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Why Trump has pardon power over DC cases

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Why Trump has pardon power over DC cases


President Donald Trump’s pardons of the Jan. 6 defendants and two D.C. police officers convicted in the death of Karon Hylton-Brown have many people asking questions about the president’s pardon power.

A law professor who specializes in pardons explains the president’s unique power to intervene in local D.C. criminal prosecutions.

In his first hours back in office, Trump issued pardons to hundreds of Jan. 6 defendants, many who were convicted of attacking police officers during the insurrection at the U.S. Capitol. Trump also extended his pardon power to two Metropolitan Police Department officers who had been convicted in the death of Karon Hylton-Brown.

While the Jan. 6 defendants were charged with federal crimes, the two MPD officers were charged with local crimes.

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“Article II of the Constitution gives the president of the United States the power to pardon offenses against the United States government, meaning federal offenses, but also, it turns out the president does have the pardon authority over District of Columbia offenses as well, given the novel nature of D.C.,” said Kimberly Wehle, author of “Pardon Power: How the Pardon System Works — and Why.”

Because most crimes in D.C. are prosecuted by the U.S. attorney, Wehle explains, the president has power in D.C. he doesn’t have elsewhere, whether the cases are brought in federal court or D.C. Superior Court.

“Given the unique nature of the District of Columbia, but there’s no other part of the country where he would be able to pardon a state crime,” Wehle said.

While reporters have asked the president about the reasons for the pardons, Wehle says the public rarely gets specific details.

“So not only is there no limits or oversight on the president’s ability to pardon, but there’s like a confidentiality lock on the information that the president has exclusive discretion whether to disclose it to the public,” she said.

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As for how someone gets a pardon, and how they qualify: “There’s an application online on the Department of Justice website,” Wehle said. “And there are criteria, including that you have to have served your sentence and waited five years to be eligible, which of course is not what happened with the Jan. 6 insurrectionists. In addition, there’s a number of criteria. Two that are prominent are, you have to demonstrate remorse and accountability for the crime, and you can’t be violent. Those are generally disqualifying by the office of the pardon attorney in the Justice Department. But, of course, the president is not bound by those recommendations.”

About 10,000 people will apply for pardons during a president’s term, she said.

Once someone receives a pardon, rights such as the ability to buy a gun and to vote are restored. A person can refuse a pardon, as we have seen with one of the Jan. 6 defendants, she said.

It’s not just Trump who’s made headlines for issuing pardons. Former President Joe Biden has received backlash for pardoning his son Hunter in connection with his felony gun and tax convictions — a decision Biden made after previously stating he would not. Then, during his final hours in office, Biden also pardoned several people including Dr. Anthony Fauci, members of the Jan. 6 committee and members of the Biden family.

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Flight delays, icy roads don’t stop Washington Mardi Gras as Louisianans flock to DC

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Flight delays, icy roads don’t stop Washington Mardi Gras as Louisianans flock to DC


King and queen of Washington Mardi Gras Gray Stream and Sarah Heebe, center, stand alongside House Speaker Mike Johnson, left, and Majority Leader of the U.S. House of Representatives Steve Scalise, right, at the home of the Ambassador of France to the United States, Laurent Bili, back left, during a Washington Mardi Gras party on Wednesday, January 28, 2026. (Photo by Chris Granger, The Times-Picayune)



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Chicago Mayor Brandon Johnson heads to D.C., set to talk about responding to immigration raids

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Chicago Mayor Brandon Johnson heads to D.C., set to talk about responding to immigration raids


Chicago Mayor Brandon Johnson headed to Washington, D.C., on Wednesday to speak at the National Press Club luncheon.

The mayor plans to talk about the challenges of leading Chicago this past year, and what city officials learned about resisting federal overreach and responding to federal immigration raids in the city.

“I’m obviously very much still concerned about the private, masked, terrorizing police force that the Trump administration continues to sic on working people across this country,” said Mayor Johnson said Tuesday. “It’s why I’ve used every single tool available that’s available to me, and many mayors have looked to those tools that we’ve used, whether it’s through the ICE-free zones, and even the litigation around ICE-free zones, so that we can strengthen and codify our ability to enforce it.”

