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The sentencing of a man for child pornography is but one of dozens of cases—including charges or convictions for child sex crimes, rape, and weapons offenses—involving pardoned January 6 attackers.
President Donald Trump was elected twice on promises of upholding "law and order," but his blanket pardon of January 6, 2021 Capitol insurrectionists—dozens of whom have since run afoul of the law—is drawing renewed criticism in the wake of one particularly heinous crime.
On Monday, a federal judge in Massachusetts sentenced Daniel Tocci to four years in prison followed by five years of supervised release after he was convicted of possessing more than 100,000 child pornography images, as well as photos and videos showing extreme deadly violence against women and animals.
Tocci had been previously charged with crimes connected to the storming of the US Capitol on January 6. Trump—who was impeached for a historic second time for inciting the insurrection—pardoned more than 1,500 Capitol insurrectionists, including those who brutally attacked law enforcement officers, on his first day back in the White House.
The largest US police union warned at the time that the mass pardon sent "a dangerous message" that would "embolden" criminals, a warning that was echoed by numerous civil society groups.
However, Trump was undaunted, railing against a "corrupt" system that wrongfully persecuted "patriots."
Those pardoned "patriots" subsequently went on what the editors of The New York Times on Tuesday described as a "crime spree." At least 33 of them were rearrested, charged, or sentenced for other crimes between the time of their pardon and December 2025, according to Citizens for Responsibility and Ethics in Washington (CREW).
"Six of the pardoned January 6th insurrectionists are charged with committing child sex crimes, ranging from sexual assault to possession of child pornography," CREW continued. "At least five were charged with illegal possession of weapons, including at least two who had a previous domestic violence conviction. Five were arrested or charged with driving while impaired or under the influence. In two of these cases, the defendant’s reckless driving resulted in a fatality. Two were charged with rape."
This is Andrew Paul Johnson. Andrew was convicted of insurrection on January 6 for assaulting cops.Trump pardoned Andrew. 9 months later, Andrew was caught molesting children, sharing CSAM, & buying victims' silence by giving them money from a Justice Dept settlement.Trump protects pedophiles.
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— Qasim Rashid, Esq. (@qasimrashid.com) March 6, 2026 at 7:30 AM
The Times editors wrote that Trump's "self-serving pardons are so numerous that public attention cannot keep up with them."
"He has created a veritable pardon industry, in which people with White House connections accept payments from wealthy convicts," they continued. "Among those on whom he has bestowed freedom are dozens of people convicted of fraud."
In May 2024, Trump was convicted of 34 fraud-related felonies after he falsified business records regarding hush money payments to cover up sex scandals during the 2016 presidential election.
"He has also pardoned Juan Orlando Hernández, a former president of Honduras, who helped traffic hundreds of tons of cocaine into the United States, and Ross Ulbricht, who was serving a life sentence for running Silk Road, a sprawling criminal enterprise that sold drugs," the Times editors added.
Yet Trump ordered the invasion of Venezuela and the kidnapping of Venezuelan President Nicolás Maduro and his wife for alleged narco-terrorism offenses. He also ordered the campaign of nearly 50 airstrikes on boats allegedly smuggling drugs on the high seas and sent troops into Ecuador in the name of fighting drugs.
Emboldened by their pardons and, critics say, Trump's aura of impunity, some pardoned Capitol insurrectionists have parlayed their participation in the attack into runs for elected office. Some are reveling in their embrace by a Republican Party that has enabled Trump's crimes for years and has whitewashed the terror that lawmakers of both parties felt during the Capitol attack.
Steve Bannon: The J6ers are here at CPAC! All of them! The J6 choir is gonna play the Kennedy Center! pic.twitter.com/Lkj3nRPxqD
— Grace Chong, MBI (@gc22gc) February 20, 2025
Others are suing the federal government for tens of millions of dollars, alleging that the law enforcement officers—five of whose deaths are linked to the events of January 6—physically and emotionally harmed them that day. One woman, Ashli Babbitt, was shot and killed while storming the Capitol; the Trump administration agreed to a nearly $5 million settlement with her family and the Air Force offered full military funeral honors.
Responding to Tocci's sentencing for child pornography possession, Scott Kelley Ernest, a former white supremacist who now helps others leave hate groups, quipped on Bluesky, "Another one bites the dust... until Trump hires him to be an ambassador."
