Could Donald Trump Have Issued Jan. 6 Pardons to Allies? – TIME
The lawyer who advised former President Donald Trump on how to overturn the 2020 election requested a pardon from him in the days after Jan. 6, the committee investigating the Capitol attack revealed on Thursday.
At the committees third public hearing on June 16, law professor John Eastman emailed Trumps personal lawyer, Rudy Giuliani, asking for executive clemency. Ive decided that I should be on the pardon list, if that is still in the works, he wrote, according to an email obtained by the House panel.
The revelation came a week after Rep. Liz Cheney, the vice chair of the panel, alleged that multiple Republicans in Congress had also requested pardons from Trump before he left office for their roles in trying to block the transfer of power to Joe Biden. She only mentioned one lawmaker by name: Rep. Scott Perry of Pennsylvania.
As you will see, Rep. Perry contacted the White House in the weeks after Jan. 6 to seek a presidential pardon, said Cheney, a Wyoming Republican. Multiple other Republican congressmen also sought presidential pardons for their roles in attempting to overturn the 2020 election. (Perry quickly denied ever seeking a pardon, calling it an absolute, shameful, and soulless lie.)
The mentions of presidential pardons have set off a whirlwind of speculation on Capitol Hill about which members of Congress might have sought pardons and why. Committee members plan to flesh out what they have learned about the pardon requests in an upcoming hearing. Legal experts say such pardon requests could be construed as demonstrating a consciousness of guilt or recognition that they might have committed a crime by the members who sought them. Less damningly, their entreaties could also reflect concern that they feared unfairly becoming targets of investigation or prosecution.
The disclosure of multiple Trump allies seeking pardons in the wake of the attack on the Capitol has also raised questions about the extent of a presidents pardoning authority, including whether Trump may have issued secret presidential pardons that have yet to come to light. (Answer: maybe.)
Here is what you need to know.
According to one former prosecutor, the reason is simple. It tells us that they fear theyre going to be charged, or more generally, that theyve engaged in conduct thats a federal crime, Harry Litman, a former U.S. attorney, tells TIME.
Since Jan. 6, 2021, the Department of Justice has been conducting its own investigation of the attack. Thus far, more than 800 people have been charged for storming the Capitol, and nearly 300 have entered guilty pleas on charges ranging from civil disorder and theft of government property to obstruction of an official congressional proceeding and seditious conspiracy.
President Donald Trump's personal lawyer Rudy Giuliani speaks to supporters from The Ellipse near the White House, in Washington, D.C. on January 6, 2021.
Brendan SmialowskiAPF/Getty Images
So far, no lawmakers or government officials have been charged, nor is there evidence that any are targets of the DOJ investigation.
One of the challenges prosecutors face is untangling criminal behavior from constitutionally protected political protests.
If the speech is likely and intended to incite imminent criminal action, then its not protected, says Elie Honig, a former federal and New Jersey state prosecutor. But, he notes, theres a difference between someone saying We need to throw these bums out and Lets go in there, smash up the windows, and beat the crap out of the first representative we see.
So its a spectrum between those two poles, he adds. Theres no automatic formula for that. It ultimately comes down to the prosecutors judgment and what the prosecutor believes would be convincing to the jury.
Several right-wing Republican lawmakers were reportedly involved in the planning of Jan. 6 protests. Several also vociferously challenged the certification of Biden as president on the House floor. Others cheered the crowd that day. On Wednesday, the Jan. 6 committee released surveillance footage of Rep. Barry Loudermilk, Republican of Georgia, giving a tour of the building to people later spotted in videos breaching the Capitol. None of those actions is a crime. (Loudermillk criticized the committee for what he called a smear campaign, adding that the Capitol Police already put this false accusation to bed.)
If a member of Congress did knowingly commit a crime like those the Justice Department is prosecuting related to the Capitol attack, they would of course have a reason to ask for a pardon. But from a practical standpoint, if any lawmakers thought they could be at risk of criminal prosecution, requesting a pardon from a sympathetic president is not necessarily unreasonable, says Margaret Love, former U.S. Pardon Attorney from 1990 to 1997 under Presidents George H.W. Bush and Bill Clinton. Why not? Love says of members of Congress seeking clemency. A little insurance policy? Theres no reason why they shouldnt have asked.
