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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.
"Henry Cuellar, the last anti-choice Democrat in the House, sold out his own community for bribes from a foreign government and oil corporation," said Sunrise Movement in condemning the Trump pardon.
President Donald Trump on Wednesday announced that he was pardoning Democratic US Rep. Henry Cuellar, who was indicted by the Department of Justice in 2024 on charges of bribery, conspiracy, and money laundering.
In justifying the pardon, Trump baselessly claimed that the Texas lawmaker was the victim of vindictive prosecution by former President Joe Biden in supposed retaliation for Cuellar's criticisms of Biden's immigration policies.
"Henry, I don't know you, but you can sleep well tonight," Trump wrote at the end of his pardon announcement. "Your nightmare is finally over!"
According to federal prosecutors, Cuellar and his wife, Imelda Cuellar, engaged in a corrupt scheme that involved taking $600,000 worth of bribes from a fossil fuel company owned by the government of Azerbaijan in exchange for desired policy outcomes.
"The bribe payments were laundered, pursuant to sham consulting contracts, through a series of front companies and middlemen into shell companies owned by Imelda Cuellar,” prosecutors alleged in their indictment. “In exchange for the bribe payments to Imelda Cuellar, Henry Cuellar agreed to perform official acts in his capacity as a member of Congress, to commit acts in violation of his official duties, and to act as an agent of the government of Azerbaijan."
As noted by congressional reporter Jamie Dupree, Cuellar is the twelfth current or former member of Congress whom Trump has pardoned, and is the first one to receive a pardon without having been criminally convicted.
Cuellar is also just the second current or former Democratic member of Congress to receive a pardon from Trump, who also pardoned former Illinois Gov. and ex-US Rep. Rod Blagojevich, who was found guilty in 2011 on multiple corruption charges related to his attempt to sell a US Senate seat that had been vacated by Barack Obama after his election to the presidency in 2008.
Some progressives expressed revulsion at Trump's pardon of Cuellar, one of the most conservative members of the House Democratic caucus who has nonetheless been defended by party leadership despite criminal charges leveled against him.
"This is disgusting," wrote Sunrise Movement's official X account. "Henry Cuellar, the last anti-choice Democrat in the House, sold out his own community for bribes from a foreign government and oil corporation. Then he cozied up to Trump for a pardon while the Democratic establishment stood by and watched."
Melanie D'Arrigo, executive director of Campaign for New York Health, speculated that Trump pardoned Cuellar as a reward for stifling past progressive policy ambitions.
"Henry Cuellar is part of the Problem Solvers Caucus—a 'bipartisan' group where the Democrat members repeatedly undermine the Democrats' agenda to help Republicans, while taking campaign donations from Republican billionaires," she wrote. "This is a 'thank you.'"
Emma Vigeland, cohost of "The Majority Report" talk show, wondered if Trump had worked out an explicit quid pro quo with Cuellar ahead of the pardon.
"Cuellar is an anti-abortion Democrat who will likely switch parties now that Trump has gotten him out of a dozen bribery and money laundering charges," she wrote.
However, the Texas Tribune reports that Cuellar on Wednesday filed to run for reelection as a Democrat, which for now casts doubt on him switching parties as a condition of getting pardoned.
"There is no such thing as a pardon request without an admission of guilt and without resignation," said one journalist. "This is a demand for the surrender of the rule of law in Israel."
Weeks after President Donald Trump called for a pardon for his ally, Prime Minister Benjamin Netanyahu, the Israeli leader himself issued a formal plea to President Isaac Herzog and addressed the nation—claiming a pardon for allegations of bribery, fraud, and breach of trust, which he's been on trial for since 2020, would be in the country's best interest.
Netanyahu was indicted in 2019 in three separate corruption cases regarding allegations that he took more than $200,000 from wealthy businessmen in exchange for positive media coverage for himself and his family. He has denied wrongdoing in the cases.
The prime minister has also been accused by the International Criminal Court of war crimes and crimes against humanity in Gaza, where Israel has killed more than 70,000 Palestinians since October 2023, with the slaughter of civilians continuing despite a ceasefire deal that was reached in October. A New York Times report in July described how Netanyahu prolonged the war to maintain his political power. Netanyahu's government also sought to fire the Israeli attorney general, who is prosecuting the prime minister's case.
In his letter to Herzog, whose role is largely ceremonial but who has the authority to pardon convicted criminals, Netanyahu requested the pardon so that he can “devote his full time, abilities, and strengths to advance Israel in these critical times."
“The continuation of the trial tears us apart from within, stirs up this division, and deepens rifts," he added in his video address. "I am sure, like many others in the nation, that an immediate conclusion of the trial would greatly help to lower the flames and promote the broad reconciliation that our country so desperately needs."
