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Judges Take Shots At Trump In Reluctant Dismissals Of Jan. 6 Cases After Pardons

Donald Trump, Photo by / Flickr

By Katelynn Richardson, Daily Caller News Foundation | January 23, 2025

Several judges let their disapproval of President Donald Trump’s pardons for over 1,500 Jan. 6 defendants show in orders dismissing cases. Judges for the federal district court in Washington, D.C. opined that Trump’s decision to commute sentences for 14 individuals and pardon all others convicted on charges related to Jan. 6 could not change the “truth” about that day.

“[T]his Court cannot let stand the revisionist myth relayed in this presidential pronouncement,” Judge Beryl Howell wrote in an order Wednesday. “The prosecutions in this case and others charging defendants for their criminal conduct at the U.S. Capitol on January 6, 2021, present no injustice, but instead reflect the diligent work of conscientious public servants, including prosecutors and law enforcement officials, and dedicated defense attorneys, to defend our democracy and rights and preserve our long tradition of peaceful transfers of power—which, until January 6, 2021, served as a model to the world—all while affording those charged every protection guaranteed by our Constitution and the criminal justice system.”

Howell made the comments in an order dismissing cases against Proud Boy leader Nicholas Ochs and Texas man Nicholas Decarlo, who threw smoke bombs at police. Both were sentenced to four years in prison in Dec. 2022.

Judge Tanya Chutkan, who also presided over the criminal case former special counsel Jack Smith brought against Trump in Washington, D.C., wrote in an order relating to one defendant that dismissing the case “cannot repair the jagged breach in America’s sacred tradition of peacefully transitioning power.” 

“In hundreds of cases like this one over the past four years, judges in this district have administered justice without fear or favor,” Chutkan wrote while dismissing the case of John Banuelos, who was charged with firing a gun into the air outside the Capitol. “The historical record established by those proceedings must stand, unmoved by political winds, as a testament and as a warning.”

Judge Colleen Kollar-Kotelly similarly wrote that pardons, commutations and case dismissals “cannot change the truth of what happened on January 6, 2021.”

“What occurred that day is preserved for the future through thousands of contemporaneous videos, transcripts of trials, jury verdicts, and judicial opinions analyzing and recounting the evidence through a neutral lens,” she wrote in an order dismissing Dominic Box’s case. “Those records are immutable and represent the truth, no matter how the events of January 6 are described by those charged or their allies.” 

Box was found guilty on six counts for being among the first group to enter the Capitol, pushing through officers to gain access, according to court records. His sentencing was scheduled for Feb. 21.

Trump promised several times during the campaign to grant pardons, telling NBC News in December that he would take action on day one.

In the final hours before Trump was sworn in, former President Joe Biden issued preemptive pardons to members of the Jan. 6 committee like former Republican Wyoming Rep. Liz Cheney. He also issued preemptive pardons to his family members, Dr. Anthony Fauci and General Mark Milley.

Katelynn Richardson is an investigative reporter at the Daily Caller News Foundation.

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