In his final days in office, Trump did pardon many people close to him, such as Steve Bannon, Roger Stone, Paul Manafort, and Charles Kushner, the father of his son-in-law and special adviser Jared Kushner. But in all of those cases, Trump pardoned individuals who had already been charged with or convicted of crimes. If any members of Congress asked Trump for a presidential pardon, they were presumably asking for a preemptive one.
The short answer is yes. Generally speaking, the president can pardon federal crimes and people can request clemency, Jeffrey Crouch, a government professor at American University and an expert on presidential pardon power, wrote in an email to TIME. Even though a pardon usually comes at the end of the legal process, the president can short-circuit that process if he wants.
Past presidents have issued blanket pardons, such as Jimmy Carter who exonerated everyone who dodged the Vietnam draft. Its much rarer, though, for presidents to pardon individuals who have not yet been charged with a crime or not knowing the precise charge, if any, they were expected to face. A rare exception was when former President Gerald Ford pardoned his predecessor, Richard Nixon, in 1974 for whatever crimes he may have committed against the United States as president.
Trump himself waded into similar territory with his former National Security Adviser Michael Flynn, whom he pardoned in 2020 for lying to federal investigators but also for any and all possible offenses he may have committed related to Special Counsel Robert Muellers investigation.
For the most part, however, pardons are issued for specific offenses, Litman argues. In theory, its well understood that a pardon is for specified conduct, he said. Its not just a get-out-of-jail-free card.
Nonetheless, Trump had the authority to issue very broad pardons to some of his allies in Congress, Crouch says. President Trump could have pardoned people without spelling out exactly what offenses he was pardoning, he says. The president has leeway to fashion the type of mercy he is offering and how broad it can be, but recent presidents are usually specific about pardons.
There are two glaring exceptions, though, to that power: if the pardon itself was part of a criminal act or the cover up of one. Most scholars would agree that even though the presidents pardon power is broad, it cant be used as part of a crime, Litman says. So its possible to grant a pardon in a way that is an obstruction of justice, for example.
Representative Zoe Lofgren, a Democrat from California, from right, Representative Liz Cheney, a Republican from Wyoming, and chairman Representative Bernie Thompson, a Democrat from Mississippi, exit following a hearing of the Select Committee to Investigate the January 6th Attack on the US Capitol in Washington, D.C., US, on Thursday, June 16, 2022.
Tom BrennerBloomberg/Getty Images
In the June 9 primetime hearing, Cheney suggested that the committee had evidence that GOP members of Congress requested pardons from Trump. Yet some veteran prosecutors and pardon lawyers say that has left them wondering whether the president might have issued any in secret.
The Justice Department has a page on its website listing every pardon it knows of that was issued by Trump. When asked by TIME whether Trump may have issued pardons not on the list, Dena Iverson, a DOJ spokesperson responded, All of the pardons are on the website.
Love, however, says Trump still could have granted additional pardons and never informed the Justice Department about them.
The president could have signed a cocktail napkin and put it away in a bottom drawer only to be revealed after he left office, Love says. Its just that this has never before happened, at least since the Civil War. And after January 20, he could have called up and said, Oh, by the way, Joe, look in the bottom drawer there. Youll find a bunch of paper there. He could have given them to the beneficiaries of these acts of grace. A pardon doesnt have to be published right away to be valid, or even published at all.
Its not the first time the prospect of Trump issuing secret pardons has come up. In September 2017, a Democratic congressman introduced a bill that would have forced the White House to publicly announce any presidential pardons within three days of their being granted. With Republicans then in control of both houses of Congress, the legislation went nowhere. But it underscored the reality that theres nothing forcing a president to publicly disclose every pardon they issue.
The Jan. 6 committee appears to be preparing to show the public how Perry and other members of Congress at the very least sought pardons from Trump. Everything were doing is documented by evidence, Rep. Jamie Raskin, Democrat of Maryland, recently told CNN regarding the pardon requests. Everything that we are doing is based on facts.
