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What to Know About Trump’s Broad Grant of Clemency to Jan. 6 Rioters

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What to Know About Trump’s Broad Grant of Clemency to Jan. 6 Rioters

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President Trump granted three different types of reprieve on Monday to all of the nearly 1,600 people who faced prosecution for the attack on the Capitol on Jan. 6, 2021.

He issued formal pardons to hundreds of rioters convicted of any crimes connected to Jan. 6, starting at the low end with offenses like trespassing and disorderly conduct and increasing in severity to assaulting police officers and seditious conspiracy.

Mr. Trump also commuted the sentences of 14 members of two far-right groups, the Proud Boys and the Oath Keepers militia. Most of those defendants were convicted on sedition charges and were serving prison terms of up to 18 years. Under the commutations, their sentences will be reduced to time served.

In a separate but related move, Mr. Trump ordered his Justice Department to dismiss any criminal indictments that remained pending against Jan. 6 defendants. And he directed the Bureau of Prisons to “immediately implement” his clemency grants, meaning that the 240 or so rioters behind bars could be released as early as Monday night.

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Mr. Trump’s pardons and his demands for cases to be dismissed covered about 1,000 nonviolent offenders — the largest single group granted clemency. Those defendants were charged only with misdemeanor counts associated with the Capitol attack like breaching the restricted grounds of the Capitol or illegally entering the building itself, but were never accused of breaking anything or hurting anyone.

But even though they may not have committed acts of violence, a federal appeals court has ruled that each person who joined the mob on Jan. 6, “no matter how modestly behaved,” still contributed to the chaos at the Capitol.

Couy Griffin, a former local official from Otero County, N.M., was typical of defendants like this. Mr. Griffin, the founder of a group called Cowboys for Trump, was found guilty of illegally climbing over walls in the restricted grounds of the Capitol and sentenced to 14 days in prison.

Two years ago, Mr. Griffin was removed from his post after a trial under the 14th Amendment’s prohibition on insurrectionists holding office. He was the first public official to be removed that way in more than a century.

The pardons and pending dismissals also covered more than 600 rioters were charged with assaulting, resisting or impeding law enforcement officers at the Capitol, nearly 175 of whom were accused of doing so with deadly or dangerous weapons including baseball bats, two-by-fours, crutches, hockey sticks and broken wooden table legs.

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The assault defendants have been sentenced to some of the longest prison terms of any of the Jan. 6 rioters. David Dempsey, a member of the Proud Boys from California, received the stiffest penalty for assault — 20 years in prison.

Prosecutors say Mr. Dempsey engaged in a sustained attack against multiple officers at the Capitol, using his hands, his feet, a flagpole, crutches, pepper spray and broken pieces of furniture.

Mr. Dempsey was so aggressive on Jan. 6 that at one point he assaulted a fellow rioter who was trying to disarm him. He also stood beside a gallows outside the Capitol and called for the hanging of prominent Democrats, including Speaker Nancy Pelosi and former President Barack Obama.

The most prominent defendant convicted of conspiracy charges and pardoned by Mr. Trump was Enrique Tarrio, the former leader of the Proud Boys, who was found guilty of seditious conspiracy at a trial with four of his lieutenants.

Mr. Tarrio’s situation on Jan. 6 was unique. He was not in Washington that day, having been kicked out of the city days earlier by a local judge presiding over separate criminal charges brought against him for vandalizing a Black church a month before the Capitol attack.

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Still, prosecutors said Mr. Tarrio kept in touch with compatriots as they assumed positions in the vanguard of the mob and played a central role in both committing violence and encouraging others to engage in violence at the Capitol.

Mr. Trump used a different method to grant clemency to Mr. Tarrio’s co-defendants in the sedition trial — Joseph Biggs, Ethan Nordean, Zach Rehl and Dominic Pezzola, who is best known for having shattered one of the first windows at the Capitol with a stolen police riot shield. Mr. Trump commuted their sentences, reducing them from as much as 18 years in prison to time served. And he did the same for a former Proud Boy named Jeremy Bertino, who turned on his compatriots and testified against them at the trial.

Mr. Trump also commuted the 18-year sedition sentence imposed on Stewart Rhodes, the leader of the Oath Keepers, another far-right group that was instrumental in the riot. Eight other members of the Oath Keepers — most of them convicted of seditious conspiracy — had their sentences commuted as well.

