As Jan. 6 defendants anticipate pardons from President-elect Donald Trump, there are indications that the FBI is winding down any further investigations of the attack on the Capitol in 2021.
According to sources at the FBI, the Jan. 6 cases still being investigated “are dead.”
“They’re not going anywhere. They’re dead. They’re going to be closed, because they still have some in the pipeline,” an FBI source said.
“Basically, right now, everyone [is asking], ’Why the hell are you prosecuting?” another Bureau source said. “They’re all going to be pardoned anyway, so it’s an informal shutdown.”
The FBI has nine videos of suspects wanted for violent assaults on law enforcement agents or officers stemming from Jan. 6, according to the U.S. Attorneys’ Office for the District of Columbia. The FBI is also looking for “known fugitives” from that day.
In a statement to The Washington Times, the FBI responded to the FBI inside sources, saying, “The FBI’s investigations into federal violations continue.”
The Jan. 6 cases in the pipeline involve individuals the FBI was investigating but weren’t arrested for their alleged involvement in the Capitol riot.
Mr. Trump declared on the campaign trail he would pardon Jan. 6 rioters and denounced the Justice Department’s investigation.
These pardons, his campaign said, would be decided on a “case by case basis.”
The Justice Department charged more than 1,500 people related to Jan. 6. More than 570 are contending with felony charges of assaulting or impeding law enforcement and may see their cases dropped.
The U.S. Attorney’s Office said 979 individuals pleaded guilty to charges from Jan. 6, including 318 of felonies and 661 of misdemeanors.
An additional 210 people were found guilty at trial, including 10 of seditious conspiracy.
Of all those, 645 people were sentenced to varying terms in prison.
Some Jan. 6 defendants are hoping Mr. Trump will follow through with his pledge to eliminate the convictions on their records or free them from prison when he’s back in the White House.
Christopher Carnell, a convicted rioter, believes he will receive clemency from Mr. Trump.
“Throughout his campaign, President-elect Trump made multiple clemency promises to the Jan. 6 defendants, particularly to those who were nonviolent participants,” Mr. Carnell’s lawyers wrote.
“Mr. Carnell, who was an 18-year-old nonviolent entrant into the Capitol on Jan. 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.”
D.C. District Judge Beryl Howell denied the request. However, other attorneys representing Jan. 6 defendants also plan to seek clemency from Mr. Trump for their clients after the president-elect is sworn in.
Meanwhile, the Justice Department is winding down its own Jan. 6 election interference case against Mr. Trump.
U.S. District Court Judge Tanya Chutkan is granting special counsel Jack Smith’s request to cancel pretrial deadlines in the election subversion case against the president-elect as the government finds a way to deal with his victory and looming inauguration.
Mr. Smith is winding down his cases against Mr. Trump because of a policy that dictates sitting presidents aren’t liable for criminal prosecution.
A motion filed with Judge Chutkan on Friday said the government is deliberating its steps ahead of the Jan. 6 certification of Mr. Trump’s win and the Jan. 20 inauguration.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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