When asked by TIME on Thursday about the possibility that Trump may have issued pardons in secret, Raskin said the committee had not considered it.
The question prompted Raskin to think back to when the committee deposed Eastman. He was not particularly forthcoming, pleading his Fifth Amendment right against self-incrimination 100 times. But the committee had focused on the paper trail showing Eastman seeking a pardon, and not the possibility that Trump may have agreed to the request without ever formally announcing it.
We should have asked him, Raskin says, Do you have a pardon?
More Must-Read Stories From TIME
Contact us at letters@time.com.
The rest is here:
Could Donald Trump Have Issued Jan. 6 Pardons to Allies? - TIME
- Does Donald Trump deserve the Nobel Peace Prize? We asked 5 experts - The Conversation - July 10th, 2025 [July 10th, 2025]
- Mary Trump Issues Warning on Long-Term Impact of Donald Trump Move - Newsweek - July 10th, 2025 [July 10th, 2025]
- Donald Trump threatens to impose 50% tariff on Brazil - Financial Times - July 10th, 2025 [July 10th, 2025]
- Is the Hispanic Red Wave for Donald Trump Starting to Crash? - The New Yorker - July 8th, 2025 [July 8th, 2025]
- President Donald Trump's approval rating by state as of July 2025 - Yahoo - July 8th, 2025 [July 8th, 2025]
- Donald Trump Sending More Weapons to Ukraine: What We Know - Newsweek - July 8th, 2025 [July 8th, 2025]
- It Appears Elon Musk REALLY Pissed Off Donald Trump This Time, And I'm Convinced They're DUNZO - Yahoo - July 8th, 2025 [July 8th, 2025]
- Donald Trump Wants to Add His Face to Mount Rushmore. Here's What Its Former Keeper Says About 'the Reality of the Rock' - Yahoo News - July 6th, 2025 [July 6th, 2025]
- Map Shows Donald Trump's Approval Rating in Every State on 4th of July - Newsweek - July 4th, 2025 [July 4th, 2025]
- Keir Starmer says good relationship with Donald Trump based on shared family values - The Guardian - July 4th, 2025 [July 4th, 2025]
- Donald Trump's 'Big, Beautiful Bill' Heads Back to the House: What's Next? - Newsweek - July 2nd, 2025 [July 2nd, 2025]
- The play-by-play of the 24-hour war of words between Elon Musk and Donald Trump - Business Insider - July 2nd, 2025 [July 2nd, 2025]
- Donald Trump Says Hes Found a Group of Very Wealthy People to Buy TikTok and Keep App in U.S. - Variety - June 29th, 2025 [June 29th, 2025]
- Donald Trump Says Group Of "Very Wealthy People" Looking To Acquire TikTok - Deadline - June 29th, 2025 [June 29th, 2025]
- Donald Trump Confirmed to Return with Speaking Part in Disney World's Hall of Presidents - WDWMagic - June 29th, 2025 [June 29th, 2025]
- Donald Trump Warns NY Mayor Candidate Zohran Mamdani: 'Do the Right Thing' - Newsweek - June 29th, 2025 [June 29th, 2025]
- Donald Trump says 'very wealthy group' has agreed to buy TikTok in the US - Sky News - June 29th, 2025 [June 29th, 2025]
- Orchestrated grovel: critics react to Europes attempts to tame Donald Trump - The Guardian - June 28th, 2025 [June 28th, 2025]
- Donald Trump Is About to Confront the Real Reason the US Keeps Starting Wars - Politico - June 28th, 2025 [June 28th, 2025]
- Donald Trump Cuts Off Trade Talks With Canada, 'Effective Immediately' - Newsweek - June 28th, 2025 [June 28th, 2025]
- Jen's Version: Are we really going to pretend Donald Trump is concerned about classified material? - MSNBC News - June 28th, 2025 [June 28th, 2025]
- Donald Trump Makes Major Change to Mortgages: What to Know - Newsweek - June 26th, 2025 [June 26th, 2025]
- 'It's possible' Putin will invade more than Ukraine, says Donald Trump - Euronews.com - June 26th, 2025 [June 26th, 2025]
- Donald Trump Nobel Peace Prize Nomination Withdrawn - Newsweek - June 24th, 2025 [June 24th, 2025]
