon will probably not happen for political reasons.
I'll take that bet.