New report suggests Trump would not be able to pardon Jan 6 rioters even if he wins in November

Former President Donald Trump’s promise to pardon supporters involved in the January 6 Capitol attack may not hold up if he returns to the White House, according to a report by Protect Democracy. The report, titled “Checking the Pardon Power: Constitutional Limitations & Options for Preventing Abuse,” outlines scenarios where a presidential pardon would not be valid.

Trump has been vocal about freeing Capitol rioters, including those convicted of assaulting police officers during the insurrection. He has referred to them as “horribly treated” and “political prisoners” persecuted for their support of him. However, legal experts and activists are concerned about the potential abuse of the president’s pardon authority.

During his first term, Trump used pardons to reward loyal supporters and allies who refused to cooperate with criminal investigations. The report’s author, Grant Tudor, highlighted the court’s ability to place restrictions on the president’s pardon power. In a landmark case, the Supreme Court ruled that a pardon must be accepted by the recipient to be effective.

Tudor also pointed out historical restrictions on the royal prerogative of mercy in English law, suggesting that pardoning January 6 rioters could violate constitutional constraints. He emphasized the unprecedented nature of a president pardoning individuals involved in an insurrection led by the president himself.

The report raises questions about the limits of presidential pardon power and the potential implications of Trump’s promises to supporters. As the debate continues, legal experts and activists are closely monitoring the situation to ensure accountability and uphold the rule of law.