That's exactly what the president did for Charles Kushner, the father of Trump's son-in-law Jared Kushner, who in 2005 was convicted of 18 felony counts including illegal campaign contributions, tax evasion, and witness tampering. Trump pardoned the elder Kushner in 2020 and, in 2025, appointed him ambassador to France and Monaco, a known hub of illicit financial activity.
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold."
Former special counsel Jack Smith on Thursday defended his decision to bring criminal charges against President Donald Trump, while also expressing deep concerns about the rule of law in the US during the second Trump administration.
During testimony before the US House Judiciary Committee, Smith emphasized that he decided to prosecute Trump solely because the facts in the case showed he had committed crimes.
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold," said Smith. "Grand juries in two separate districts reached this conclusion based on his actions as alleged in the indictments they returned."
Smith then said that after losing the US presidential election in 2020, Trump "engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power."
The former special counsel emphasized that he stood by his decisions to bring charges against Trump because "our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."
Smith told lawmakers on the committee that he had uncovered evidence that Trump knew his claims about the 2020 election being stolen were false, but he pushed them anyway in order to illegally remain in the White House.
"Trump was not looking for honest answers about whether there was fraud in the election," said Smith. "He was looking for ways to stay in power. And when people told him things that conflicted with him staying in power, he rejected them."
In addition to discussing his criminal cases against the president, which were dismissed without prejudice after the 2024 presidential election, Smith also delivered a warning about Trump's campaign of retribution against his enemies.
"President Trump has sought to seek revenge against career prosecutors, FBI agents, and support staff simply for having done these cases," he said. "Vilifying and seeking retribution against these people is wrong. Those dedicated public servants are the base of us, and it has been a privilege to serve with them."
Smith then pivoted to warning about the state of the rule of law in general during Trump's second term.
"My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted," he said. "The rule of law is not self-executing. It depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs. Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country."
Smith's testimony earned praise from Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee.
"Special Counsel Smith, you pursued the facts," Raskin said. "You followed every applicable law... Your decisions were reviewed by the Public Integrity Section. You acted based solely on the facts."
The Maryland Democrat said that Smith's approach to enforcing the law was in stark contrast to the approach the US Department of Justice (DOJ) has taken during Trump's second term.
"The opposite of Donald Trump, who now has purported to take over the Department of Justice," Raskin said. "He’s in charge of the whole thing under his unitary executive theory, and he acts openly, purely based on political vendetta and motives of personal revenge. And he doesn’t deny it."
As Smith was testifying, Trump called Smith a "deranged animal" and put direct pressure the DOJ to punish the former special counsel.
"Hopefully the Attorney General is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me," Trump wrote on Truth Social. "The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!"
On Tuesday, Trump filed a motion asking the US District Court of the Southern District of Florida to prohibit the DOJ from carrying out a planned future release of Smith's report on his case against Trump that involved the unlawful retention of top-secret government documents at his Mar-a-Lago resort after he left the White House in 2021.
Lisa Gilbert, co-president of Public Citizen, linked the timing of Thursday's hearing with Smith to the potential release of his report on the classified documents case.
" Republicans are only now allowing this hearing simply because Judge Cannon’s injunction keeping the second volume of Jack Smith’s report private is about to expire," she said. "Keeping the truth locked away is an assault on the rule of law and on the transparency owed to the American people."
"The American people deserve to know how many of these violent insurrectionists have been given guns and badges by this administration."
Congressman Jamie Raskin got right to the point in a letter to Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem as he sought an answer to a question several Democratic lawmakers have raised in recent months regarding the Trump administration's recruiting practices as it seeks to flood American communities with immigration officers.
"How many pardoned January 6th insurrectionists have been hired by your respective departments?" Raskin (D-Md.), ranking member of the House Judiciary Committee, asked the two officials.
The congressman wrote to Bondi and Noem as video evidence continues to mount of federal agents' violent tactics in communities across the US following an Immigration and Customs Enforcement (ICE) agent's fatal shooting of Minneapolis resident Renee Good last week.
The Department of Homeland Security (DHS), said Raskin, "seems to be courting pardoned January 6th insurrectionists."
He pointed to "white nationalist 'dog whistles'" it's used in its recruitment campaigns that appear to target members of "extremist militias" like the Proud Boys, Oath Keepers, and Three Percenters.
Potential ICE recruits have been bombarded by messages from DHS calling on them to help "defend the homeland" and images like one of a white Uncle Sam caricature standing at a crossroads with signs pointing one way—labeled "INVASION" and "CULTURAL DECLINE"—and another, labeled "HOMELAND" and "LAW AND ORDER." The image and caption appeared to be a reference to the white nationalist text Which Way, Western Man? by William Gayley Simpson.