Mayor Johnson said the next step has to be “real organized resistance, as what we saw organized and prepared during the Civil Rights Movement.”

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“We cannot just simply leave it to protests that just react to the egregious and the harmful and deadly actions coming from the Trump administration,” Johnson said.

Johnson is in Washington to attend the U.S. Conference of Mayors.

Meanwhile, Mayor Johnson also said he is extremely proud of how Chicago handled the 2024 Democratic National Convention. But he is concerned that if the city were awarded the 2028 convention, it would not receive the federal help needed for security for the event.

“You know, the Democratic National Convention would take place at a time in which the Trump administration will still be in charge, and what we’ve seen in cities across America — and more recently Minneapolis — that to turn over our security to the Trump administration, it’s not just me,” said Johnson. “There are a number of us that have profound concerns about that.”

In 2024, Chicago received a $75 million grant from the federal government for security costs.

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Atlanta, Boston, Denver, Las Vegas, and San Antonio are also believed to be bidding to host the political convention in 2028.



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‘My nightmare’; Kentucky woman sues DC to access OUC’s 911 calls in son’s sudden death

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‘My nightmare’; Kentucky woman sues DC to access OUC’s 911 calls in son’s sudden death


A grieving mother from Kentucky is suing Washington, D.C., to uncover the truth about her son’s sudden death.

Was it preventable? Did 911 operators make a mistake?

Those are the questions she’s desperate to answer, but her attempt to access the city’s emergency calls has been denied.

“It’s a struggle to keep moving forward and be a part of the world,” Stephanie Clemans, holding back tears, said during a Tuesday press conference.

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RELATED | Off-duty DC firefighter recounts survival, call for accountability after he was shot

William Ostertag, known by friends and family as Will, was 28 when he was working in his apartment’s gym on November 3, 2024. He lived at the Allegro Apartments in Columbia Heights in Northwest, D.C.

Suddenly, he went into cardiac arrest and collapsed.

“I’m his mom, and I wasn’t there, and I want to know what happened,” Clemans said.

What she does know is that Will lived right next door to a D.C. Fire and EMS firehouse where paramedics could’ve come to his aid almost immediately.

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Yet, according to the lawsuit below, it took them nine minutes.

By then, it was too late. Will had already lost oxygen to his brain and died 11 days later.

“My son was living, making plans, and successfully navigating adulthood. I am so completely proud of him,” Clemans said.

So what happened in those critical moments before his death?

Well, Clemans obtained a written timeline from the 911 dispatch system that shows dispatchers misclassified the original response as a “seizure”, sending an ambulance not equipped with the drugs on board that Will needed for a cardiac arrest.

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But the Office of Unified Communications (OUC) has denied her requests for the 911 calls, falling back on their policy of only releasing 911 audio to the original caller.

“My nightmare is that my vibrant, very much alive son died, and people with power are saying to me that I do not have the right to hear what was happening as he lay on the ground,” Clemans said.

Kevin Bell, her lawyer and a partner at the Freedom Information Group, says her Freedom of Information Act (FOIA) request appeal was also denied by Mayor Muriel Bowser’s Office of Legal Counsel. A decision, he urges them to reconsider.

“I believe, looking at this case, that this is a pretext to attempt to avoid producing records, which are potentially embarrassing to the department and which would provide information that might reflect negatively on the performance of their statutory duties… I believe that this is an instance where government can do the right thing. They can release the information that’s been requested.”

RELATED | Transparency concerns emerge over DC 911 feedback form now requiring caller phone number

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Will grew up in Louisville, Kentucky, and had a little brother.

He lived in D.C. for three years, working for the federal government. He’d just applied for several MBA programs. He lived a full life, suddenly cut short, with a mom determined to get answers about his death.

“This audio recording will help me understand the end of my son‘s life, and it is necessary for me to have it,” Clemans said.

Clemans is scheduled to testify as a public witness in Wednesday’s D.C. Council Performance Oversight Hearing on OUC virtually at 9:30 a.m.

7News reached out to OUC and the Mayor’s Office for a comment on the lawsuit ahead of Cleman’s testimony.

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As of this report, we have not heard back.

RELATED | ‘It’s nothing new’; DC firefighters rerouted twice after OUC dispatch errors



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