Trump Discusses Pardons and Judicial Remarks on January 6 Events
President Donald Trump discussed the pardons of January 6 defendants and the critical remarks made by judges about the events of that day, emphasizing the question of trial fairness.
President Donald Trump recently addressed the pardoning of January 6 defendants during an appearance on 'Hannity.' His decisions to issue pardons have drawn significant criticism, particularly regarding the characterization of individuals prosecuted for their involvement in the Capitol riot as dangerous criminals.
Critics argue, "President Trump has released hundreds of dangerous criminals from prison," which raises the question of whether it is fair to label everyone involved in the legal proceedings as "criminals" given the circumstances surrounding their trials.
Although trials occurred, they often featured jurors from what many consider to be an anti-Trump jury pool, which could compromise the fairness of the proceedings. Some defendants opted for bench trials, where judges, including those appointed by Republicans, would render verdicts—potentially providing a fairer outcome.
Historically, bench trials have been uncommon in the cases related to January 6. However, defense attorneys faced with the Washington, D.C. jury pool recommended these trials, and in five events I participated in, judges requested that prosecutors skip evidence about the day of the insurrection, indicating pre-existing biases.
Several judges in the District of Columbia voiced strong opinions regarding Trump's sweeping pardons, revealing their attitudes towards the events of January 6:
- District Judge Beryl Howell: No 'national injustice' occurred, as far as election fraud claims are concerned.
- District Judge Colleen Kollar-Kotelly: Thousands of records preserve the events of that day and represent an immutable truth.
- District Judge Tanya Chutken: No pardon can alter the tragic reality of what unfolded on January 6.
- District Judge Amy Berman Jackson: Upholding the rule of law is more critical than any proclamation.
- District Judge Paul Friedman: The assertion of a national injustice is factually incorrect.
This commentary from judges illustrated a lack of neutrality that could impact the fairness of trials. Nonetheless, faced with the decision to waive the right to a jury trial or to risk bias from judges, I still advise opting for a bench trial. The overarching bias of the Washington jury pool necessitates this approach.
When critics assert the fairness of the convictions underlying Trump's pardons, they overlook the lack of fairness in the trials themselves, undermining their claims.