The request made clear that he has no intention of admitting wrongdoing or resigning from office—which critics including Israeli opposition leader Yair Lapid said must be a condition for any pardon.
“You cannot grant him a pardon without an admission of guilt, an expression of remorse, and an immediate retirement from political life,” said Lapid.
Israeli journalist Anshel Pfeffer, who authored a biography of Netanyahu, said the prime minister was "demanding immunity from prosecution" rather than asking for a pardon for a crime he's convicted of.
"There is no such thing as a pardon request without an admission of guilt and without resignation," said Pfeffer. "This is not a pardon request. This is a demand for the surrender of the rule of law in Israel."
In the video address Netanyahu released, he suggested a pardon would be for the good of the nation and claimed that his “personal interest remains to continue the trial until the end."
He also referenced Trump's letter to Herzog, in which the president claimed he respected "the independence of the Israeli Justice System" but called the corruption cases a "political, unjustified prosecution.”
Herzog said Sunday that he would seek expert opinions on the request and would “responsibly and sincerely consider" a pardon, noting that it would have “significant implications."
Emi Palmor, former director general of Israel's Justice Ministry, told Al Jazeera that it is "impossible" for Netanyahu to halt his trial with a pardon request.
“You cannot claim that you’re innocent while the trial is going on and come to the president and ask him to intervene," said Palmor.
In the US, Rep. Mark Pocan (D-Wisc.) said that should Herzog grant Netanyahu's request, "it will be hard to consider [Israel] a law-abiding nation."
"It would be a huge mistake," said Pocan. "Real nations follow laws."
One policy expert warned the move was likely meant to signal to Republican election officials that if they take actions to steal future elections, "they'll be pardoned."
President Donald Trump has given a "full, complete, and unconditional” pardon to a long list of allies who conspired to help him overturn his loss in the 2020 election.
Late Sunday night, Justice Department attorney Ed Martin posted a list of over 70 people who would receive pardons. Many of the figures included were named as unindicted co-conspirators or charged at the state level for their roles in the plot to knowingly spread false claims of widespread voter fraud in an attempt to push states to reject former President Joe Biden's victories in key swing states and pressure Vice President Mike Pence into stopping the certification of the election.
Among those pardoned are Trump lawyers Rudy Giuliani and Sidney Powell, who publicly promoted baseless claims of a vast conspiracy against the president to the public, claiming that the election was stolen by a cabal of foreign infiltrators and scheming election officials. They later faced defamation lawsuits for these claims, and in legal proceedings, Giuliani conceded he made false statements about election workers, while Powell's lawyers argued that "no reasonable person" would conclude her public claims were statements of fact.
Trump also pardoned former chief of staff Mark Meadows, who acted as a facilitator between the president and state officials he attempted to bully into saying he won the election. Aside from the president himself, Meadows was the highest-ranking White House staffer on the phone call in which Trump asked Georgia's Republican Secretary of State Brad Raffensperger to "find" him enough votes to be declared the winner of the election.
Also receiving pardons were attorneys John Eastman and Kenneth Chesebro. They were part of what Pence called Trump's "gaggle of crackpot lawyers," who concocted the tortured legal theory that the vice president could declare Biden's victory in swing states illegitimate and anoint Trump as the winner. Eastman privately admitted to Trump that the scheme was illegal but pressed ahead with it anyway, culminating in the January 6, 2021, insurrection at the US Capitol, during which Trump supporters chanted, "Hang Mike Pence," and tried to stop the election results from being certified.
Also pardoned were several of the right-wing activists who signed documents falsely claiming to be electors from states that had certified the election for Biden.
Crucially, the individuals listed never faced federal criminal indictments for their election subversion attempts. However, dozens of those on the list were charged with crimes in swing states—including Georgia, Arizona, Wisconsin, and Nevada—related to the effort. The pardons mean these officials cannot be indicted at the federal level for these crimes.
Though the pardon list is broad, giving clemency to "all United States citizens for conduct relating to the advice, creation, organization, execution, submission, support, voting activities, participation in or advocacy for or of any slate or proposed slate of presidential electors… as well for any conduct relating to their efforts to expose voting fraud and vulnerabilities in the 2020 presidential election," it explicitly states that it "does not apply" to Trump himself, indicating that his legal team is not yet ready to test the theory that the president can pardon himself.
Still, the language Martin used in the announcement—"No MAGA left behind"—signaled the goal of creating a two-tiered justice system where those who display loyalty to Trump are immune from the law.