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Dem senators dodge crucial question on illegal alien accused of killing Chicago college student

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Dem senators dodge crucial question on illegal alien accused of killing Chicago college student

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While Republican senators, like Texas’ Ted Cruz and Florida’s Rick Scott, were quick to condemn the policies that kept the illegal immigrant killer of 18-year-old Sheridan Gorman from being deported, Democratic senators dodged questions on whether Gorman’s killer should have previously been deported prior to this month’s murder.

Gorman, who was a student at Loyola University of Chicago at the time of her death, was allegedly killed by an illegal immigrant from Venezuela, Jose Medina, 25. Medina was apprehended by U.S. Border Patrol on May 9, 2023, but was subsequently released into the U.S. under the Biden administration, according to Trump’s Department of Homeland Security. 

A short time later, Medina was arrested for shoplifting in Chicago, but was again released on June 19, 2023, DHS said. A judge put a warrant out on Medina after he failed to appear in court for his shoplifting charge, which was still active at the time of Gorman’s killing, according to the Chicago Sun Times. 

“Shoplifting in and of itself is not a violent crime. It’s not an indicator of a person that’s leaning toward violent crime,” said Sen. Dick Durbin, D-Ill., when asked about Medina’s case and whether he should’ve been deported prior to Gorman’s murder. 

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ILLEGAL IMMIGRANT ACCUSED OF KILLING CHICAGO COLLEGE STUDENT TO FACE COURT AFTER TUBERCULOSIS DELAY

Sheridan Gorman (L) was allegedly murdered by Jose Medina (R) (Sheridan Gorman/Instagram and Cook County Sheriff’s Office)

“You’re asking me to speculate on a bunch of things and I can’t answer that,” said Sen. Catherine Cortez-Masto, D-Nev., when asked if Gorman’s killer, and other illegal immigrant murderers who had significant criminal records at the time of their arrests, should have been deported before people got hurt. “I don’t know the cases. I trust our justice system to do the right thing and hold people accountable.”

Sen. Tammy Duckworth, D-Ill., responded that the Trump administration’s broad deportation crackdowns have prevented federal law enforcement from targeting genuinely dangerous people, an argument pushed by other top Democrats in Congress. “I think that if Trump cleared out Chicago and if ICE did their job, he wouldn’t be here, right?” Duckworth said as she got onto an elevator on Capitol Hill. “But they deported people who are not… [unintelligible].”

Meanwhile, Sen. Elissa Slotkin, D-Mich., offered a more judicious response, but also suggested the style by which the Trump administration is deporting people is problematic. 

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“Do I think violent criminals should be deported? Yes,” Slotkin said, adding it is an “easy” call to deport someone who has been “accused and properly prosecuted.” But, Slotkin added, “Innocent civilians who are protesting their government and using their freedom of speech should not be fingered and booted out.” 

Democrats who spoke with Fox News Digital did quickly agree that violent criminals who entered and are residing in the country unlawfully should be deported.

From left to right: Sen. Elissa Slotkin, D-Mich., Sen. Dick Durbin, D-Ill., Sen. Tammy Duckworth, D-Ill., and Sen. Catherine Cortez Masto, D-Nev. (Getty Images)

SHERIDAN GORMAN’S UNIVERSITY NEWSPAPER TOUTS ICE TRACKER AFTER FRESHMAN ALLEGEDLY MURDERED BY ILLEGAL ALIEN

“Anybody who violates, or creates crime in this country – particularly kills somebody – should not only be held accountable in the United States, but, yes, there should be immigration enforcement against that individual,” Cortez-Masto said. 

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“Every community deserves to feel safe, and I think people who commit violent crimes should not be allowed to either be in our country, or to be among our communities,” added Sen. Angela Alsobrooks, D-Md. 

Durbin, meanwhile, qualified his comments about Medina’s shoplifting charge by admitting “We ought to do a careful examination of people coming into this country and those who want to stay in this country,” adding that, “If they are dangerous to the community, they need to be denied entry or taken out of the country later.”

But Republican Senators Cruz and Scott were quick to bash Democrats for allegedly caring more about illegal immigrants than American citizens.

