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The next Democratic President should pardon the remaining 1/6ers. [1]
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Date: 2025-01-27
Much ink has been written about the pardons of all the January 6 defendants. But what people have been missing is that not all of them were pardoned.
All of the people who were convicted of seditious conspiracy did not receive a pardon. They received a sentence commutation, so their sentences were left intact, just considered served in full.
In case anyone doesn’t understand the difference, a person who accepts a pardon loses the ability to plead the 5th when asked to testify.
But a commutation leaves that 5th amendment protection in place. This is not a new practice. In fact, George Bush did exactly this, likely to protect Dick Cheney from prosecution.
So if a House of Congress changes control in the next 2 years, Democrats could call those pardoned people to testify about January 6, and they would have no way to assert a privilege to refuse to testify.
But those individuals who received sentence commutations CAN assert a 5th amendment protection against testifying, and Trump will likely still be in office when the statute of limitations expires. So when a Democratic President (or a conscientious Republican one does) assumes the office, they should issue full pardons for those individuals and see if any accept, and then invite them to testify in front of Congress to finally find out the truth regarding Trump’s involvement in this.
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