Can pardoned Jan. 6 defendants face state charges? DA explores options

[KARAH RUCKER]

IN HIS FIRST DAY BACK IN OFFICE, PRESIDENT DONALD TRUMP GRANTED CLEMENCY TO OVER 1,500 PEOPLE CHARGED FOR CRIMES RELATED TO JANUARY SIXTH, 2021.

IT’S BEEN ONE OF THE MORE CONTROVERSIAL ACTIONS THE PRESIDENT TOOK ON DAY ONE –

WITH SOME DEMOCRATS NOW CONSIDERING WHETHER **STATE CHARGES COULD BE FILED AGAINST JANUARY SIXTH DEFENDANTS NOW THAT THEIR **FEDERAL CHARGES HAVE BEEN WIPED CLEAN.

SOME LEFT-LEANING NEWS OUTLETS ARE BUILDING OUT ARGUMENTS.

WHILE SOME RIGHT-LEANING NEWS OUTLETS ARE DISMISSING THE IDEA, CITING DOUBLE JEOPARDY.

THIS POST ON X FROM CNN REPORTER MARSHALL COHEN IGNITED BUZZ.

“Philadelphia DA Larry Krasner, a progressive Democrat, is exploring state charges against pardoned US Capitol rioters from PA. This would face significant legal hurdles, like double jeopardy. But he told me, “you can have a state prosecution for conduct that was not fully encompassed in the federal prosecution.”

KRASNER – IS A SELF-DESCRIBED PROGRESSIVE – LEADING STATE PROSECUTIONS IN PHILADELPHIA.

HE’S ONE OF THE FIRST TO EXPLORE THE IDEA OF STILL SEEING JANUARY SIXTH DEFENDANTS BEHIND BARS AFTER THEIR PRESIDENTIAL PARDONS.

HE BELIEVES CRIMES RELATED TO STATE CONSPIRACY LAWS OR ELECTION STATUTES MAY FALL OUTSIDE THE SCOPE OF FEDERAL CHARGES.

UNDER THE CONSTITUTION’S “DUAL SOVEREIGNTY DOCTRINE”, STATES CAN PROSECUTE INDIVIDUALS FOR CRIMES EVEN IF THEY’VE ALREADY BEEN CONVICTED IN FEDERAL COURT..

Since presidential pardons cover ONLY federal offenses, state prosecutions are unaffected by Trump’s clemency, meaning he cannot shield these individuals from state-level charges.

SOME LEGAL EXPERTS SAY – IT’S GOING TO BE HARD TO PROSECUTE.

BUT OTHER REPORTS SUGGEST – THERE IS A WAY.

ACCORDING TO A SLATE NEWS REPORT – A LEFT-LEANING NEWS OUTLET –

States have limited ability to penalize conduct that occurred in another jurisdiction. They do, however, have considerable authority to prosecute residents who prepare to commit a crime within the state, then travel elsewhere to carry it out. Many states’ conspiracy laws, for instance, subject their residents to criminal liability for plotting an offense in-state even if all the illegal conduct occurred beyond state lines.

SEVERAL NEWS OUTLETS WITH A LEFT POLITICAL BIAS SEE PROUD BOYS LEADER “ZACHARY REHL” AS A **POTENTIAL TARGET FOR THE PHILADELPHIA D-A – ALTHOUGH KRASNER DID NOT NAME ANY POTENTIAL DEFENDANTS IN HIS INTERVIEW WITH CNN.

DURING REHL’S FEDERAL TRIAL – PROSECUTORS ARGUED HE HAD ENGAGED IN “EXTENSIVE PREPARATION” AND “PLANNING” OF HIS PARTICIPATION IN THE JANUARY SIXTH CAPITOL RIOT.

REHL PURCHASED LONG-RANGE RADIOS TO HELP COMMUNICATE WITH OTHERS, AND HELPED PROGRAM THE EQUIPMENT – ACCORDING TO FEDERAL PROSECUTORS AT THE TIME.

ACCORDING TO SLATE’S REPORT –

These preparations evidently helped the Proud Boys coordinate their successful breach of the barricades amid the chaos…Krasner could therefore attempt to charge Rehl with criminal conspiracy. He could claim jurisdiction because at least one overt act, the acquisition and programming of radio equipment, apparently occurred in Philadelphia County.

HOWEVER –

THE WASHINGTON EXAMINER – A RIGHT-LEANING NEWS OUTLET –

HAD A WRITE UP THAT READ A LOT DIFFERENTLY.

INTERVIEWING A LEGAL EXPERT SUGGESTING KRASNER’S CONSIDERATION OF PROSECUTING PARDONED J-6’ERS IS A FAR STRETCH  – AND “POLITICAL PLOY”.

David Gelman – a former federal prosecutor and defense attorney – TOLD THE EXAMINER –

“The fact that there is no state action that could possibly take place here makes this a very steep climb. Instead of addressing pressing issues like violent crime, he’s prioritizing actions against individuals pardoned years ago. He is almost universally seen as out of touch with what the people of Pennsylvania need.”

MORE THAN 100 PEOPLE CONVICTED OF JANUARY SIXTH CRIMES RESIDE IN KRASNER’S JURISDICTION.

SLATE REPORTED “PLENTY OF STATES” HAVE SIMILAR LAWS ESTABLISHING “JURISDICTION OVER CONSPIRACIES THAT BEGAN WITHIN THEIR BORDERS BUT THE CRIME WAS COMMITTED ELSEWHERE” –

SUGGESTING OTHER STATES WOULD BE ABLE TO ENTERTAIN PROSECUTING JANUARY SIXTH DEFENDANTS ON STATE CHARGES.

WHILE THE WASHINGTON EXAMINER CITED FAILED ATTEMPTS OF SIMILAR EXAMPLES OF DOUBLE JEOPARDY – SUCH AS ATTEMPTS TO PROSECUTE PAUL MANAFORT IN STATE COURT THAT FAILED – WHEN THE JUDGES CITED DOUBLE JEOPARDY PROTECTIONS.

SO FOR NOW – THE DEBATE IS PLAYING OUT IN THE MEDIA WHETHER THESE DEFENDANTS COULD FACE TRIAL AGAIN.

IT’S UNCLEAR WHETHER THAT DEBATE WILL EVENTUALLY PLAY OUT INSIDE A COURT ROOM.

THANKS FOR WATCHING OUR NEWS UPDATE.

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