"The stated goal of the pardon attorney is to reward the president's political supporters," wrote Matt Gertz, a senior fellow for Media Matters for America on social media.
It coincides with Trump's broader efforts to give get-out-of-jail-free cards to anyone who gives him political support. Immediately after returning to office, he gave blanket pardons to more than 1,500 people who participated in the violent effort to overturn the election on his behalf on January 6. Since then, his Justice Department has moved to fire or suspend those who brought cases against them, even for unrelated crimes.
Simply being a public Trump supporter has often been enough for people to be let off the hook for petty crimes. Florida healthcare executive Paul Walczak, who was convicted of federal tax evasion, reportedly got a pardon after his mother made a substantial donation to Trump's Super PAC. He later gave pardons to reality stars Todd and Julie Chrisley, a pair of vocal supporters, who were convicted of bank and tax fraud. He also pardoned Virginia Sheriff Scott Jenkins, another prominent supporter, who was convicted in a bribery scandal for accepting "cash for badges."
"Pardon attorney Ed Martin explicitly linked the pardons to his 'No MAGA left behind' mantra—tweeting the news in reply to a post that said exactly that," noted senior Lawfare editor Anna Bower. "Ironically, Martin also leads the Weaponization Working Group, which probes alleged 'politicization' of the Justice Department."
Tyson Slocum, an energy policy expert at Public Citizen, warned that these pardons send a clear message to those hoping to help Trump subvert future elections.
"Trump's pardons of Republicans who have committed crimes," he said, "is a setup to encourage state-level Republican election officials to take actions to illegally steal the election, knowing that if they succeed, they'll be pardoned."
"It appears Trump is no longer concerned about appearances or the pretense of propriety. He's corrupting the pardon process," wrote one MSNBC political contributor on Tuesday.
U.S. President Donald Trump on Wednesday reportedly signed full pardons for Todd and Julie Chrisley, reality TV stars known for the program "Chrisley Knows Best," who were convicted in 2022 of evading taxes and financial fraud to prop up their luxurious lifestyles.
Todd and Julie Chrisley were sentenced to 12 and seven years in federal prison, respectively, in 2022. The charges brought against them included conspiring to defraud banks in the Atlanta area in order to get ahold of over $36 million in personal loans. "The Chrisleys spent the money on luxury cars, designer clothes, real estate, and travel—and used new fraudulent loans to pay back old ones," according to a 2022 release from the U.S. Attorney's Office for the Northern District of Georgia. Both of the Chrisleys have maintained their innocence, according to CNN.
Citing an unnamed White House official, CNN reported Wednesday that Trump has signed pardons for them, though as of mid-day the pardons are still not listed on the Department of Justice's website.
On Tuesday, Trump's communications adviser, Margo Martin, posted a video on X that showed Trump making a phone call to the Chrisleys' daughter, Savannah Chrisley, letting her know of his plans to grant pardons for her parents. In the video, Trump says that "it's a great thing because your parents are going to be free and clean, and hopefully we can do it by tomorrow."
Reacting to the news about the Chrisleys, Steve Benen, an MSNBC political contributor and producer for "The Rachel Maddow Show," argued on Wednesday that in his first term, Trump "wielded his pardon power as a corrupt weapon," but many of his eye-brow raising pardon actions took place after he lost in the 2020 election.
"But as his second term gets underway, it appears Trump is no longer concerned about appearances or the pretense of propriety. He's corrupting the pardon process; he knows that he's corrupting the pardon process; he knows that we know that he's corrupting the pardon process; and he's doing it anyway," Benen wrote. "The president seems eager to act with impunity, confident in the knowledge that a Republican-led Congress will shrug its shoulders with indifference."
The X account Republicans against Trump blasted the move on Tuesday, calling it "another corrupt pardon."
Trump began his second term with multiple high-profile clemency actions, including issuing pardons and commutations for over 1,500 rioters convicted in connection to the January 6 insurrection at the Capitol and pardoning Silk Road founder Ross Ulbricht.
More recently, Trump in April pardoned Florida healthcare executive Paul Walczak, who was recently sentenced to over a year in prison stemming from tax crimes that he pleaded guilty to.
In Walczak's pardon application, submitted last fall, he argued that his criminal prosecution was motivated more by his mother's support of Trump, including her financial support for Trump's campaigns, rather than the crimes he had admitted to, according to The New York Times. The outlet also reported that Walczak's mother, Elizabeth Fago, attended a fundraiser at Trump's Mar-a-Lago club last month that was a $1-million-per-person dinner. Weeks later, Trump pardoned Walczak.
Savannah Chrisley has spoken publicly to highlight her parents' case.
