In the final weeks of his tenure, former President Donald Trump asked several of his advisers about pardoning individuals who were involved in the January 6 Capitol attack.
In an article that was published on Wednesday, former advisers to the ex-president spoke to Politico about Trump’s mindset during his final days in office. The advisers were granted anonymity in the article.
One adviser said that Trump asked a variety of questions on issuing a blanket pardon to his loyalists who breached the U.S. Capitol building shortly after the attack.
“Do you think I should pardon them? Do you think it’s a good idea? Do you think I have the power to do it?” Trump asked the advisor.
Another adviser told Politico that Trump asked questions about how individuals who were involved in the Capitol breach might be prosecuted. He also wanted to know if pardoning hundreds of his loyalists could potentially work to his advantage.
“He thought if he could do it, these people would never have to testify or be deposed,” that adviser said.
Other White House advisers pointed out that a blanket pardon might not be appropriate, given that no one had been formally charged for their involvement in the attack at the time. Some, including White House counsel Pat Cipollone, allegedly threatened to leave the administration out of protest if Trump issued the pardons.
The revelation that Trump was thinking about handing out pardons to hundreds of his loyalists after they attacked the Capitol comes days after the former president said he might pardon the Capitol attackers if he is elected president in 2024.
Although he hasn’t yet made a formal campaign announcement, Trump said last Saturday at a rally in Conroe, Texas, that he might pardon his loyalists if he ever reenters the White House as commander in chief.
“So many people have been asking me about it,” Trump said at the rally. “If I run and if I win, we will treat those people from January 6 fairly.”
If that “requires pardons, we will give them pardons,” Trump added.
Members of the House select committee investigating the Capitol attack have suggested that Trump’s comments may have violated the law. Rep. Pete Aguilar (D-California), for example, said that Trump is “absolutely” engaging in witness tampering by encouraging his supporters who are facing charges not to cooperate with the inquiry, and by suggesting that they will be pardoned if he is elected for a second time.
The U.S. Constitution contains very few guidelines, if any, on issuing a presidential pardon, and there isn’t any congressional or judicial oversight on the matter.
Within the first two years of Trump’s presidency, the former president issued 11 pardons and commutations. Meanwhile, current President Joe Biden hasn’t issued a single pardon or commutation since becoming president — and there hasn’t been any indication that he plans to pardon anyone by the end of this year, despite the fact that his administration said that it was evaluating clemency requests last August.
Last fall, the White House vowed to create an equitable pardoning process in the future. But it’s taking too long, says Nkechi Taifa, head of Justice Roundtable, a coalition of more than 100 organizations seeking to reform the federal criminal legal system.
“Their rhetoric says that they understand what we’re saying, and that they’re working on it…If it’s going to take this long for a first step, how long is it going to take for the rest?” Taifa said in December.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy