This afternoon, President Trump issued pardons to 27 individuals charged and convicted of FACE act violations. The FACE – Freedom of Access to Clinic Entrances – act criminalized protests outside of abortion clinics.
Among those pardoned are Eva Edl: An 89-year-old Holocaust survivor. Bevlyn Williams: A young mother who was sentenced to nearly four years in jail. Fidelis Moscinski: a Franciscan friar who received 6 months in jail. Paul Vaughn: A father of 11
L-R: Eva Edl, Bevlyn Williams, Fidelis Moscinski
The remainder of those pardoned include:
Lauren Handy (57 months in prison)
John Hinshaw (21 months)
Jonathan Darnell (34 months)
Herb Geraghty (27 months)
Jean Marshall (24 months)
Joan Bell (27 months)
Paulette Harlow (24 months)
Bevelyn Beatty Williams (3 years)
Heather Idoni
Calvin Zastro
There had been some confusion and consternation about these pardons. There were false reports that some pardons had already been issued when they had not. More people were upset that it was taking so long. All I can say is thank God that they happened, regardless of timing or any other factor.
This irritates me. There are 22 J6 pardonees being held in pre-trial detention at the Wahington DC department of corrections jail. They are being held there because there is not a federal detention center in the DC area.
They were all subjects of the pardons issued by President Trump yesterday. Unlike those held by the Federal Bureau of Prisons – who released all of their pardonees by midnight last night – the ones held at the DC jail have not been released yet.
According to Bill Shipley, a former federal prosecutor turned defense attorney who repped several dozen J6 defendants this is illegal. From his Twitter:
I’m just now getting up to speed on the problems at DOC in the District.
This is UNBELIEVABLE.
These defendants now have a civil rights suit against DC.
The pardon’s were dated yesterday – 1/20. Any lawful authority to keep a defendant in custody ended at 11:59 pm.
Beyond that it was an “unlawful seizure” in violation of the 4th Amendment.
Defendants are housed at DOC under a contract with the U.S. Marshal’s Service because there is not U.S. Govt holding facility in DC.
The U.S. Marshal for the District of Columbia is a Presidential Appointee, and the USMS is part of the Justice Department. So, what is apparently happening now is the Trump DOJ has directed the USMS to go into the DOC and physically remove those J6 defendants still being held.
If I was giving the instructions, I would have DOC officials removed in handcuffs and taken across the river to EDVA to be held pending a investigation into Sec. 242 violations.
As Sen. Lee posted yesterday — maybe it is time for Congress to revisit “Home Rule” in DC.
The DC jail has been known for terrible conditions and extremely poor treatment of J6 defendants. I do not understand what the DC DOC stands to gain by this intransigence. All they’re doing now is stacking civil rights lawsuits and payouts for all those being illegally held.
In what I can only assume was a cynical ploy to avoid media attention, the outgoing administration issued a boatload of pardons in the last hours of Joe Biden’s Presidency.
In the first round of pardons, announced fairly early this morning were Anthony Fauci, Mark Milley – more about this one in a bit -, the J-6 committee and staff and any of the local DC/capitol cops that testified to the committee.
Liz Cheney and Adam Kinzinger both received pardons as part of the Committee. While I am not sure about what crimes Kinzinger may have committed, Cheney has – prima facie – committed witness tampering with regards to Cassidy Hutchens.
The Milley pardon is interesting to me for a couple of reasons. Firstly because there has never been a Presidential pardon of a General or Admiral in the history of the US. There was a general amnesty issued by Andrew Johnson at the end of the Civil War, but that was not a pardon. The second issue I have is that Milley can be recalled and tried under the UCMJ. As most of you know, the UCMJ exists outside of the regular justice system. That fact makes me question the legitimacy of Milley’s pardon.
Among those pardoned in the second drop were members of his family. Specifically those long suspected of being part of the Biden Crime family bribery and pay-for-play schemes. This drop happened just as the Trump Inaugural ceremonies were beginning. The timing of this drop, even more than the early morning announcement of the other pardons raises questions for me.
Remember when Biden was going to restore norms and all that? Me too, good times. Instead, he smashed all the norms with this pardon-palooza. (Maybe I should start a music festival and call it pardon-palooza, bring in all conservative musicians and stuff.) He also destroyed any semblance of the whole “Joe is a decent guy” narrative. He has now exposed his petty, angry, bitter self for those who have eyes to see.
Unlike a lot of people I’ve seen comment about this topic today, and frankly since Hunter got his pardon, I do not doubt the legality of these pardons. The Constitution is pretty clear on the subject. Article II section 2 clause 1 says:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
That seems pretty clear-cut to me. There are no restrictions, no limitations. He SHALL have the power. . .
Do I like it? No. I think it sets a very bad precedent. Pardons should never be wielded like this. But, sauce for the goose and all. The stage is set for this from now on. Expect a lot of J-6 convicts to get pardoned in the coming weeks.