- Dear heads of state: Donald Trump wont love you back. He may be the worst boyfriend the world has ever seen - The Guardian - June 24th, 2025 [June 24th, 2025]
- Marjorie Taylor Greene Flips Out Over 'Dirty Rumors' About Her And Donald Trump - Yahoo - June 24th, 2025 [June 24th, 2025]
- 'How angry Donald Trump is': Social media reacts to Trump dropping F-bomb live on TV - Times of India - June 24th, 2025 [June 24th, 2025]
- President Donald Trump: The strikes were a spectacular military success - Fox News - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump Bombs Iran, and America Waits - The New Yorker - June 22nd, 2025 [June 22nd, 2025]
- Bombing Iran, Donald Trump is triggering a tragedy that Thucydides foretold long ago - The Forward - June 22nd, 2025 [June 22nd, 2025]
- Is Donald Trump an Antagonist or Champion of the Gay Community? - The New York Times - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump to Address Nation After Attacking Iran Nuclear Sites - Newsweek - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump says US has attacked three Iranian nuclear sites and totally obliterated them - The Guardian - June 22nd, 2025 [June 22nd, 2025]
- Juventus meet Donald Trump at the White House as he discusses Iran conflict and transgender women in sport - The New York Times - June 20th, 2025 [June 20th, 2025]
- Trump denies approving Iran attack plan but will make decision within two weeks | Donald Trump - The Guardian - June 20th, 2025 [June 20th, 2025]
- Donald Trump's National Park Tip Line Flooded With Angry Messages - Newsweek - June 20th, 2025 [June 20th, 2025]
- Opinion | What the Godfather of American Conservatism Would Think About Donald Trump - Politico - June 16th, 2025 [June 16th, 2025]
- The quiet truce between Gavin Newsom and Donald Trump is over - CalMatters - June 10th, 2025 [June 10th, 2025]
- Gavin Newsom Dares Donald Trump to Arrest Him: 'Get It Over With' - Newsweek - June 10th, 2025 [June 10th, 2025]
- Donald Trump Accused Of Inciting Violence With Chilling New Rhyme - Yahoo News - June 10th, 2025 [June 10th, 2025]
- Opinion | Donald Trump vs. California (and everywhere else) - The Washington Post - June 10th, 2025 [June 10th, 2025]
- 'So much for being nice guy': Donald Trump reignites trade tensions, warns China it has violated tariff d - Times of India - May 30th, 2025 [May 30th, 2025]
- Mike Pence Accuses Donald Trump of Ignoring Constitution - Newsweek - May 30th, 2025 [May 30th, 2025]
- We demanded justice after George Floyds death. Donald Trump made things worse, but we fight on | Al Sharpton - The Guardian - May 26th, 2025 [May 26th, 2025]
- Donald Trump Posts All-Caps Memorial Day Message Attacking USA Hating Judges And Scum Who Are Trying To Destroy Our Country - Deadline - May 26th, 2025 [May 26th, 2025]
- CNN abruptly stopped for breaking news as Donald Trump explodes at reporter over Ukraine question - The Mirror US - May 26th, 2025 [May 26th, 2025]
- Donald Trump is throttling Americas oil industry - The Economist - May 11th, 2025 [May 11th, 2025]
- Donald Trump prizes more Gulf investment in the US - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump Vows to Reduce Prescription Drug Costs by Up to 80 Percent - Newsweek - May 11th, 2025 [May 11th, 2025]
- What is habeas corpus and why might Donald Trump want to suspend it? - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump calls for 20,000 new officers to aid with deportations - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump is a bigger threat to UK than terrorists, poll says - politico.eu - May 8th, 2025 [May 8th, 2025]
- Donald Trump to announce 'major trade deal' with a big and highly respected nation - Times of India - May 8th, 2025 [May 8th, 2025]
