(WASHINGTON) — In the days since President Donald Trump handed down pardons and commutations for the more than 1,500 of his supporters who participated in the Jan. 6 attack on the Capitol, federal judges in the U.S. District Court for the District of Columbia have remained essentially silent while signing off on the hundreds of now-dismissed cases that for years crowded their court dockets.
On Wednesday, three judges with the D.C. District Court broke that silence on Trump’s pardons of Jan. 6 rioters, with one eviscerating Trump’s proclamation that stated he was righting a “national injustice” that occurred through the prosecution of the pro-Trump mob.
“No ‘national injustice’ occurred here, just as no outcome-determinative election fraud occurred in the 2020 presidential election,” Judge Beryl Howell, an appointee of former President Barack Obama, said in an order Wednesday. “No ‘process of national reconciliation’ can begin when poor losers, whose preferred candidate loses an election, are glorified for disrupting a constitutionally mandated proceeding in Congress and doing so with impunity.”
She added, “That merely raises the dangerous specter of future lawless conduct by other poor losers and undermines the rule of law. Yet, this presidential pronouncement of a ‘national injustice’ is the sole justification provided in the government’s motion to dismiss the pending indictment.”
Judge Colleen Kollar-Kotelly, an appointee of former President Bill Clinton, also made clear in a dismissal order for one Capitol defendant that Trump’s sweeping pardons “will not 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,” Kollar-Kotelly wrote. “Those records are immutable and represent the truth, no matter how the events of January 6 are described by those charged or their allies.”
Kollar-Kotelly further used her order to honor the law enforcement officers who responded to the Capitol that day, which she said “cannot be altered or ignored.”
“What role law enforcement played that day and the heroism of each officer who responded also cannot be altered or ignored,” she said.
“Grossly outnumbered, those law enforcement officers acted valiantly to protect the Members of Congress, their staff, the Vice President and his family, the integrity of the Capitol grounds, and the Capitol Building-our symbol of liberty and a symbol of democratic rule around the world,” she added. “For hours, those officers were aggressively confronted and violently assaulted. More than 140 officers were injured. Others tragically passed away as a result of the events of that day. But law enforcement did not falter. Standing with bear spray streaming down their faces, those officers carried out their duty to protect.”
She closed her order, stating bluntly, “All of what I have described has been recorded for posterity, ensuring that what transpired on January 6, 2021 can be judged accurately in the future.”
Trump’s Monday order commuted the sentences of 14 people and offered “a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.” The order fulfilled a campaign promise the president repeatedly made on the campaign trail.
Howell’s statement came through her dismissal of a case against two violent Jan. 6 rioters, Nicholas DeCarlo and Nicholas Ochs, who admitted to throwing smoke bombs at officers trying to protect the Capitol building.
Howell refused to dismiss the case “with prejudice,” as requested by the U.S. attorney for the District of Columbia, which would leave open the possibility the prosecution could one day be resumed, though their statutes of limitations will run out by the end of this administration.
“This Court cannot let stand the revisionist myth relayed in this presidential pronouncement,” Howell said. “Bluntly put, the assertion offered in the presidential pronouncement for the pending motion to dismiss is flatly wrong.”
Later Wednesday, the federal judge who oversaw Trump’s criminal case related to his efforts to overturn the 2020 election joined the growing chorus of judges breaking their silence.
“No pardon can change the tragic truth of what happened on January 6, 2021,” said Judge Tanya Chutkan, another Obama appointee, in a brief order granting the dismissal of one rioter’s criminal case. “The dismissal of this case cannot undo the ‘rampage [that] left multiple people dead, injured more than 140 people, and inflicted millions of dollars in damage.’ … And it 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,” she added. “The historical record established by those proceedings must stand, unmoved by political winds, as a testament and as a warning.”
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