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Pardons could be coming for Jan. 6 rioters
Clip: 1/6/2025 | 5m 22sVideo has Closed Captions
Interview: Ron Chen, professor of law at Rutgers University
On Monday we saw, once again, the peaceful transfer of power that marks the most critical tenet of our democracy. Four years ago today, many lawmakers doubted whether that peaceful transfer would occur, as rioters took over the capitol, leaving leaders from both parties scared for their lives.
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NJ Spotlight News is a local public television program presented by THIRTEEN PBS
NJ Spotlight News
Pardons could be coming for Jan. 6 rioters
Clip: 1/6/2025 | 5m 22sVideo has Closed Captions
On Monday we saw, once again, the peaceful transfer of power that marks the most critical tenet of our democracy. Four years ago today, many lawmakers doubted whether that peaceful transfer would occur, as rioters took over the capitol, leaving leaders from both parties scared for their lives.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorshipToday we saw once again the peaceful transfer of power that marks the most critical tenant of our democracy.
Four years ago today, many lawmakers doubted whether that peaceful transfer would occur as rioters took over the Capitol, leaving leaders from both parties scared for their lives.
Many of those disruptors have since been charged, even sentenced, for felonies and other violations of the law.
But president elect Trump has promised to pardon many of those serving jail time who he calls hostages.
Joining us now to talk about what that could look like and the potential implications is Rutgers Professor of Law Ron Chen.
Ron, it's great to have you with us tonight.
I want to just break down the numbers a little bit more.
We know that so far, about 1100 people have been sentenced, 667 of them sentenced to jail time, about 145, I believe, to home detention.
What can you tell us about the range of charges that we saw come out of this January 6th day?
Well, they range from relatively, low level offenses that maybe disturbing the peace.
Obviously, those that involved assault and end of the person, including law enforcement officers, are much more serious.
The most serious and one person who was given a sentence of 22 years, I believe, which is conspiracy to essentially commit, commit sedition.
So that was obviously a very, very serious sentence.
And there's a few others that are near that, but not quite at that level.
We know that presidents are given pardon power.
Many of them use it.
We saw President Biden just pardoned his own son on three felonies and six misdemeanor counts of tax fraud.
What are are there any limitations on who, president elect Trump could pardon when he takes office?
Well, constitutionally, the the president's power to pardon, offenses against the United States is absolutely.
And really, there can there is no restriction other than prudence and discretion and good judgment that that, for that limitation, there have all in the past 100 years been developed criteria that are you can see them on the Department of Justice website under the office of the pardon the tyranny of criteria that the Department of Justice uses in recommending pardons to the president.
And that is almost always the way that, pardons are granted by the president through the office of the attorney.
But he is not limited by that.
He can grant a, a pardon outside that process, although, in the past, usually that has not happened.
Among the criteria that is used is acceptance of responsibility, remorse and atonement.
So I'm not sure under the current circumstances whether that is going to be part of the reason why, president elect grants the pardons to the January 6th, defendants.
We know that, Brian Sicknick, new Jersey native who was a Capitol Police officer, was pepper sprayed on that day.
He died a day later.
The person who pepper sprayed him was sentenced to six years.
He could conceivably be among those who, would be pardoned.
We don't know yet what President Trump, president elect Trump will do.
But but I just have to ask you, you know, we see this really not on the radar of many Americans anymore.
Most are not really concerned about it.
It seems many, more than 50% reelected, president elect Trump.
What does that signal to you?
One about the priorities of the American people and to perhaps about their views of the, U.S. Justice Department?
Well, let me address that latter, because those of us as a lawyer, as a law professor, I'm obviously the I have a professional commitment, to, the integrity of our justice system.
And I am concerned that the faith in the integrity of our judicial system has been shaken recently by recent events.
And I would want to do everything I can to, restore that faith in the justice system if restoration is indeed needed.
I mean, it's not for me to advise the American people as to what they should be topping their list of priorities or not.
And I realize a lot of things go into an election, but hopefully one of them is not a, due to a lack of confidence in the justice system.
But, I will admit there are reasons to believe that confidence has been shaken.
And I personally think that there is not I mean, there's a lawyer win cases, I lose cases.
I obviously disagree sometimes with the result I get to particular case, but the overall belief in the overall integrity of the system, I think is a foundational problem which our nation has built.
Yeah, that's that's all the time we have.
Ron Chen, professor of law at Rutgers University, thanks for being with us tonight.
My pleasure.
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