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
- Donald Trump Praises Ted Sarandos But Says Netflix-WBD Would Have A Great Big Market Share In Streaming - Deadline - December 7th, 2025 [December 7th, 2025]
- Sources: Ted Sarandos Met With Donald Trump Ahead of Netflixs Winning Warner Bros. Deal - The Hollywood Reporter - December 7th, 2025 [December 7th, 2025]
- Donald Trump Jr. suggests the US may walk away from Ukraine peace talks - CNN - December 7th, 2025 [December 7th, 2025]
- "SNL" mocks Pete Hegseth and "sleeping" Donald Trump"kill everybody" - Newsweek - December 7th, 2025 [December 7th, 2025]
- The war on drugs felt over. Donald Trump restarted it - CNN - December 7th, 2025 [December 7th, 2025]
- At the 2026 World Cup draw, the winner is ... Donald Trump - CNBC - December 7th, 2025 [December 7th, 2025]
- Melania Trump was once the one making controversial White House design choices. Now, it's Donald Trump. - Business Insider - December 2nd, 2025 [December 2nd, 2025]
- Donald Trump Gets Worrying Sign Ahead of Midterms - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Tennessee Special Election Could Be Kamala Harris Revenge on Donald Trump - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Drug trafficking: Donald Trump says he is 'okay' with striking Mexico - France 24 - November 18th, 2025 [November 18th, 2025]
- Donald Trump to host Saudi crown prince Mohammed bin Salman at White House - live updates - The Guardian - November 18th, 2025 [November 18th, 2025]
- MBS Has a List of Big Asks for Donald Trump in DC - Bloomberg.com - November 14th, 2025 [November 14th, 2025]
- Timeline of Donald Trump and Jeffrey Epsteins relationship - CNN - November 14th, 2025 [November 14th, 2025]
- 'I am the one able to take him down.' What Jeffrey Epstein said about Donald Trump. - USA Today - November 14th, 2025 [November 14th, 2025]
- President Donald Trump signs the funding bill from Congress that reopens the government - The White House (.gov) - November 14th, 2025 [November 14th, 2025]
- Donald Trump Is a Lamer Duck Than Ever - The Atlantic - November 14th, 2025 [November 14th, 2025]
- Terry McAuliffe: Donald Trump is the Democrats Best Weapon - CNN - November 14th, 2025 [November 14th, 2025]
- Donald Trump May Have Revealed Where Barron Is Living After His Quiet College Transfer - People.com - November 14th, 2025 [November 14th, 2025]
- Eight California Counties Won by Donald Trump Vote Yes on Prop 50 - Newsweek - November 5th, 2025 [November 5th, 2025]
- Donald Trump Reacts After Democrats Win Big on Election Night - Newsweek - November 5th, 2025 [November 5th, 2025]
- Donald Trump Has All-Caps Reaction To GOP's Disastrous Election Night - HuffPost - November 5th, 2025 [November 5th, 2025]
- Donald Trump says rare earths dispute settled after Xi Jinping meeting in South Korea live updates - The Guardian - October 30th, 2025 [October 30th, 2025]
- President Donald Trump attends a dinner in his honor hosted by President Lee Jae Myung of the Republic of Korea - The White House (.gov) - October 30th, 2025 [October 30th, 2025]
- Donald Trump departs South Korea after talks with Xi Jinping - DW - October 30th, 2025 [October 30th, 2025]
- Donald Trump Is the First AI Slop President - WIRED - October 30th, 2025 [October 30th, 2025]
- Donald Trump speaks after Xi Jinping meeting in South Korea live updates - The Guardian - October 30th, 2025 [October 30th, 2025]
- Donald Trump Orders Nuclear Weapons Testing: What To Know - Newsweek - October 30th, 2025 [October 30th, 2025]
