Vance Discusses Possible Pardons
The question of January 6 pardons has been reignited, with Vice President-elect J.D. Vance offering a measured take during his appearance on Fox News Sunday. Addressing the incoming administration’s stance, Vance made it clear that any decisions on pardons will hinge on one critical factor: whether the individuals in question were involved in acts of violence during the Capitol riot.
Host Shannon Bream wasted no time pressing Vance on where the proverbial “line” will be drawn. His response was straightforward yet pointed. “If you protested peacefully on January the 6th and you’ve had Merrick Garland’s Department of Justice treat you like a gang member, you should be pardoned,” he said. But he added a firm caveat: “If you committed violence on that day, obviously you shouldn’t be pardoned.”
While acknowledging some gray areas, Vance emphasized the importance of equal justice, stating, “There are a lot of people we think, in the wake of January the 6th, who were prosecuted unfairly. We need to rectify that.”
It’s no secret that January 6 remains one of the most contentious events in modern American history, and the aftermath has been just as divisive. The Biden Department of Justice has prosecuted over 1,200 individuals from nearly all 50 states, encompassing a wide spectrum of behavior, from peaceful protests to violent clashes with Capitol police. The challenge for the new administration is deciding how to fairly separate these groups.
Video footage from that day illustrates the complexity of the situation. Some individuals were seen calmly walking through the Capitol, while others violently confronted law enforcement.
For Vance and President-elect Donald Trump, who has spoken extensively on the issue, the goal appears to be threading the needle: offering justice to those they believe were unfairly treated without excusing violence or criminality.
Interestingly, recent legal rulings have added new dimensions to the debate. In March 2024, a D.C. Circuit Court of Appeals panel sided with a January 6 defendant, Larry Brock, finding that his sentence had been improperly extended.
The DOJ’s argument for harsher penalties—by equating disrupting Congress with disrupting judicial proceedings—was rejected by the court. This ruling highlights the legal complexities involved and underscores the need for a nuanced approach to the cases.
President-elect Trump has repeatedly signaled his intent to consider pardons. In December, he told NBC’s Kristen Welker that he would evaluate individual cases, while in May 2023, he told CNN that he would likely pardon a “large portion” of those charged, depending on their actions. These statements, coupled with Vance’s latest comments, suggest a clear focus on distinguishing between peaceful protestors and those who crossed the line into violence.