Key Takeaways:
– Over 1,500 Jan. 6 criminal defendants, pardoned by Trump, may face further legal issues.
– Some prosecutors are exploring state or local charges, particularly for those alleged to have committed violent crimes.
– Philadelphia DA Larry Krasner hinted at the possibility of bringing state election charges.
The Trump-Pardoned Jan. 6 Defendants – Further Charges Loom?
After a glimmer of hope provided by President Donald Trump’s clemency, uncertainty looms for some of the over 1,500 Jan. 6 defendants, who may be far from closing their legal chapters. Currently, some state and local prosecutors are examining whether to bring additional charges against these individuals, especially those linked to violent crimes.
Could ‘Criminal Loophole’ Bring More Charges?
Based on recent developments, it seems that these individuals’ reunion with freedom could be short-lived. The key might be a so-called ‘criminal loophole’ that Philadelphia District Attorney Larry Krasner has mentioned.
The strategy here entails exploring state election charges against some of these defendants instead of relying solely on federal charges. As the law currently stands, pardons granted by the President only apply to federal crimes, not state or local ones.
Possible State or Local Charges for Violent Crimes
One major area of investigation for prosecutors is individuals accused of violent actions during the Jan. 6 events. Any pardons granted by Trump wouldn’t necessarily safeguard these individuals from charges at the state or local level.
While the concept of dual sovereignty allows state and federal governments to bring charges for the same crime, it has to be proven that the crime affected both jurisdictions. This can be a complex process and may not always be successful.
Layered Legal Issues Await Some Defendants
The road ahead doesn’t look smooth for many of these defendants. Depending on the outcome of the state and local charges, they could face double jeopardy.
Double jeopardy refers to legal proceedings where an individual is tried twice for the same crime. But it’s important to note that this only applies within the same jurisdiction, such as if a person was tried twice for the same crime in the same state.
Importance of Local Prosecutors
Local and state prosecutors are significant players when it comes to enforcing the law, especially in a federal system where the power is divided between federal and state governments.
These prosecutors can charge offenders under state laws, even for those pardoned at a federal level.
In Conclusion: Uncertain Future for the Pardoned
While President Trump’s pardons gave a brief respite to some of the pardoned, due to the possibility of state or local charges, their legal tribulations may not be over. They may have to prepare themselves for another round of legal battle at the state or local level.
Will the prosecutors successfully go down this path? Only time will tell. But what remains clear is that the final chapter in the Jan. 6 defendants’ saga is yet to be written.