- Donald Trump picks the wrong trade fight with China - The Economist - April 30th, 2025 [April 30th, 2025]
- Donald Trump says he will be talking to Australias prime minister about tariffs - The Guardian - April 30th, 2025 [April 30th, 2025]
- Donald Trump Names His Dream Successor for Pope Francis Ahead of the Papal Conclave - People.com - April 30th, 2025 [April 30th, 2025]
- Giants say they had no conversations with Donald Trump about Saquon Barkley - NBC Sports - April 30th, 2025 [April 30th, 2025]
- Donald Trump is proving disastrous for big tech - The Economist - April 30th, 2025 [April 30th, 2025]
- Opinion | Donald Trump Is Selling the White House to the Highest Bidder - The New York Times - April 27th, 2025 [April 27th, 2025]
- 'Kicking butt' or 'going too fast'? Donald Trump voters reflect on 100 days - BBC - April 27th, 2025 [April 27th, 2025]
- Donald Trump's approval rating takes a hit as he reaches 100 days: New polls - USA Today - April 27th, 2025 [April 27th, 2025]
- Experts On Russia Say Donald Trump Is Wrong About The War In Ukraine - Forbes - April 27th, 2025 [April 27th, 2025]
- Donald Trump went after one of America's top law firms. Its decision to fight back took just two hours. - Business Insider - April 27th, 2025 [April 27th, 2025]
- Sweeping change. Donald Trump voters reflect on controversial first 100 days of second term. - Chicago Tribune - April 27th, 2025 [April 27th, 2025]
- Donald Trump wants celebrities to kiss the ring. Bill Maher did: wholl be next? | Emma Brockes - The Guardian - April 25th, 2025 [April 25th, 2025]
- Donald Trump's trip to Pope Francis' funeral puts a sharper focus on their clashes over the years - AP News - April 25th, 2025 [April 25th, 2025]
- Donald Trump Is Tanking One of Americas Greatest Exports in the Middle of a Trade War - Slate - April 25th, 2025 [April 25th, 2025]
- 'Reality bites Donald Trump in the you know where': China contradicts the White House over tariffs - MSNBC News - April 25th, 2025 [April 25th, 2025]
- Donald Trump's "Objectively Embarrassing And Hilarious" Message To Vladimir Putin Is Now A Meme - Yahoo - April 25th, 2025 [April 25th, 2025]
- The Nobel is just the start: 16 imagined victories for Donald Trump | Ariel Dorfman - The Guardian - April 21st, 2025 [April 21st, 2025]
- Is Donald Trump Breaking the Law? Seven Experts Weigh In. - The Free Press - April 21st, 2025 [April 21st, 2025]
- JD Vance: Donald Trump's Global 'Bad Cop' In His First 100 Days In Office - NDTV - April 21st, 2025 [April 21st, 2025]
- What is the Insurrection Act? What To Know as Donald Trump Deadline Hits - Newsweek - April 21st, 2025 [April 21st, 2025]
- Vince Vaughn Visits Donald Trump and The White House Shares Wedding Crashers Parody Poster - Variety - April 21st, 2025 [April 21st, 2025]
- President Donald Trump Is Saving Social Security Hundreds of Millions of Dollars per Year. But Is It Enough to Prevent Benefit Cuts? - Yahoo Finance - April 21st, 2025 [April 21st, 2025]
- We knew Donald Trump is bad at business. Now the world does, too. | Sheneman cartoon - NJ.com - April 14th, 2025 [April 14th, 2025]
- Donald Trump is now badly wounded. Europe and the UK can seize an advantage - The Guardian - April 12th, 2025 [April 12th, 2025]
- Bill Maher Says Donald Trump Was Gracious and Willing to Listen During White House Visit - hollywoodreporter.com - April 12th, 2025 [April 12th, 2025]
- Bill Maher Recounts Surprising Meeting With Gracious and Measured Donald Trump - TV Insider - April 12th, 2025 [April 12th, 2025]
- Bill Maher's full monologue on his Donald Trump meeting: Read the transcript - USA Today - April 12th, 2025 [April 12th, 2025]