Savannah Chrisley spoke at the Republican National Convention in 2024 and suggested that her parents were targeted because prosecutors had some sort of political agenda. "My family was persecuted by rogue prosecutors in Fulton County due to our public profile—I know, Fulton County, they know how to do it, don't they—due to our public profile and conservative beliefs," Chrisley said. According to The Washington Post, she also went to the White House in February to make the case for their pardons.
"If you're a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn't matter," said one consumer advocate.
In what could be a U.S. first, President Donald Trump last week pardoned a criminal corporation, a move that largely flew under the proverbial radar amid his pardon spree for white-collar criminals including at least one of his supporters.
On March 28, Trump pardoned HDR Global Trading, the owner and operator of the cryptocurrency exchange BitMEX; company co-founders Arthur Hayes, Benjamin Delo, and Samuel Reed; and former business development chief Gregory Dwyer.
The company and the four men hads each pleaded guilty to one count of violating the Bank Secrecy Act "by willfully failing to establish, implement, and maintain an adequate" anti-money laundering program, as required by law. In January, the U.S. Department of Justicesentenced BitMEX to a fine of $100 million, while the executives were sentenced to criminal probation and ordered to pay civil fines.
While experts noted that Trump acted within his rights to pardon the corporation, there is no known precedent for a president taking such action.
Trump's corporate pardon sends a clear message: “If you’re a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn’t matter”
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— Rick Claypool (@rickclaypool.bsky.social) April 2, 2025 at 7:18 AM
Noting the U.S. Supreme Court's highly controversial 2010 Citizens United v. Federal Election Commission ruling—which affirmed corporate personhood and the dubious notion that unlimited outside spending on political campaigns is free speech—Stanford Law School professor Bernadette Meyler told The Intercept that "while we have seen the rise of a trend of treating corporations as persons in other areas of law, we haven't seen that so far in the area of pardoning."
Kimberly Wehle, a professor at the University of Baltimore School of Law and preeminent pardons expert, wrote for The Hill on Tuesday that the BitMEX pardons send the message that "companies involved in financial crimes don't have to worry about accountability under this president, as least when it comes to crypto, for reasons that he has no incentive to ever make known."
"BitMEX can continue its prior criminal practices with federal impunity, and maybe even rely on the pardon to thwart future investigations into related conduct by federal lawmakers or state prosecutors," Wehle added. "The biggest losers in this deal are, once again, the American people, including the more than 77 million who might finally be realizing that they voted for lawlessness last November."
"The biggest losers in this deal are, once again, the American people."
Brandon Garrett, a Duke University law professor specializing in corporate crime and punishment, told The Intercept that the BitMEX pardons are part of a wider pattern of impunity under Trump, who "now seems to be systematically pardoning corporate malefactors left and right without respect, really, to any real serious consideration about the merits of the cases [or] the larger policy implications of issuing these pardons."
As the consumer advocacy watchdog Public Citizen recently noted, "The Trump administration has dropped, withdrawn, or halted investigations and enforcement actions against over 100 corporations in its first two months in office."
Beneficiaries include companies owned or led by Trump donors or allies, including private prison giant GEO Group; Zelle network banks JPMorgan and Bank of America; crypto firms Coinbase, Gemini, Kraken, OpenSea, Ripple, and Robinhood; and Elon Musk's SpaceX.
"Trump's corporate pardons show the president's true base is the billionaire executives and corporate elites lining up to indulge their greed at the trough of Trump's corruption," Public Citizen research director Rick Claypool said last week. "Trump's soft-on-corporate crime approach invites a corporate crime spree and potentially catastrophic abuses for America's consumers, workers, and communities."
Public Citizen co-president Robert Weissman added that the Trump administration's "effective no-enforcement policy against corporations virtually guarantees more financial scams, more workplace discrimination, more poisoning of the air and water, more food contamination, more fraud, more disease, and more preventable death."
"Everybody that is in prison now is keenly aware of the environment, and it's become a very hot topic within the low- and minimum-security inmate communities," said a consultant who has advised white-collared convicts.
U.S. President Donald Trump began his second term with a blitz of clemency actions, including issuing pardons and commutations for over 1,500 rioters convicted in connection to the January 6 insurrection at the Capitol and pardoning Silk Road founder Ross Ulbricht, and now the president's "moves to expand the use of pardons have white-collar defendants jolting to attention," according to Tuesday reporting from Politico.
Those reportedly angling for clemency include individuals like jailed crypto titan Sam Bankman-Fried, former Sen. Bob Menendez (D-N.J.) who earlier this year was sentenced to 11 years in prison for corruption and bribery, two reality TV stars guilty of defrauding banks and evading taxes, and a member of the music group the Fugees who was convicted for taking part in an embezzlement scheme.
