While Trump has remained largely silent on the details of the plan, his transition team, lawyers and legal experts involved in the Jan. 6 trials have signaled that they expect at least some of the 1,500 defendants facing charges to receive release.

Trump spokeswoman Karoline Leavitt, who is the president-elect’s White House press secretary, said in a statement to Trump: Washington Comptroller He said Trump will “make pardon decisions on a case-by-case basis.”

Meanwhile, Trump himself promised that “the majority” of the defendants, whom he described as “hostages”, would receive amnesty.

Conservative attorney Andy McCarthy, a former federal prosecutor, said: Washington Comptroller He said that he expects the process to be carried out through the Amnesty Prosecutor’s Office of the Ministry of Justice. But he added that Trump’s attorney general could make “different arrangements.”

Trump will have the power to grant unilateral pardons when he takes office, but the Justice Department’s pardon office generally reviews pardon applications submitted by people convicted of crimes before the president grants pardons.

The president-elect has repeatedly made broad promises to grant pardons to many of the defendants, expunging their convictions or guilty pleas and restoring any civil rights they lost as a result of their crimes. Trump could also commute the sentences of people still in prison or instruct prosecutors to drop charges against people who have not yet gone to trial.

by numbers

Among those facing charges, the Justice Department secured criminal charges or convictions of approximately 1,229 defendants who breached the Capitol to protest the 2020 election results.

Nearly 200 people pleaded guilty to assaulting police officers during the incident. A Senate report to create He said some officers suffered brain injuries, broken ribs and chemical burns. While one of the police officers lost an eye, the other was stabbed.

Dozens of defendants were also accused of stealing or destroying government property.

The Justice Department has secured 10 convictions on rare seditious conspiracy charges, and the defendants, most of whom are members of the far-right groups Proud Boys and Oath Keepers, are all serving prison sentences lasting years.

Meanwhile, hundreds of people have pleaded guilty to misdemeanors that typically include minor trespassing violations.

What do the defendant’s lawyers say?

Thomas Osborne, who was indicted this year on four counts of disorderly conduct related to the riot, asked the court to postpone his trial in anticipation of a pardon.

His lawyer, Jeffrey Brown, wrote in his request for a postponement that he learned from a Trump official that his client’s pardon was likely.

“The undersigned has met with a senior member of the future Trump Administration and it is almost certain that Thomas Osborne will receive a future pardon,” Osborne’s attorney wrote.

The lawyer argued that it took three years for the Justice Department to charge his client and that the least the court could do was to pause court proceedings for three months. Judge Amit Mehta, appointed by Obama, rejected this request.

During the riot, Osborne grabbed a police officer’s baton after the officer used it to push him back, according to court records. Prosecutors requested that Osborne be held in custody until his trial because they found an “incredible” number of loaded weapons in his home, including rifles, a shotgun, a handgun and several handguns. Mehta denied the request and authorized Osborne’s personal release.

Court records show that Isabella Maria DeLuca, a Trump-supporting social media influencer, is an example of a defendant who mingled with activists who breached the Capitol but was not violent.

His lawyer Anthony Sabatini said: Washington Comptroller He said he and all other defendants should see “zero” consequences for their actions on January 6.

DeLuca was seen on camera with his hand on the table as people pushed him out of the broken window of the Capitol building. He faces misdemeanor charges of theft of government property, disorderly conduct and trespassing in a restricted area.

“The entire process, investigation and prosecution, was based on bias against the ideological leanings of the protesters,” Sabatini said. “Therefore, the only way to fix the whole situation is to erase it through amnesties.”

Sabatini said DeLuca is asking for his case to be dismissed rather than pardoned because he is among those who have not yet gone to trial.

Like other lawyers, Sabatini is on a limbo as he awaits clues from the incoming Trump administration on how to seek help for his clients. Bill Shipley, an attorney who represents dozens of Jan. 6 defendants, said: Washington Comptroller He said he has instructed his willing clients to have “some patience” while the process continues.

Rachel Powell of Pennsylvania was sentenced to nearly five years in prison last year after being convicted of assaulting officers and attacking a Capitol window with an ice axe. Powell’s three daughters recently said CNN said they were confident Trump would pardon him.

“He’ll stick to what he says,” one of the girls said. “He will keep his promise. He will forgive her.”

Powell himself agreed.

“I know you will forgive me,” he said.

Who should receive amnesty?

McCarthy said he felt people “committed to assault or destruction of property” should not be pardoned. He said all pardons should be granted based on the circumstances of each case, not “broad categories”.

McCarthy claimed that the Biden administration was overzealous in making accusations because it was “trying to increase the numbers” and said, “I would only pardon or commute the sentences of anyone charged with non-violent misdemeanors who are not normally charged by the Department of Justice.” trying to escalate the uprising as a political issue.”

The resources the Justice Department, particularly U.S. Attorney Matthew Graves’s office, has expended charging people for the Jan. 6 riot, turning it into what Attorney General Merrick Garland once described as “the most far-reaching investigation in history.”

Government Accountability Office estimated Last year, all costs related to the rebellion were stated to be $2.7 billion. This figure included investigation and prosecution costs, as well as damage, repair, and security manpower costs incurred by the Capitol Police, the District of Columbia, and all federal agencies. The Justice Department also requested assistance from 93 U.S. attorneys’ offices across the country to assist in prosecution efforts.

CLICK HERE FOR MORE FROM THE WASHINGTON EXAMINER

Trump’s pardon plans would be one of the most comprehensive pardon initiatives in modern history, eliminating four years of Justice Department investigative work and expensive court proceedings. One of the larger examples of pardons came from former President Jimmy Carter. Issue A blanket amnesty for more than 200,000 people accused of draft evasion during the Vietnam War.

Graves’ office, which is leading the investigations, declined to comment on Trump’s pardon plans.