The groups and militias apparently being targeted by the recruitment push coordinated with one another on January 6, 2021 as their members and leaders were among those who stormed the US Capitol in an effort to stop former President Joe Biden's electoral victory from being certified.
One of President Donald Trump's first actions after taking office last year was pardoning more than 1,500 people convicted of participating in the attempted insurrection, and dozens of them have been rearrested, charged, or sentenced for other crimes including child sexual assault, possession of child pornography, and domestic violence.
Other Democratic lawmakers have previously raised alarm about the lax hiring requirements DHS has put in place as it seeks to grow its ranks of ICE agents, with Sen. Dick Durbin (D-Ill.) noting in an October letter to Noem that in its push to hire more so-called "patriots," ICE has "changed the age requirements for new recruits."
"DHS announced that applicants now can apply at the age of 18 and there is no age cap. ICE also removed its Spanish-language requirement—shortening the training program by five weeks—and is pursuing additional ways to expedite training," wrote Durbin. "The loosening of hiring standards and training requirements is unacceptable and will likely result in increased officer misconduct—similar to or worse than what occurred during a small surge in hiring US Customs and Border Protection officers in the early 2000s."
On Monday, Raskin pointed out that ICE agents have been permitted to go to great lengths to hide their identities with masks as they've tackled people to the ground, "detained and battered multiple pregnant women," threatened people and confiscated their cellphones for filming them—a protected activity under the First Amendment—and rammed open the door of a home in Minneapolis as they apparently began "door-to-door" operations.
"Unique among all law enforcement agencies and all branches of the armed services, ICE agents conceal their identities, wearing masks and removing names from their uniforms. Why is that? Why do National Guard members, state, county, and local police officers, and members of the Army, Navy, Air Force, and Marines all routinely work unmasked while ICE agents work masked?" wrote Raskin.
"Who is hiding behind these masks?" he continued. "How many of them were among the violent rioters who attacked the Capitol on January 6 and were convicted of their offenses? The American people deserve to know how many of these violent insurrectionists have been given guns and badges by this administration."
He demanded the release of records related to the solicitation or hiring of anyone charged or investigated for participating in the January 6 attack.
Raskin's letter was sent as independent journalist Ken Klippenstein reported on leaked documents showing that ICE and Border Patrol officials on the ground are struggling to cope with both staffing and legal compliance issues following Good's killing.
"While Homeland Secretary Kristi Noem and others in the administration preen about justifying last week’s shooting and trumpet their war on 'domestic terrorism,' DHS is privately divided and hesitant about the latest deployments," wrote Klippenstein, detailing efforts within the agency to find around 300 volunteers to deploy in Minneapolis, "in part due to opposition within the ranks."
Following DHS' aggressive recruiting push that appears to designed to appeal to extremist militias, "there might be some immature knuckleheads who think they are out there trying to capture Nicolás Maduro, but most field officers see a clear need for deescalation," a high-ranking career official at DHS told Klippenstein. “There is genuine fear that indeed ICE’s heavy handedness and the rhetoric from Washington is more creating a condition where the officers’ lives are in danger rather than the other way around.”
Officials are reportedly pushing to rein in the agents whom the Trump administration has unleashed on communities including Minneapolis, where ICE agent Jonathan Ross shot Good while she was sitting in her car after she had reportedly been given conflicting orders by officers.
While Trump has suggested Good was to blame for her killing because she was "disrespectful" to the officers and videos have surfaced of agents attacking and threatening people for filming and observing them, Border Patrol Commander Greg Bovino sent a "legal refresher" to agents in the field, reminding them that protesters who use profanity, insults, and rude gestures are not breaking any laws.
Noncompliance with law enforcement and recordings of ICE agents are protected activities, the document reminds officers.
Sarah Saldaña, a former director of ICE, also recently said that DHS' decision to frame its recruiting push as a "war effort" would inevitably result in a federal anti-immigration force that views itself as being at war with the communities it's sent to.
DHS is promoting a viewpoint among recruits that “the quicker we get out there and run over people, the better off this country will be,” Saldaña told the Washington Post days before Good was killed. “That mentality you’re fostering tends to inculcate in people a certain aggressiveness that may not be necessary in 85% of what you do.”
A DHS official who spoke to Klippenstein said that "the claim is that recruiting is up, but there is also dread that the gung-ho types that ICE and the Border Patrol are bringing in have a propensity towards confrontation and even violence.”