Some January 6 defendants were reportedly not released from a Washington, D.C. jail on Monday night, following President Donald Trump’s sweeping Executive Order offering full pardons, dismissals, or commutations to nearly all defendants.
A White House liaison showed up at the jail late Monday and said two brothers, Andrew Valentin, 26, and Matthew Valentin, 31, had been released, per Trump’s order.
However, people gathered outside the jail said there were other defendants still inside:
In a somewhat bizarre scene just now, a person saying he’s a liaison from the White House came to the DC Jail and announced that the January 6 pardon releases here occurred, but that only two people came out.
Confusing situation as dozens more presumably inside. pic.twitter.com/q5QTPKkMC1
— Ford Fischer (@FordFischer) January 21, 2025
A possible explanation was posted on X by WUSA 9 investigative reporter Jordan Fischer. Basically, Trump’s order gave full pardons to almost everyone convicted of J6-related crimes. However, if someone is in jail and still awaiting trial, their case, per the order, will be dismissed. The dismissal of such cases could take longer to process, according to Fischer.
“Trump’s order pardoned people *convicted* of crimes related to Jan. 6. Defendants still awaiting trial or sentencing — the vast majority at the jail — have not been pardoned,” he wrote. “Trump ordered their cases dismissed. That’s not going to happen at 11 p.m. on a federal holiday.”
Notably, the two men who were released from the jail had been recently convicted.
Trump’s order pardoned people *convicted* of crimes related to Jan. 6.
Defendants still awaiting trial or sentencing — the vast majority at the jail — have not been pardoned. Trump ordered their cases dismissed. That’s not going to happen at 11 p.m. on a federal holiday. https://t.co/xCObUvHOF7
— Jordan Fischer (@JordanOnRecord) January 21, 2025
“The confusion is understandable,” Fischer added. “Pardoning is something the president can do by fiat. Dismissing a federal case requires a U.S attorney to file a motion with the presiding judge, who then must grant the motion and order the defendant’s release.”
The confusion is understandable. Pardoning is something the president can do by fiat. Dismissing a federal case requires a U.S attorney to file a motion with the presiding judge, who then must grant the motion and order the defendant’s release. https://t.co/YwGh0ocR8J
— Jordan Fischer (@JordanOnRecord) January 21, 2025
Here’s the language from Trump’s executive order about such cases: “I further direct the Attorney General to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021. The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive.”
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Utah Sen. Mike Lee (R), though, has excoriated the D.C. jail for not releasing all defendants immediately. Lee said he’s working to verify why the delay is happening, and said D.C.’s “Home Rule” should be repealed:
Did DC prison officials only release TWO J6 prisoners after Trump pardoned 1500? @SenMikeLee tells me this appears to be TRUE: “From what we can tell, they haven’t complied with it yet. It’s yet another reason to revisit DC’s Home Rule, which I think should be repealed.” pic.twitter.com/y4XY1uzgjy
— Glenn Beck (@glennbeck) January 21, 2025
Related: Trump Issues Full Pardon To Nearly All J6 Defendants, Could Be Released From Prison ‘Tonight’