Sen. Ted Cruz (R-TX) holds a press conference with families who lost loved ones in the January 29, 2025 DCA plane crash on December 15, 2025 at the U.S. Capitol in Washington, DC. (Heather Diehl/Getty Images)

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“It’s tragic and it was avoidable,” Cruz said when approached about Gorman’s death and Medina not being deported. “The Democrats are so radical they prioritize illegal immigrants over American citizens.”

“It’s disgusting that these people say, ‘Oh, they act like they care about Americans.’ But then you look at their actions – they care about people who are here violently hurting Americans,” Scott complained.

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DHS attorney said agents in Los Angeles should have ‘started hitting’ protesters, emails show

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DHS attorney said agents in Los Angeles should have ‘started hitting’ protesters, emails show

A lead attorney for the Department of Homeland Security suggested that federal agents should have “just started hitting the rioters and arresting everyone that couldn’t get away” during an anti-ICE protest in Los Angeles last June, internal emails show.

The note was in an email chain obtained by the nonprofit watchdog group American Oversight through the Freedom of Information Act and shared exclusively with The Times.

In it, attorneys for Homeland Security appear to be discussing the June 9 lawsuit filed by California Gov. Gavin Newsom over President Trump’s deployment of thousands of California National Guard troops to Los Angeles.

Under the subject line “California DOD Lawsuit,” officials coordinated legal filings defending the Trump administration and included a draft declaration by the Los Angeles field office director of Immigration and Customs Enforcement supporting the deployment of military forces.

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The final email in the thread was from Joseph Mazzara, then-acting DHS general counsel, and he appears to be referring to an incident in which protesters tried to breach a protective line at a federal building.

On June 11, he wrote: “Every time I read about the battering ram incident I’m just floored at how wild that is.”

Referring to law enforcement as “they,” he continued: “They should have, when they brought the line in, just started hitting the rioters and arresting everyone that couldn’t get away from them. No one likes being hit by a stick, and people tend to run when that starts happening in earnest.”

The Department of Homeland Security didn’t respond to requests for comment.

Mazzara was later appointed deputy commissioner of U.S. Customs and Border Protection.

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Politico reported that Mazzara is among 10 staffers who followed former Homeland Security Secretary Kristi Noem to the State Department after she was fired this month from DHS and given a new role as special envoy for the Shield of the Americas.

The battering ram incident Mazzara referred to is detailed in court documents for the lawsuit.

A June 19 order from a panel judges from the 9th Circuit Court of Appeals states that Trump administration attorneys presented evidence of protesters interfering with federal officers. The protesters threw objects at ICE vehicles, “pinned down” several Federal Protective Service officers and threw “concrete chunks, bottles of liquid, and other objects,” the order said.

Protesters also “used ‘large rolling commercial dumpsters as a battering ram’ in an attempt to breach the parking garage of a federal building,” the order states.

Mazzara’s comment in the email thread with other Homeland Security attorneys was given to American Oversight with a watermark showing the agency had intended to withhold it. American Oversight also received a version of the documents with that statement redacted.

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Chioma Chukwu, executive director of American Oversight, said it’s no wonder the administration wanted to keep Mazzara’s comments hidden.

“They reveal a level of hostility toward protesters that is deeply at odds with the government’s obligation to protect civil liberties — and there’s no FOIA exemption that justifies hiding them,” she said.

Kerry Doyle, the former top ICE attorney during the Biden administration, said Mazzara’s comments show a shocking carelessness about the potential for harm against both the general public and the officers he was employed to protect.

The email, she said, “seems to encourage, or, at the very least, support constitutional violations by the operators that are supposed to be getting legal counsel from him to avoid violating the law.” Plus, commenting on operational strategy is outside the scope of his responsibilities, she said.

“He’s doing a disservice to the people that are on the front line, that rely on him and his colleagues to give them the parameters of what they can and can’t do,” Doyle added. “If you give them bad legal advice, you are setting them up for liability.”

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Noem’s removal came amid backlash against an escalation of violence during Trump’s crackdown on immigration, including the shooting deaths of U.S. citizen protesters by immigration agents.

Doyle said part of the secretary’s job is to set the tone for the agency so the rank and file know what is expected of them. Mazzara’s comments, she said, show how that tone has permeated all facets of the agency.

After the U.S. Supreme Court cast doubt on the Trump administration’s legal theory for using troops in domestic law enforcement operations, the president in December began removing the National Guard from Los Angeles and other Democratic-led cities.