Sam Mangel, a consultant to people convicted of white-collar crime who has advised individuals like Bankman-Fried, told Politico that "everybody that is in prison now is keenly aware of the environment, and it's become a very hot topic within the low- and minimum-security inmate communities."
According to The New York Times, "The new administration has a team of appointees focusing on the process early in Mr. Trump's term, with a particular focus on clemency grants that underscore the president's own grievances about what he sees as the political weaponization of the justice system."
Accordingly, clemency petitioners are "tailoring their pitches to the president by emphasizing their loyalty to him and echoing his claims of political persecution," per the Times.
For example, a lawyer representing conservative reality TV stars Todd and Julie Chrisley wrote in a document prepared for the Trump administration that the couple's conviction for bank fraud and tax evasion "exemplifies the weaponization of justice against conservatives and public figures, eroding basic constitutional protections."
Some, like Menendez, have made themselves out to be the victims of the "corrupt" justice system.
"President Trump is right," wrote Menendez on X the day he was sentenced to 11 years in prison. "This process is political and has been corrupted to the core. I hope President Trump cleans up the cesspool and restores integrity to the system."
In Trump's first term, his use of clemency was "all about cronyism and partisanship and helping out his friends and his political advisers," Rachel Barkow, a professor at New York University School of Law, told the Times. This time around, "the potential for corruption is higher," she said, "because they're starting early, they have figured out how they want to set it up so that people have a pipeline to get to them."
This shift in Trump's second term includes disempowering the Justice Department's Office of the Pardon Attorney and instead shifting control of the clemency operations to the White House Counsel's Office, according to anonymous sources cited by the Times.
Elizabeth Oyer, who had been the U.S. pardon attorney since being appointed in 2022, was fired last week after she refused to recommend that actor Mel Gibson—who is a supporter of Trump—should have his gun rights restored, according Monday reporting from the Times. Gibson lost his gun rights following a 2011 domestic violence misdemeanor conviction.
In late February, Trump also appointed White House "pardon czar" Alice Johnson. Both the appointment of Johnson and the departure of Oyer, "signal that Trump is not done exercising his clemency powers," according to Politico.
What history teaches should worry us very much.
President Trump’s recent granting of freedom to nearly 1,600 January 6 insurrectionists, followed by other actions fulfilling what the New York Times last week called “his promises to exact revenge on his perceived enemies,” emphasize the ominous portent of an authoritarian regime in the United States.
The history of fascist regimes documents a direct correlation between unleashing political violence and the intimidation, muzzling, arrests and worse of political opponents which leads to securing mass acceptance for repressive policies and governance.
“This is part of his plan,” said Capitol Police officer Michael Fanone who suffered a traumatic brain injury and heart attack after being pulled from the police line, beaten and shocked with a stun gun on January 6, 2021. “The plan is to pardon those on his behalf, because he knows that will send a message to the citizens of this country,” he told MSNBC’s Joy Reid. “If you commit crimes on my behalf, I support you. If you try to prevent me from doing things I want to do, you know what is coming.”
“This is actually about the future, why this is so dangerous,” said podcaster Jon Favreau. “Because now Donald Trump has pardoned all of these right-wing extremists who were armed, who committed violence, who are not apologetic at all, who are not maintaining their innocence either. They’ve said they’re guilty. They’re not apologetic. And now they’re out of prison. And other right-wing extremists who might want to cause violence now know that if you commit violence in Donald Trump’s name, then he’s got your back. And so why wouldn’t they commit violence again?”
While initial outrage focused on the pardons, Trump’s decision to pull security protections for people he has demonized who continue to face death threats, like infectious disease adviser Dr. Anthony Fauci and other moves targeting perceived opponents, underline the stakes. Trump’s “retribution is intended not just to impose punishment for the past but also to intimidate anyone who might cross him in the future,” said the Times calling it a “signal” Trump is “willing to impose potentially profound consequences on anyone he sees as having been insufficiently loyal.”
“We can take this back to 2015, when (Trump) said at his rallies punch them out to people who were protesting, and I’ll take care of your representation. I’ll pay for your lawyers,” noted Sherrilyn Ifill, former president of the NAACP Legal Defense Fund to MSNBC’s Chris Hayes.
Trump’s language in his campaign and first term helped fuel a rise in far-right hate speech that led to vigilante mass shootings at a Pittsburgh synagogue in 2018 and at an El Paso Walmart in 2019 by gunmen influenced by Trump’s violent rhetoric. It was also evident in the 2020 storming of the Michigan Capitol by armed anti-government militia and a plan by one group to abduct Democratic Governor Gretchen Whitmer. That came after Trump encouraged supporters to “liberate” Democratic-led states from Covid-19 safety measures he opposed, and tweeted solidarity with the Michigan militia protesters.