- Donald Trump will not be running for a third term in 2028, and it has nothing to do with law or politics - Yahoo - October 28th, 2025 [October 28th, 2025]
- Donald Trump's week in Asia: BBC correspondents on the wins and potential losses - BBC - October 26th, 2025 [October 26th, 2025]
- Kinzinger: East Wing demolition emblematic of how Donald Trump has run his presidency - CNN - October 26th, 2025 [October 26th, 2025]
- Donald Trump's nightmare scenario: A World Series between teams from Canada, California - The Palm Beach Post - October 26th, 2025 [October 26th, 2025]
- Xi Jinping is at his boldest and brashest. How will Donald Trump fare this week? - The Economist - October 26th, 2025 [October 26th, 2025]
- When is Donald Trump going to Malaysia? President set to participate in ASEAN 2025. - USA Today - October 26th, 2025 [October 26th, 2025]
- President Donald Trump attends a roundtable event launching the Homeland Security Task Force - The White House (.gov) - October 24th, 2025 [October 24th, 2025]
- Donald Trump sued over East Wing demolition: What to know - FOX 5 DC - October 24th, 2025 [October 24th, 2025]
- Donald Trump Is Expected to Name the New White House Ballroom After Himself: Report - People.com - October 24th, 2025 [October 24th, 2025]
- Jon Stewart Dubs Donald Trump the Imitation Crab of Kings on The Daily Show - Rolling Stone - October 21st, 2025 [October 21st, 2025]
- Diplomatic triumph or capitulation? Albanese found Donald Trump in a heavenly mood but the devil may be in the detail - The Guardian - October 21st, 2025 [October 21st, 2025]
- Donald Trump Gets Federal Court Win Over National Guard in Portland - Newsweek - October 21st, 2025 [October 21st, 2025]
- Kenny Loggins Slams Donald Trump for Using Danger Zone Song With the Sole Purpose of Dividing Us - The Hollywood Reporter - October 21st, 2025 [October 21st, 2025]
- These DOJ attorneys charging Donald Trump's critics with crimes have this is common - MSNBC News - October 19th, 2025 [October 19th, 2025]
- Xi Jinping is preparing to go toe to toe with Donald Trump and there will only be one winner | Simon Tisdall - The Guardian - October 19th, 2025 [October 19th, 2025]
- Donald Trump mocks 'No Kings' protests with AI video of himself dropping brown sludge on protesters from jet - Sky News - October 19th, 2025 [October 19th, 2025]
- Donald Trump is not on the ballot, but hes a major factor in the November elections - CNN - October 19th, 2025 [October 19th, 2025]
- Ben Shapiro: Donald Trump, the peace president - Grand Forks Herald - October 19th, 2025 [October 19th, 2025]
- Bette Midler roasts Donald Trump in 'Wind Beneath My Wings' parody for Stephen Colbert - USA Today - October 17th, 2025 [October 17th, 2025]
- What Donald Trump gets right in the Middle East - The Economist - October 17th, 2025 [October 17th, 2025]
- Gaza Update: Donald Trump Issues Fiery New Warning to Hamas - Newsweek - October 17th, 2025 [October 17th, 2025]
- Private numbers of Australian PM and Donald Trump Jr listed on website - BBC - October 15th, 2025 [October 15th, 2025]
- The shutdown, Donald Trump approval, ICE, the economy, the DOJ, and conversion therapy: October 10 - 13, 2025 Economist/YouGov Poll - YouGov - October 15th, 2025 [October 15th, 2025]
- President Donald Trump lands at Israels Ben Gurion Airport for whirlwind visit - The Times of Israel - October 13th, 2025 [October 13th, 2025]
- China tries shock-and-awe on Donald Trump - The Economist - October 13th, 2025 [October 13th, 2025]
- As Donald Trump heads to Gaza peace summit in Egypt, who is going and who isnt? - The Guardian - October 13th, 2025 [October 13th, 2025]
