Donald Trump has said that he would pardon Jan. 6 defendants as president, but one of his own judicial appointees is expressing disapproval of widespread clemency for such defendants across the board.
The Washington Post reported that U.S. District Judge Carl Nichols said Tuesday: “Blanket pardons for all Jan. 6 defendants or anything close would be beyond frustrating and disappointing, but that’s not my call.”
The Trump appointee and former clerk for Supreme Court Justice Clarence Thomas made the remark as he postponed a trial for Jan. 6 defendant Edward “Jake” Lang — who has pleaded not guilty to assaulting police officers and other charges — until after Inauguration Day.
The pardon possibility wasn’t the only factor in the decision to delay the trial, but it highlights the impact that Trump’s electoral victory has for criminal cases beyond his own.
And while it’s noteworthy for a Trump appointee to pre-emptively call out these possible pardons, Nichols’ statement reinforces that clemency isn’t up to judges — it’s up to the president. So just as the future of Trump’s own criminal cases was effectively on the ballot and now they’re headed for dismissal or at least further complications, the same could be said more indirectly for Jan. 6 defendants generally.
Whether, when and to what extent Trump makes good on his clemency pledge remains to be seen. The Justice Department headed by a new attorney general, whoever that winds up being, could also scuttle pending actions in these cases.
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