Leading Republicans oppose pardoning violent January 6 criminals

Plus, poll results on broad public disapproval of January 6 pardons

January 6 was not, as President Trump would have the public believe, a “day of love.” It was a day of shocking violence at the U.S. Capitol when participants assaulted approximately 140 police officers, according to a bipartisan Senate report. Seven people died in connection to events that day, not including two Capitol police officers who later committed suicide.

As part of his attempt to rewrite this history, Trump has repeatedly stated that he plans to pardon those convicted of crimes related to the January 6 riot. Trump’s past and promised pardon abuse, as with his “henchman pardons,” is a perversion of the intended purpose of the pardon power, which was designed to advance the public interest. He is transforming it as an exercise in self-dealing and to license for future law-breaking when it serves his interests.

Pardons for the violent criminals would be plainly dangerous, which Trump has refused to rule out. Should Trump go through with doing so, such pardons would represent the most extreme example of Trump’s past and promised pardon abuse to date.

Read more: The self-pardon question is coming.

As of January 4, 2024, 1,265 people had been charged in connection with the January 6 riot at the U.S. Capitol. Of these, more than a third have been charged with assaulting, resisting, or impeding officers or employees, and nearly a tenth have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer. Fourteen have been convicted of seditious conspiracy for organizing the violence as members of violent militias. Two hundred more cases presented by the FBI have yet to be charged.

As many supporters of President Trump seem to recognize, pardoning hundreds convicted of assaulting law enforcement and other acts of violence would be profoundly unwise.

In a YouGov survey commissioned by United to Protect Democracy, 77% of voters in the top 43 congressional battleground districts opposed pardons for those convicted of assaulting police officers, including 57% of Republicans and 63% of current military and veterans. 78% opposed pardons for those convicted of using a deadly or dangerous weapon, including 59% of Republicans and 70% of current military and veterans.

This posture is reflected in comments Vice President-elect J.D. Vance made over the weekend on Fox News Sunday: “If you committed violence on that day, obviously you shouldn't be pardoned.”

Vance did go on to say he believed there is “a little bit of gray area” when it comes to violent crimes and that people “were prosecuted unfairly” and “we need to rectify that,” but there does appear to be a line that even Trump’s Vice President would like to draw.

Here is what some prominent Republican Trump supporters and others who are inclined to support his agenda said about pardoning rioters after Trump issued his blanket pardons upon taking office:

• Sen. Thom Tillis (R-N.C.): “Police officers could potentially be assaulted and there’s no consequence… I think that it raises, I think, a legitimate safety question here on Capitol Hill.”

• Sen. Mitch McConnell (R-KY): “Well I think I agree with the vice president,” said McConnell, referring to earlier comments made by JD Vance that violent offenders shouldn’t be pardoned. “No one should excuse violence. And particularly violence against police officers”

• Sen. Susan Collins (R-ME): A “terrible day for our Justice Department.”

Here is what some other prominent Republican Trump supporters and others who are inclined to support his agenda said about pardoning rioters prior to January 20, 2025, in no particular order:

• Rep. Gus Billrakis (R-Fla.): "Again, I'd have to look at the scenario, but if they attacked the U.S. Capitol Police, it's a big problem."

• Rep. Dusty Johnson (R-S.D.): “People who attacked police officers, listen, I don’t think that is something we should ever condone.”

• Rep. Mike Lawler (R. - N.Y.): “The reality is that if somebody engaged in violence at the Capitol on January 6th they should deal with the consequences of that.”

• Rep. Jim Jordan (R-Ohio): Per Associated Press, Jordan “draws a distinction” among the pardons. "For people who didn't commit any violence, I think everyone supports that. I think that makes sense."

• Sen. Bill Cassidy (R - La.): “He said he would pardon some of them. I don’t know what ‘some of them’ means.” “I’m suspecting he’s putting something in there for people whose actions were more egregious, but we’ll have to wait and see.”

• Gov. Kristi Noem (R - S.D.): “We can’t have a blanket approach. I would say each one of those cases needs to be looked at specifically.”

• Mick Mulvaney (former Trump Administration Dir. of OMB): “Don't do a blanket clemency to pretend like January 6th didn't happen, there were clearly people doing the wrong thing on January 6th who should be in jail. And I think that the president should take it on a case-by-case basis and not try and sweep it under the rug.”

• Brad Todd (Republican strategist): “I think if he were to pardon Stewart Rhodes or Enrique Tarrio or any of the instigators... I think those pardons will be controversial and they should be."

• Wall Street Journal Editorial Board: “Pardoning [those who pled guilty to assaulting police] would contradict Mr. Trump’s support for law and order, and it would send an awful message about his view of the acceptability of political violence done on his behalf. That’s what Jan. 6 was, make no mistake.”

• N. Y. Post Editorial Board: “If Republicans mean to remain the party of law and order, the blanket clemency that President-elect Donald Trump has floated is the wrong way to go: The new Justice Department and/or White House lawyers need to do a case-by-case review.” “Free the true innocents, and the badly overcharged; but true justice must be served — and genuinely wrongful actions must have consequences.”

• Sen. Josh Hawley (R-MO): “For those kind of folks who in their defense was, ‘I didn’t realize, I thought the Capitol was open. The Capitol’s a public building; we were not the first ones in,’” pardons or commutations would be appropriate, Hawley told USA TODAY. “I’m against it for people who assaulted cops, threw stuff at cops, broke down doors, broke windows."

• Sen. Katie Britt (R-AL): “I agree with JD."