As Jan. 6 defendants anticipate pardons from President-elect Donald Trump, there are indications that the FBI is winding down any further investigations of the attack on the Capitol in 2021.
According to sources at the FBI, Jan. 6 cases still being investigated “are dead.”
“They’re not going anywhere. They’re dead. They’re going to be closed, because they still have some in the pipeline,” an FBI source said.
“Basically, right now, everyone [is asking], ’Why the hell are you prosecuting?” another Bureau source said. “They’re all going to be pardoned anyway, so it’s an informal shutdown.”
The FBI has 9 videos of suspects wanted for violent assaults on law enforcement agents or officers stemming from Jan. 6, according to the U.S. Attorneys’ Office for the District of Columbia. The FBI is also looking for “known fugitives” from that day.
The Washington Times reached out to the FBI for comment.
The Jan. 6 cases in the pipeline involve individuals the FBI had been investigating but had not been arrested yet for their alleged involvement related to the Jan. 6 Capitol riot.
Mr. Trump has repeatedly declared on the campaign trail he would pardon Jan. 6 rioters and denounced the Justice Department’s investigation.
These pardons, his campaign said at the time, would be decided on a “case by case basis.”
The Justice Department charged more than 1,500 people related to Jan. 6. More than 570 are contending with felony charges of assaulting or impeding law enforcement and may see their cases dropped.
The U.S. Attorney’s Office said 979 individuals have pleaded guilty to charges from Jan. 6, including approximately 318 defendants guilty of felonies and 661 for misdemeanors.
Another 210 individuals have been found guilty at trial, including 10 who were found guilty of seditious conspiracy.
Of those, 645 people have been sentenced to varying terms in prison.
Some Jan. 6 defendants are hoping Mr. Trump will follow through with his pledge to eliminate the convictions on their records or free them from prison when he is back in the White House.
Christopher Carnell, a convicted rioter, requested from a federal judge to push back the date of a hearing in his case, reasoning that he believes he will receive “clemency” from Mr. Trump.
“Throughout his campaign, President-elect Trump made multiple clemency promises to the Jan. 6 defendants, particularly to those who were nonviolent participants,” Mr. Carnell’s lawyers wrote.
“Mr. Carnell, who was an 18-year-old nonviolent entrant into the Capitol on Jan. 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.”
DC district Judge Beryl A. Howell denied the request. However, other attorneys representing Jan. 6 defendants plan to seek clemency from Mr. Trump for their clients after the president-elect is sworn in.
The Justice Department is also winding down its own Jan. 6 election interference case against Mr. Trump.
U.S. District Court Judge Tanya Chutkan is granting special counsel Jack Smith’s request to cancel pretrial deadlines in the election subversion case against Mr. Trump as the government finds a way to deal with his victory and looming inauguration.
Mr. Smith is winding down his cases against Mr. Trump because of a policy that dictates sitting presidents aren’t liable for criminal prosecution.
A motion filed with Judge Chutkan on Friday said the government is deliberating its steps ahead of the Jan. 6 certification of Mr. Trump’s win and the Jan. 20 inauguration
• Kerry Picket can be reached at kpicket@washingtontimes.com.