The pinnacle of the violence, of course, was the January 6 insurrection intended to overturn the 2020 election. It emphatically escalated the role of violence to achieve authoritarian rule. That was the danger seen in Trump’s pardons within hours of his inauguration for his second term.
“Now they’re all talking about revenge,” noted Favreau. “Revenge against the people who testified, against the prosecutors, against the judges who put them in prison. And so like when the Proud Boys come to your community and start marching or menacing people or whatever the hell they do, what are the police going to do?”
“Now it’s our turn,” said Proud Boys leader Henry “Enrique” Tarrio, who received the longest riot sentence for mobilizing his right-wing group as an “army” to keep Trump in power through violence after his pardon. Trial evidence showed he and his lieutenants, inspired by Trump’s directive to “stand by” during a 2020 presidential debate, joined what Trump promised would be a “wild” protest on January 6. Similarly, Oath Keepers founder Stewart Rhodes echoed Tarrio, projecting plans for retribution against police witnesses and prosecutors “on up the chain.”
“The most important part of the pardons isn’t specifically who is released from prison, but the meaning of Trump’s gesture: Radical militias are free to act with impunity — as long as they’re loyal to Trump,” wrote Ali Breland in The Atlantic. “After the riot, as law-enforcement agencies began to prosecute those involved, the militias went underground. Political violence, particularly by the right, has been ascendant over the past several years. Now, after the pardons, right-wing extremists no longer have to hide.”
In her book Strongmen: Mussolini to the Present, Ruth Ben-Ghiat, describes the binding of political violence to modern dictatorships, especially in fascist regimes dating to Mussolini’s organization of Fascist Combat Leagues in 1919. It began with assaults and murders on union leaders, socialists, and left-leaning priests in offices, homes, city occupations and ultimately a march on Rome by thousands of fascists and Blackshirt paramilitaries that led to his appointment as prime minister, in what Ben-Giatt called “an elite-approved transfer of power.”
“Fascist violence was neither random nor indiscriminate,” driven by persuading “law and order conservatives and members of the middle class to tolerate fascist violence as a harsh necessity” against disorder or provocation, wrote Robert Paxton in The Anatomy of Fascism. “For some, fascist violence was more than useful: it was beautiful,” he adds, a prescient prediction of Trump’s labeling January 6 a “day of love.”
With Trump’ pardons for January 6, suggested Ifil, “he wants to know he has a kind of army, a group of Brownshirts who will support him, who will show fealty to him to the point of violence,” referencing the most infamous linkage of political violence and fascism — Nazi Germany.
In Hitler’s First Hundred Days, Peter Fritzsche describes the murderous connection. Hitler’s climb also coincided with the formation of a paramilitary organization, the Sturmabteilung (SA), or Brownshirts that carried out his ideological mission of revenge, including physical assaults on those he blamed for Germany’s defeat in World War I, mainly Communists, the Social Democratic Party (a party similar to the centrist Democrats of today in the U.S.), and Jews.
Through street violence against his enemies, the Nazis and SA created an atmosphere of disruption and chaos that, accompanied by an economic collapse in a global depression, produced a desire for political change and distrust in democracy and traditional parties by ordinary Germans.
By 1932, the Nazis had become the top party in the parliamentary elections. But they were eroding support in January 1933 when the then-ruling rightwing nationalist, monarchist parties and leaders, like President Paul von Hindenburg, that also hated the left and Social Democrats, agreed to appoint Hitler chancellor. They believed it “was the only way to establish an authoritarian state” they also favored, writes Fritzsche, thinking they could control him, as many traditional Republicans believed of Trump prior to his first term. It was a catastrophic miscalculation. “It took a long, long time when Germany was already in ruins, for conservatives to understand that they had made a pact with the devil in 1933,” Fritzsche observes.
Like Mussolini before him, Hitler saw physical coercion as central to eliminating his political opposition and helping achieve acceptance of the then majority of non-Nazi supporting Germans. Almost immediately the Brownshirts escalated street attacks to “settle the score,” as one put it, on those deemed as, in words Trump would emulate in 2024, “the enemy from within.” In a February 1933 speech, Hitler declared, “there can be only one victor: either Marxism or the German Volk (people).”
“The Nazis won support because of their militance,” says Fritzsche. “By launching furious, uncompromising attacks on the ‘system’ and physically engaging their enemies, they dramatized the combustibility of the present. … and opened the way to the future. “I want no softies in my movement, I want fanatics,” Hitler told a reporter for the UK Daily Mail, yet another similarity to Trump’s opinion of conservatives, including his own Cabinet appointees, who failed to show unquestioned loyalty to him.
