It finally happened. One year ago, on his very first day back in the Oval Office, Donald Trump took his pen and wiped the slate clean for nearly 1,600 people involved in the Capitol riot. The fallout hasn't stopped. Honestly, it’s been a whirlwind of legal filings, cable news shouting matches, and some very awkward hallway walks for GOP leadership.
The phrase Senate Republicans say Trump can pardon Jan. 6 protesters used to be a hypothetical debate. Now? It’s a reality we’re all living with in 2026. While the headlines make it sound like one big happy family, the truth is way more complicated. You’ve got a massive divide between the MAGA faithful and the old-school "law and order" crowd.
The Day the Gavel Dropped
January 20, 2025, changed everything for the American legal system. Trump didn't just pick a few names out of a hat. He went big. A blanket pardon. Well, mostly blanket.
Around 1,600 people got their freedom or their records cleared. We’re talking about everyone from the guys who just wandered through the Statuary Hall to the leaders of the Proud Boys and Oath Keepers. While some sentences were just commuted—meaning they got out of prison but kept the felony on their record—most walked away with a full pardon.
"Release 'em all," Trump reportedly told his advisors. It was a bold move. Maybe the boldest of his career.
Who Actually Got Out?
The list was a who’s who of January 6th fame.
- Enrique Tarrio: The Proud Boys leader who wasn’t even at the Capitol that day but was serving a massive sentence for seditious conspiracy.
- Stewart Rhodes: The Oath Keepers founder.
- Jacob Chansley: Better known as the "QAnon Shaman."
Not everyone was happy about it. Even some people who received the pardons were weirdly salty. Take Pamela Hemphill, for example. She actually rejected her pardon. She said she was guilty and didn't want to be part of what she called "gaslighting." Talk about a plot twist.
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Why Senate Republicans Say Trump Can Pardon Jan. 6 Protesters
Here is where the politics get really sticky. If you ask a Republican Senator today if they support the move, you’ll get three different answers depending on who you catch.
First, you have the "Absolute Authority" camp. This group, led by folks like Senator Bernie Moreno of Ohio and Cynthia Lummis of Wyoming, basically says the President has the power, so he should use it. Lummis famously said she was "so glad those people are out of jail." They argue that the Department of Justice was "weaponized" under Biden and that these pardons were just a way to balance the scales of justice.
Then there’s the "Surgical" group. This is where most of the leadership sits. Senate Majority Leader John Thune and Senator Kevin Cramer have been walking a tightrope. Cramer said he would’ve preferred a "more surgical approach." Basically, he wanted Trump to look at them case-by-case. He isn't exactly thrilled that people who hit cops got a free pass, but he’s not going to start a civil war over it.
Finally, you’ve got the "Never" crowd. It’s a small group, but they’re loud. Lisa Murkowski and Susan Collins haven't held back. Collins even shared a story about a police officer who sent her a video of his assault from that day. She was blunt: "People who committed violent crimes... should not be pardoned."
The Power of the Pen
Legally, there isn't much anyone can do. The Constitution gives the President almost unlimited power to pardon for federal crimes. It doesn't matter if the crime was trespassing or sedition. If the President signs the paper, the case is closed.
Senate Republicans say Trump can pardon Jan. 6 protesters because, frankly, the Constitution says he can. Whether he should is a different question entirely.
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The 2026 Legal Chaos: Lawsuits and Refunds
You might think a pardon is the end of the story. Nope. Not even close.
In the last year, we’ve seen a weird new trend: pardoned protesters suing the government. Since they were pardoned, some of them—like Joe Biggs and Dominic Pezzola—are now arguing they were "political prisoners." They are seeking $100 million in restitution.
Wait, it gets crazier.
Some of these guys are actually asking for their restitution money back. They paid fines for breaking windows or damaging the Capitol, and now they want a refund. Senate Democrats like Dick Durbin and Alex Padilla are losing their minds over this, calling it an attempt to "enrich themselves at taxpayer expense."
Breaking Down the Republican Logic
To understand why the GOP is mostly sticking by Trump on this, you have to look at their view of the 2021-2024 era. To many in the party, the "J6" prosecutions were a "grave national injustice."
They point to things like:
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- Selective Prosecution: They argue that BLM protesters in 2020 weren't treated as harshly.
- Due Process: Claims of solitary confinement and "weaponized" DOJ tactics are common refrains.
- National Reconciliation: Trump himself framed the pardons as a way to "heal" the country.
Of course, if you ask the police officers who were there, "healing" isn't the word they’d use. Former Sergeant Aquilino Gonell has been vocal, saying the pardons try to "erase" what he and his colleagues went through.
What This Means for the Future of Law and Order
The GOP used to be the party of "Back the Blue." That’s gotten a bit complicated lately. When Senate Republicans say Trump can pardon Jan. 6 protesters, they are effectively prioritizing the "political prisoner" narrative over the "support law enforcement" one.
One anonymous House Republican put it best: "When you say we support law enforcement and then you pardon all the guys who beat the s— out of law enforcement officers, not sure that paints the right picture."
The Recidivism Problem
There’s also the issue of what happens next. A few of the people Trump pardoned have already found their way back into the news for the wrong reasons. We’ve seen reports of pardoned individuals being arrested for new crimes, including terroristic threats and even a deadly drunk-driving crash. Each time this happens, it puts Senate Republicans in a tough spot. They have to defend the pardon power while distancing themselves from the individuals.
Actionable Insights: What You Should Know
If you're trying to keep track of this saga, here are the three things you need to watch as we head through 2026:
- The Federal Tort Claims Act (FTCA) Lawsuits: Keep an eye on the courts. If a judge actually awards money to a pardoned Jan. 6 protester, it will trigger a massive legislative battle in the Senate.
- The "J6" Select Subcommittee: House Republicans have started their own committee to "investigate the investigators." This is where the narrative for the 2026 midterms is being built.
- Primary Challenges: Watch out for "Old Guard" Republicans who spoke out against the pardons. They are likely to face primary challengers who are much more aligned with the "Release 'em all" philosophy.
The debate over the pardon power has moved from the law books to the campaign trail. It’s no longer about what is legal—it’s about what is "just." And in 2026, those two things seem further apart than ever.
The most effective way to stay informed is to monitor the specific legal filings of the "Alternate Electors" and high-profile group leaders, as their cases often set the precedent for the smaller defendants. Following the Senate Judiciary Committee’s hearings on DOJ oversight will also provide the clearest picture of how the administration intends to handle future clemency requests.