President Donald Trump granted clemency to more than 1,500 individuals charged with crimes related to the Jan. 6, 2021, Capitol riot on his first day back in office. This action has sparked controversy, with some Democrats exploring whether state charges could be brought against those pardoned after federal charges were cleared.
Debate over state prosecutions
Some left-leaning news outlets are building arguments for such prosecutions. Right-leaning outlets are dismissing the possibility, citing double jeopardy protections.
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
A post on X by CNN reporter Marshall Cohen stirred debate. He revealed that Philadelphia District Attorney Larry Krasner, a progressive Democrat, is considering state charges against pardoned Capitol rioters from Pennsylvania.
Krasner acknowledged significant legal challenges, including double jeopardy. However, he argued that state prosecutions could proceed if the conduct was not fully covered by federal charges.
Krasner leads the charge on state-level prosecutions
Known for his progressive stance, Krasner was one of the first public figures to explore the potential for prosecuting Jan. 6 defendants after they received presidential pardons. He believes that crimes tied to state conspiracy laws or election statutes could fall outside the scope of federal charges.
Dual sovereignty doctrine could allow states to prosecute
Under the Constitution’s “dual sovereignty doctrine,” states have the authority to prosecute individuals for crimes, even if they were previously convicted in federal court.
Since presidential pardons only cover federal offenses, Trump’s clemency does not prevent state-level prosecutions.
Legal experts weigh in on the challenge of state prosecutions
Some legal experts contended that prosecuting these individuals at the state level could prove difficult. However, left-leaning reports suggested it is still possible.
A Slate article noted that states can prosecute individuals for crimes committed outside their jurisdiction if the crime was planned within the state.
For example, many states’ conspiracy laws hold individuals criminally liable for plotting an offense within the state, even if the crime occurred elsewhere.
Zachary Rehl could be a target for state charges
Slate’s article suggested that Zachary Rehl, a leader of the Proud Boys, could be a potential target for Krasner’s office.
During Rehl’s federal trial, prosecutors claimed he made extensive preparations for the Capitol riot, including purchasing long-range radios to communicate with others.
Slate reported that these actions may allow Krasner to charge Rehl with criminal conspiracy, citing the acquisition and programming of the radio equipment if it occurred in Philadelphia County.
Some experts dismiss state prosecutions as political maneuver
In contrast, the Washington Examiner published an interview with a legal expert who argued that Krasner’s consideration of prosecuting pardoned individuals is unlikely to succeed and possibly a political maneuver.
“The fact that there is no state action that could possibly take place here makes this a very steep climb,” David Gelman, a former federal prosecutor and defense attorney, said. “Instead of addressing pressing issues like violent crime, he’s prioritizing actions against individuals pardoned years ago.”
Krasner’s jurisdiction includes dozens of Jan. 6 defendants
Krasner’s jurisdiction includes more than 100 people convicted of Jan. 6 related crimes. Slate reported that other states with similar laws could also attempt to prosecute Jan. 6 defendants on state charges.
However, the Washington Examiner highlighted previous failed attempts to prosecute individuals under double jeopardy protections, such as efforts to bring former Trump campaign chairman Paul Manafort to trial in state court when the judges cited double jeopardy protections.