Just weeks after Hitler’s appointment, a massive fire consumed the Reichstag, Germany’s legislative building, akin to the U.S. Capitol. Hindenburg declared a state of emergency, convinced by Hitler and his rightwing coalition allies that Communists were to blame for the fire as a step toward insurrection, though many still believed the Nazis orchestrated it. The order “symbolized the death of representative government and the rule of law,” writes Fritzsche, followed by federal decrees that suspended civil liberties, expanded protective custody and sanctioned the removal of state governments.
The SA Brownshirts, who “sustained the extraordinary energy of the Nazi movement” were deputized by the government as auxiliary police. They now had unlimited power to break up opposition meetings, shut down opposition parties and newspapers, and assault political opponents. Thousands were arrested, mostly Communists initially, then Social Democratic leaders. Home raids, arbitrary arrests, torture of prisoners and prolonged periods of incarceration created fear and widespread disquiet and reinforced a growing sense of national emergency especially heading into new elections in early March.
The violence coincided with other Nazis tactics to build their power in the election turning the election to a victory plebiscite. They exploited state resources, including domination of the media and national festivals, depicted their role as savior of the nation, and “presented themselves as the guardians of a sound moral order threatened by ‘Marxists’ and Jews’.” Immediately after the election, the SA “instigated a reign of terror wrecking trade union and Social Democratic offices, occupying city halls,” and escalated virulent attacks on Jewish shops, synagogues, and street beatings of individual Jews.
By Day 34 of Hitler’s reign, executive power passed almost completely into the hands of the Nazis, and enabled the Nazis to “consolidate one party rule.” The Communists were the first targets, “but all independent political organizations were eliminated or coordinated in the months to come,” Fritzsche notes.
Through the Spring of 1933, the Nazis engineered acceptance by a majority of the German people with a collective conformity, also based on opportunism, patriotic fervor and the far-right nationalist ideology they had long fostered, including racism and antisemitism.
Contrived fears that “the German people were about to perish” at the hands of Communists and Jews, offers a chilling parallel to the white nationalist Great Replacement conspiracy theory, and Charlottesville neo-Nazi and KKK marchers chanting “Jews will not replace us.”
“Coercion always accompanied consent,” says Fritzsche. Ben-Ghiat draws a similar outcome with fascist Spain under Gen. Francisco Franco, quoting philosopher Jose Ortega y Gasset who said: “the threat in my mind of an eventual violence, coercion, or sanction that other people are going to exercise against me” bred conformity.
“Social Democrats believed they could not compete, they could pick up after the Nazis had bankrupted themselves and could act in the future, but not in the present. But the popularity of the Nazis was such that the future kept slipping away, and the pieces the socialists finally did pick up in the late 1940s were destroyed cities and millions murdered,” Fritzsche concludes.
That should be a warning to all elected officials, corporate CEOs, major media, community organizations and anyone else rolling over and seeking to align with Trump and his MAGA policies.
Hitler had no intention of giving up power. “I’m never leaving here” he said a week after moving into the chancellery. ”We have power and we’re going to keep it.” Top Nazi Hermann Goering echoed Hitler, predicting the March 5 election “would surely be the last for ten years or even a hundred years.”
“In four years, you don’t have to vote again,” Trump famously said to supporters last July. “Success is going to be retribution,” Proud Boys leader Enrique Tarrio told conspiracy monger Alex Jones after his release. “We’ve got to do everything in our power to make sure that the next four years sets us up for the next hundred years.”"This move not only erases accountability for one of the darkest days in our nation's history but also emboldens far-right extremists and grants them free license to continue their ideological reign of terror," said one critic.
Democracy defenders on Monday night swiftly condemned U.S. President Donald Trump's decision to pardon roughly 1,500 insurrectionists who stormed the Capitol on January 6, 2021 and commute the sentences of some others.
The widely anticipated move, which Trump made with television cameras in the Oval Office, came just hours after he returned to power on Monday afternoon—despite being convicted of 34 felonies in New York last year and facing various other legal cases, including for his attempts to overturn his 2020 loss to Democratic former President Joe Biden that culminated in inciting the 2021 Capitol attack.
"Just hours after promising to bring 'law and order back to our cities,' Trump pardoned more than a thousand January 6th rioters and put violent offenders right back in our neighborhoods—people who assaulted police officers, destroyed property, and tried to overturn our freedom to vote," said Sean Eldridge, president and founder of the progressive advocacy group Stand Up America, in a statement.
