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:

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).

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

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.

ACTIONS

• 2025-03-03: Top FBI official forced out after criticizing Trump pursuit of agents who investigated Jan. 6 — James Dennehy, head of the FBI’s New York Field Office, was forced to retire after criticizing the Trump administration’s request for names of agents who worked on January 6 cases. Dennehy had urged colleagues to “dig in” against the administration’s actions, leading to his ouster one month later.

REFERENCES

• 2025-03-17: Trump declares Biden’s January 6 pardons ‘void’ and vows investigation of committee members | Irish Star — The “Pardons” that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen. In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime. Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level. The fact is, they were probably responsible for the Documents that were signed on their behalf without the knowledge or consent of the Worst President in the History of our Country, Crooked Joe Biden!
• 2025-02-23: Ex-Proud Boys leader denies sending bomb threat targeting center-right event — A bomb threat disrupted the Principles First Summit in Washington DC on February 23, forcing a two-hour evacuation after organizers received an email from “Enrique T.” threatening four pipe bombs targeting the venue, Michael Fanone’s mother’s mailbox, and John Bolton’s residence. The threat came just days after former Proud Boys leader Enrique Tarrio, who was recently pardoned by Trump from a 22-year seditious conspiracy sentence, was arrested for allegedly assaulting a protester at the Capitol and had confronted summit speakers including Capitol Police officer Michael Fanone.
• 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 — Trump’s blanket pardons for January 6 Capitol riot participants included dozens of individuals with extensive criminal histories, including convictions for rape, sexual abuse of minors, domestic violence, manslaughter, and production of child sexual abuse material. While Trump claimed individual case review would be “cumbersome” and sentences were excessive, his pardons only applied to Capitol riot-related charges, leaving many defendants still facing unrelated criminal proceedings. Notable examples include Theodore Middendorf (convicted of sexually assaulting a 7-year-old), Peter Schwartz (38 prior convictions including domestic violence), David Daniel (facing child pornography charges), and others with histories of violent crimes. Some pardoned individuals, like Matthew Huttle (who had abused his 3-year-old son), continued their criminal behavior after January 6, with Huttle being fatally shot by law enforcement shortly after receiving his pardon.