Proc. 10887: Granting Pardons And Commutation Of Sentences For Certain Offenses Relating To The Events At Or Near The United States Capitol On January 6, 2021

Executive Order 10887 implements three primary actions regarding January 6 Capitol defendants:

Key Provisions

1. Sentence commutations for 14 high-profile defendants including Oath Keepers founder Stewart Rhodes and Proud Boys leaders Ethan Nordean/Joseph Biggs, reducing their punishments to time served as of Inauguration Day 2025.

2. Blanket pardon for all other individuals convicted of January 6-related offenses, with immediate release ordered for those still incarcerated.

3. Case dismissals requiring the Attorney General to drop all pending January 6 prosecutions “with prejudice” (permanent dismissal).

Constitutional Analysis The order invokes Article II presidential powers that have established precedent:

• Presidents hold unreviewable pardon authority for federal offenses (Supreme Court precedent in Ex parte Garland)
• Commutations/pardons require no congressional approval
• “With prejudice” dismissals fall under prosecutorial discretion

Contextual Considerations Controversial elements despite legal authority:

• Pardons apply to convictions for seditious conspiracy (Rhodes/Meggs) and assaulting police (Pezzola)
• “National injustice” framing contradicts federal court rulings that validated prosecutions
• Immediate prisoner releases would bypass standard DOJ review processes
• Dismissals “with prejudice” would permanently bar retrial even if new evidence emerges

Implementation challenges could include:

• Logistical coordination between BOP/DOJ for mass releases
• Potential state-level charges for some defendants (presidential pardons only apply to federal crimes)
• Civil liability remains unaffected by criminal pardons

This use of executive clemency power represents one of the broadest applications in modern history regarding defendants convicted of attacking democratic institutions.

REFERENCES

• 2025-02-17: Jan. 6 Rioters Argue Pardons Apply to Charges Including Murder Plot, Child Porn - WSJ - This article discusses how pardoned Jan 6 defendants are now arguing the presidential pardon should extend beyond Capitol riot charges to other crimes discovered during investigations, including murder plots, illegal weapons, and child pornography. Some defendants are publicly naming prosecutors and officials involved in their cases, raising safety concerns. Several have had new confrontations with law enforcement, including one fatal incident, while others seek to have unrelated criminal charges dismissed by claiming they’re connected to Jan 6 investigations. The pardoned defendants are targeting both prosecutors and correctional officers - specifically, they’ve compiled lists of 124+ officials involved in their cases and shared them publicly on X (formerly Twitter). Some are accusing DC jail guards of abuse and corruption, posting their names and LinkedIn profiles. One post about jail workers was reshared by a Proud Boys chapter with threatening messages. The DC Department of Corrections says these allegations are being reported to authorities.
• 2025-01-30: 🎧 📰 Jan. 6 rioters pardoned by Trump had criminal records : NPR (Archive Link)