"By giving January 6th rioters a free pass, Trump is rewarding political violence and making all of us less safe," he continued. "No one should be above the law in the United States of America, and our first responders and the American people deserve better than this."
Joseph Geevarghese, executive director of the grassroots progressive political organizing group Our Revolution, said that "Trump's pardons of January 6 rioters, including those convicted of violence against law enforcement, mark a grave and unprecedented attack on the rule of law and American democracy. This move not only erases accountability for one of the darkest days in our nation's history but also emboldens far-right extremists and grants them free license to continue their ideological reign of terror."
"These are not patriots, these are traitors who will now be free to recruit others into what Trump views as his own personal militia," he asserted. "By granting clemency to these individuals, who sought to overturn the peaceful transfer of power, Trump is signaling that political violence and the rejection of democratic norms are acceptable tactics in service to his authoritarian agenda. This is a direct threat to the foundations of our democracy and the safety of our communities."
Lisa Gilbert, co-president of watchdog Public Citizen, said that "it is perhaps on-brand that Donald Trump has kicked off his second term with an assault on our democracy, just as he ended his first term."
"This isn't just about degrading the U.S. Constitution and the rule of law in theory, his disgraceful actions here send a message that political violence is acceptable, so long as it is in support of him and his pursuit of unchecked power," she continued. "We intend to fight against these types of abuses over the next four years to maintain the integrity of the rule of law."
Accusing the Republican of "condoning insurrection," Common Cause president and CEO Virginia Kase Solomón similarly warned that "this will not be the last time President Trump attacks democracy" and vowed that her organization stands "ready to defend it."
During the insurrection, Kase Solomón said, "people died and more than 140 law enforcement officers were injured protecting members of Congress from the attack that followed. These deaths and injuries should not be in vain. To pardon those involved is a blatant and dangerous abuse of power."
"Trump was charged with multiple crimes for his attempts to overturn the 2020 election which ended in the insurrection at the Capitol," she noted. "Only his reelection, coupled with an extremely misguided ruling from the Supreme Court on presidential immunity, allowed him to escape trial. In pardoning those who attempted to violently overturn the election and invalidate 80 million votes, Trump is showing his contempt for our justice system and our democracy."
Noah Bookbinder, a former federal prosecutor who is now president of the watchdog Citizens for Responsibility and Ethics in Washington, warned that "giving a pass to those who participated, all of whom were convicted after trial with ample evidence and process or pleaded guilty to crimes, sends a message that the right of the people to choose our own leaders no longer matters because the results can merely be overturned by force."
"And," he said, "it raises a terrifying question: What happens if Trump doesn't want to leave the White House at the end of his term?"
Trump commuted the sentences of Jeremy Bertino, Joseph Biggs, Thomas Caldwell, Joseph Hackett, Kenneth Harrelson, Kelly Meggs, Roberto Minuta, David Moerschel, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Stewart Rhodes, Edward Vallejo, and Jessica Watkins. The others—whom Trump called "hostages"—received "a full, complete, and unconditional pardon."
"I further direct the attorney general to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021," Trump's order said. "The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive."
Shortly before leaving office on Monday, Biden issued a final wave of pardons, including for members of the U.S. House of Representatives select committee that investigated the insurrection. The Democrat said that he could not "in good conscience do nothing" to protect them and the pardons "should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense."
This post has been updated with comment from Citizens for Responsibility and Ethics in Washington.
"Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances," said the outgoing president.
This is a developing news story... Please check back for possible updates...
In the final hours of his presidency, Joe Biden on Monday issued preemptive pardons to a number of current and former lawmakers and public officials whom President-elect Donald Trump has attacked.
Those pardoned include Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases; Mark Milley, former chairman of the Joint Chiefs of Staff; and members of the House select committee that investigated the January 6, 2021 insurrection incited by Trump, who has pledged to pursue retribution against his political opponents.
"The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense," Biden said in a statement. "Our nation owes these public servants a debt of gratitude for their tireless commitment to our country."
"These are exceptional circumstances, and I cannot in good conscience do nothing," the outgoing president continued. "Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances."
Biden has made sweeping use of his clemency powers in the final days of his White House term, commuting the sentences of thousands of people convicted for nonviolent drug offenses and almost completely emptying federal death row.
But Biden has not granted clemency to several high-profile individuals whose causes progressive lawmakers and human rights organizations have championed, including Charles Littlejohn—a former IRS contractor serving a five-year prison sentence for leaking the income tax records of thousands of rich Americans, Trump among them—and Steven Donziger, who faced an unprecedented legal assault led by Chevron after he helped secure a historic settlement against the company over oil dumped in the Amazon rainforest.