The protests last summer caused significant property damage in a small section of downtown Los Angeles. But grand juries refused to indict many demonstrators accused by federal prosecutors of attacking agents, and a Times review of alleged assaults found that most incidents resulted in no injuries.

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WATCH: Senate hearing goes silent after Angel Father confronts top Dem over daughter’s death

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WATCH: Senate hearing goes silent after Angel Father confronts top Dem over daughter’s death

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A Senate hearing got tense and quiet after Illinois father Joe Abraham confronted retiring Sen. Dick Durbin, D-Ill., for not acknowledging his daughter, Katie, who was killed by an illegal immigrant drunk driver.

After Sen. Ted Cruz, R-Texas, expressed his condolences to Abraham, the grieving father thanked him and then proceeded to drill into Durbin.

“I appreciate it. I also appreciate Ranking Member Welch and Mr. Padilla for recognizing that. What I don’t understand is why my senator of Illinois, Mr. Durbin, [I] haven’t heard two words from him toward me,” he said, pointing in Durbin’s direction.

“It’s kind of amazing,” Abraham added.

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ILLEGAL IMMIGRANT ACCUSED OF KILLING CHICAGO COLLEGE STUDENT TO FACE COURT AFTER TUBERCULOSIS DELAY

Sen. Dick Durbin, D-Il., (left) was confronted by Angel father Joe Abraham (right) over the killing of his daughter, Katie, by an illegal immigrant. (Demetrius Freeman/The Washington Post via Getty Images; U.S. Senate Committee on the Judiciary official website livestream)

In the suddenly quiet hearing chamber, Cruz said, “I think it is a fair question to ask.” Abraham answered, “Kind of happy he’s calling it quits.”

After the tense exchange, Abraham again called out Durbin, writing, “You had the chance to show basic humanity, to acknowledge Katie’s life and death, as other senators in your own party did. Instead, silence. Not a call, not a statement, not even basic human acknowledgment.”

Abraham stated that “silence in the face of tragedy isn’t neutrality. It’s indifference.”

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“You’re retiring, but for many of us, that comes 30 years too late. And whoever you choose to endorse should be rejected just as quickly, because Illinois cannot afford more of the same,” he added, writing, “Illinois families deserve better than leaders who look away when the consequences don’t fit their narrative.”

He also criticized Durbin for supporting sanctuary policies, saying, “My daughter died in a system shaped by policies you continue to defend.”

“You chose sanctuary policies that give special privileges to those here illegally, while law-abiding Illinois citizens like my family are left unprotected,” wrote Abraham. “That’s not compassion. That’s a failure of leadership.”

COLLEGE STUDENT’S ALLEGED MURDER BY ILLEGAL WENT EXACTLY AS DEMS ‘INTENDED,’ HOUSE SPEAKER SAYS

Katie Abraham was killed by an illegal immigrant drunk driver.  (Joe Abraham )

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Abraham’s 20-year-old daughter, Katie Abraham, was killed by an illegal immigrant in a drunk-driving incident while standing at a stoplight in the college town of Urbana, Illinois. The federal government’s immigration crackdown in the Chicago area was launched in Katie’s honor. Dubbed “Operation Midway Blitz,” the effort resulted in more than 4,500 illegal immigrant arrests, according to DHS.

In an interview with Fox News Digital, Abraham, a lifelong Illinois resident, described his family as navigating a “dark wilderness” in the wake of Katie’s death.

“We have been in a dark wilderness, wandering, trying to find our new purpose … without Katie, who we thought would be with us the rest of our lives,” he said.

ANGEL PARENTS SLAM ILLINOIS SANCTUARY LAWS AFTER ‘PREVENTABLE’ TRAGEDY IN STUDENT’S DEATH

Joe Abraham holds a photograph of himself with his 20-year-old daughter, Katie Abraham, at his family’s home in Glenview, Illinois, on Sept. 10, 2025. (Stacey Wescott/Chicago Tribune/Tribune News Service via Getty Images)

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“She was a beautiful soul,” he added, lamenting, “We thought we’d have our children the rest of our lives.”

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Addressing other Illinoisans, Abraham warned, “If anything, God forbid, happens to you, your state under this regime will turn its back on you, 100%.”

“That’s what they’ve done with us and Katie,” he said. 

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