On his first day in the White House, President Donald Trump signed executive orders that began the speech Minor complaints from Radical changes in American democracy. But one of the actions that stood out in particular was his Decision to issue pardon and commutation For the people – more than 1,500 – charged with crimes after involvement in the rebellion on January 6, 2021.
At best, these pardons condone the violence that took place on January 6 and, at worst, encourage such violence in the future by promising pardons to insurgents.
And since that day some organizers and rioters have been charged with low-level crimes like trespassing, while others have faced more serious charges. An example is Enrique Tarrio, former leader of the right-wing militant group Proud Boys. who was sentenced to 22 years in prison Imprisoned for seditious conspiracy and other offenses but now free. Trump too Changed the sentence Other members of extremist, far-right groups that promote political violence.
The deadly attack on the US Capitol on January 6, 2021 was a serious threat to our democracy – the direct result of a sitting US president refusing to accept a clearly lost election. It insulted the tradition of peaceful transfer of power that Americans believed was a guarantee. And now, its participants are off the hook.
Trump’s pardon is paradoxical. The January 6 uprising was a disturbingly undemocratic act, and yet Trump returned to power and pardoned the rebels in a democratic way. If anything, this is an (unfortunate) example of how the pardon power has its own kind of democratic legitimacy. Ultimately, Trump’s decision to release from prison those who rioted in his name — as he repeatedly said he would do during the campaign — represents the ultimate rewriting of what the electorate voted for and, as such, the history of January 6, which the country is willing to forget, at least for now. .
Like it or not, Trump’s pardon was a democratic exercise
Forgiveness is so important because it is a democratic tool that people can use.
For the most part, the public has little say when federal courts make bad decisions. One exception is the pardon power, which allows voters to prevent convictions or criminal cases they believe are wrongful by electing a president who thinks so and promises to take action. Whether these are real or perceived instances of injustice is not the point – just because the public wants something, doesn’t make it right. The point is that the pardon power introduces public accountability into the criminal justice system.
For example, on his first full day in office, President Jimmy Carter forgiveness Hundreds of thousands of Americans who avoided the draft during the Vietnam War, Fulfilling campaign promises which reflected the changing mood of Americans about the war. Other presidents, most recently Joe Biden And Barack ObamaUsed amnesty to represent a change in public attitudes by granting pardons, for example, to people convicted of nonviolent drug charges.
In the same vein, Trump’s pardons for those who participated in the Jan. 6 attack on the Capitol reflect public opinion, even if they are self-serving. After all, Trump’s actions on Monday didn’t come as a surprise; Throughout his 2024 campaign, Trump promised to pardon rioters (although he often dodged the question of whether he would pardon those who attack law enforcement officers, and his campaign said at one point that a decision on whether to pardon would be made). on a case-by-case basis). He called those who were found guilty “Political Prisoners“Many of whom, he said, An “apology” is deserved. Americans voted for him anyway.
This does not mean that Americans support these pardons. A vote of DecemberFor example, showing that most Americans actually oppose them. But since Trump has made no secret of his intentions, the pardon-denying spot returned to the ballot box in November — and the electorate made it clear that this was a line Trump could indeed cross.
This distinguishes it from other examples of presidents who have routinely abused pardons to advance their own corrupt interests with zero input from the public. Trump in his first term Forgave his friends and his son-in-law’s father To help himself, for example, and Biden pardoned members of his own family. These were all activities that Americans had no chance to consider. This time, however, the public knew what they were likely to get.
So the Jan. 6 pardon allows Trump to minimize the damage he did four years earlier — making the attack on the U.S. Capitol a pardonable crime, which he claims the Justice Department unfairly prosecuted — the fact that Trump pardoned the defendants on Jan. 6 was a signature. Campaign promises and winning the presidency make this act of pardon a more democratic exercise than his previous actions.
Apologies Rewrite of January 6
Even if the pardons are flawed or even dangerous — a move that shows tolerance for right-wing political violence and perhaps emboldens marginalized groups — they represent a public ready to move on from an attack on the Capitol as if it were another political one. protest As shown in the public vote As the years went by, Americans softened their stance on January 6, with a growing number of respondents seeing it as a more peaceful event than they originally thought and believing that the punishments were too harsh. And by electing Trump in November, a majority of voters seem ready to forget January 6 or change the historical record — perhaps remembering it as a show of noble patriotism as opposed to a violent attack. their government.
That’s what Trump’s pardon is all about: a final rewrite of the Jan. 6 right. They cannot be undone, meaning the possibility of ensuring full accountability for the events of the day is all but defeated.
There is certainly something perverse about all this – that a profoundly undemocratic event, an attempt to overturn an election, is now being rewritten in a democratic way. But that’s not the fault of the pardon power, which remains an important tool that presidents should use. Instead, critics of Trump’s decision have only this to reckon with: The election has consequences, and this is just the beginning.