- Donald Trump scrambles to seal the deal in Gaza - The Economist - October 13th, 2025 [October 13th, 2025]
- Donald Trump Says He Doesn't Think He's 'Heaven-Bound' After Fundraising for Help Getting There - People.com - October 13th, 2025 [October 13th, 2025]
- Donald Trump, 79, Admits He Might Not Get Into Heaven - The Daily Beast - October 13th, 2025 [October 13th, 2025]
- Donald Trump Flies to Israel and States: The War Is Over - Newsweek - October 13th, 2025 [October 13th, 2025]
- Donald Trump jokes about his eternal fate: 'I think I am not maybe heaven-bound' - Washington Times - October 13th, 2025 [October 13th, 2025]
- Donald Trump Returned to Hospital for More Heart Tests 3 Months After Diagnosis, Physician Reveals - People.com - October 11th, 2025 [October 11th, 2025]
- President Donald Trump is in exceptional health, his doctor says, after visit to Walter Reed - AP News - October 11th, 2025 [October 11th, 2025]
- Live updates: Donald Trump says mass government layoffs will be 'Democrat-oriented' - The Hill - October 11th, 2025 [October 11th, 2025]
- A euphoric Donald Trump wins a breakthrough in the Middle East - The Economist - October 9th, 2025 [October 9th, 2025]
- Donald Trump calls Bad Bunny absolutely ridiculous choice for Super Bowl halftime show - The Athletic - The New York Times - October 9th, 2025 [October 9th, 2025]
- Donald Trump To Undergo Checkup This Week: What to Know - Newsweek - October 9th, 2025 [October 9th, 2025]
- Supreme Court Could Give Donald Trump the Power to Fire People at Will - newsweek.com - October 7th, 2025 [October 7th, 2025]
- Donald Trump, the Sports Fan - The New York Times - October 7th, 2025 [October 7th, 2025]
- President Donald Trump's approval rating by state as of October 2025 - Yahoo - October 7th, 2025 [October 7th, 2025]
- Opinion | Who Is Donald Trump Responsible To? - The New York Times - October 4th, 2025 [October 4th, 2025]
- Donald Trump Is Putting His Face on Both Sides of a New Coin. U.S. Treasury Reveals 'First Drafts' - People.com - October 4th, 2025 [October 4th, 2025]
- Donald Trump administration seeking to federalize 300 Illinois National Guard members amid Chicago ICE raids: Gov. JB Pritzker - ABC7 Chicago - October 4th, 2025 [October 4th, 2025]
- Donald Trump Is Making a Mistake That Blew Up in Thomas Jeffersons Face - Politico - October 4th, 2025 [October 4th, 2025]
- Donald Trump and the Aggressive Pursuit of a Nobel Peace Prize - Bloomberg.com - October 4th, 2025 [October 4th, 2025]
- President Donald Trump and Israeli Prime Minister Benjamin Netanyahu hold a joint press conference announcing the U.S. peace plan for Gaza - The White... - October 2nd, 2025 [October 2nd, 2025]
- Are Donald Trump Dementia Searches Being Blocked by Google? What To Know - Newsweek - October 2nd, 2025 [October 2nd, 2025]
- Donald Trump Vows to Use Shutdown to Clear Out Dead Wood - Newsweek - October 2nd, 2025 [October 2nd, 2025]
- Donald Trump tries to enlist the top brass for the war from within - The Economist - October 2nd, 2025 [October 2nd, 2025]
- President Donald Trump meets with Prime Minister Shehbaz Sharif and Field Marshal Asim Munir of Pakistan - The White House (.gov) - September 28th, 2025 [September 28th, 2025]
- Why Donald Trump is obsessed with Portland - Politico - September 28th, 2025 [September 28th, 2025]
- Donald Trump says he is deploying troops to Portland, Oregon - The Guardian - September 28th, 2025 [September 28th, 2025]
- Autistic people could teach Donald Trump a thing or two about focus, facts and empathy | Rhiannon Lucy Cosslett - The Guardian - September 28th, 2025 [September 28th, 2025]