Trump's Path to Reconciliation: Why a January 6th Pardon Is Long Overdue
In the theater of American politics, there are few spectacles as divisive as the events of January 6th, 2021. Almost four years later, the debate rages on, not just about what transpired, but about the aftermath: the arrests, the prosecutions, and the continued incarceration of many involved. It is time for President Donald Trump, as he steps back into the arena, to consider issuing a blanket pardon for everyone involved in the January 6th protest at the Capitol—with one caveat. This pardon would exclude those convicted of violence against police officers, but for those still in prison or facing charges for non-violent offenses, a full pardon is both necessary and just. Furthermore, for those who were convicted of assaulting officers, a commutation to "time served" represents an act of both mercy and recognition of over-punishment. Such an action would not only correct a blatant imbalance in the application of justice, but it would also acknowledge the murky, orchestrated circumstances under which much of the Capitol riot unfolded.
The Numbers Tell the Story
Approximately 10,000 people gathered at the Capitol on that day. Of those, around 1,000 individuals eventually entered the Capitol building. Since then, 1,200 have been arrested and 1,000 have been convicted of crimes. Nearly 450 have been sentenced to incarceration, with estimates suggesting that 300 individuals remain imprisoned today. These numbers do not lie; they reflect an extensive, relentless pursuit of those present on January 6th, regardless of individual actions or intent. By contrast, one need only look at the events of the preceding summer, during the BLM and Antifa protests and riots, to see a glaring discrepancy in accountability. In those protests, which saw tens of thousands of participants burning cities, looting stores, and attacking law enforcement, the majority of offenders faced no consequences whatsoever. If justice is to be just, it must also be fair. And yet, the prosecution of January 6th participants has been notably one-sided, devoid of the leniency and understanding extended to leftist rioters who terrorized American cities in 2020.
Turning the Page on January 6th
The events of January 6th are now a distant memory—almost four years in the past. The Capitol breach, which involved neither armed insurrection nor any officer fatalities directly attributable to rioters, has been blown out of proportion by those seeking to capitalize politically on the chaos of that day. The facts remain: no police officers were killed by rioters. A handful of officers were briefly hospitalized, but none sustained life-threatening injuries. No firearms were used by the protesters inside the Capitol. Yet, almost four years later, individuals are still being arrested, still being punished, and still languishing in prison cells. It is time to turn the page.
We must also remember that one person was murdered on that day: Ashli Babbitt, an unarmed Air Force veteran, was shot by Lieutenant Michael L. Byrd of the U.S. Capitol Police while attempting to climb through a broken window into the Speaker's Lobby. What makes her death even more tragic is that she was in the presence of police officers just feet behind her who did not attempt to stop her or pull her back. The officer who shot her was not in immediate danger; he was not in fear for his life. Instead, it appears he simply made the decision to shoot, and shoot to kill. Recent revelations, uncovered through investigations by the House and Senate, have brought to light disturbing details about Lt. Byrd's background: a failed shotgun qualification test, a failed FBI background check for a weapon's purchase, a 33-day suspension for a lost weapon, and referral to Maryland state prosecutors for firing his gun at a stolen car. Time and again, this officer demonstrated a pattern of recklessness and incompetence, yet he was never charged or held accountable for Ashli Babbitt's death.
As part of this reconciliation, President Trump should insist that Lt. Byrd be given a fair trial, where all the facts can be aired publicly, allowing Ashli's family the opportunity for closure and justice. It is an essential step not only for the Babbitt family but for a nation that deserves transparency and accountability from those tasked with upholding the law.
In light of the new revelations about the potential role of federal agencies, such as the FBI and HSI, in the events of January 6th, the rationale for these prosecutions becomes even murkier. Recent disclosures suggest that these agencies may have had dozens and maybe even hundreds of agents or informants embedded among the crowds, potentially inciting the very violence that they now prosecute. Federal provocateurs may have encouraged peaceful protesters to take illegal actions, stoking chaos to serve a broader narrative—one designed to discredit Donald Trump and derail any challenges to the certification of the electoral results. If this was indeed the case, then the moral and legal foundation for prosecuting these individuals is severely compromised. How many of those who entered the Capitol building did so because they were waived in by Capitol Police or were misled by provocateurs into believing they were acting within their rights? Too many questions remain unanswered.
Historical Context for Clemency
The left, and even many on the right, will undoubtedly decry any pardons issued for the January 6th protesters. They will point to the rule of law, to accountability, and to the "threat to democracy" narrative that has been sold tirelessly since that day. But history has a peculiar way of shining light on hypocrisy, and it is worth recalling some past presidential clemency decisions to put the January 6th pardons into context.
President Obama issued over 1,900 pardons during his presidency, including one to Oscar López Rivera, a leader of the Fuerzas Armadas de Liberación Nacional (FALN), a Puerto Rican nationalist group responsible for 120 bombings, including the bombing of the U.S. Senate building. These bombings resulted in multiple fatalities, including police officers. If Obama could pardon a man whose group bombed federal buildings and killed police, surely a pardon for the unarmed individuals who wandered into the Capitol—encouraged by an emotionally charged moment—is less of a stretch.
President Bill Clinton offered 459 pardons, including to individuals convicted of severe offenses. Clinton pardoned members of the Weather Underground, a radical group responsible for multiple bombings, including the bombing of the Capitol, the Pentagon, and police precincts. These individuals were directly tied to the deaths of law enforcement officers and security guards. Clinton also granted clemency to 16 members of the FALN, whose bombings killed multiple police officers and caused immense destruction. And let us not forget that Clinton even pardoned his own brother, Roger Clinton Jr., for drug offenses—an act of personal leniency that pales in comparison to the January 6th issue.
President Jimmy Carter famously pardoned over 500,000 draft dodgers who refused to serve during the Vietnam War. Many of these individuals acted not out of conscience, but out of convenience, abandoning their peers and shirking their duties. Carter also commuted the sentence of Patty Hearst, a bank robber affiliated with the Symbionese Liberation Army (SLA), a violent group responsible for numerous attacks.
President Gerald Ford issued a controversial pardon for Leonard Peltier, a member of the American Indian Movement (AIM), who was implicated in the deaths of two FBI agents. This was a clear case involving violence against law enforcement, and yet Ford recognized the complexities surrounding the event and acted in what he saw as the interests of justice and reconciliation.
The Case for Clemency Today
In each of these historical instances, the use of presidential pardon power was meant to heal, to reconcile, or to bring closure to a fraught chapter in American history. Whether it was Carter pardoning half a million men who turned their backs on duty, or Clinton absolving those who bombed government buildings, the underlying theme was clear: reconciliation. It is now time to apply that same principle to the January 6th protesters. These individuals did not bomb the Capitol; they did not engage in coordinated acts of terror; they were unarmed citizens swept up in a chaotic moment, often fueled by a belief—rightly or wrongly—that they were defending their country.
The individuals who committed acts of violence against police officers should see their sentences commuted to time served. Justice has already been served in many ways; these people have lost their freedom, their jobs, and in some cases, their families. Many have faced solitary confinement and conditions far harsher than those faced by members of leftist militant groups pardoned by previous presidents. It is time for Trump to wield the power of the presidency for true reconciliation—to correct an imbalance in the administration of justice, to heal a divided nation, and to turn the page on January 6th.
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When Kash Patel takes the reins at the FBI he needs to get the list of those Federal provocateurs that instigated so much of what went wrong at the really, actually, mostly peaceful Jan 6th rally. He should offer get out of jail cards who voluntary come forward and describe what their instructions were, and from whom.