Former U.S. attorney Joe diGenova to Newsmax Monday defended President-elect Donald Trump's stance on issuing pardons and commutations to many Jan. 6 defendants, criticizing the Justice Department for its handling of the cases and alleging widespread due process violations.
DiGenova appeared Monday on Newsmax's "American Agenda" to discuss Trump's plans to issue pardons or commutations for individuals convicted in connection with the Jan. 6, 2021, Capitol protest.
"The prosecution of the Jan. 6 protesters went way beyond what was necessary to vindicate any public interest," diGenova said. He argued that while a small number of individuals deserved to face legal consequences, most defendants were subjected to unjust treatment. "What we've had here is a violation of due process of these Jan. 6 defendants."
DiGenova singled out the DOJ's handling of the case involving Lt. Michael Byrd, the Capitol Police officer who fatally shot Ashli Babbitt during the riot. He described the decision not to prosecute Byrd as "a despicable display of prosecutorial abuse," asserting that it exemplified a broader pattern of biased enforcement.
Since the protest, the DOJ has undertaken its largest investigation in history, charging more than 1,580 individuals with crimes ranging from nonviolent misdemeanors to violent felonies involving deadly or dangerous weapons, CBS News reported.
According to the Justice Department, over 1,100 cases have been fully adjudicated, and many defendants have served prison sentences.
Despite this, diGenova argued that the government's actions were disproportionate and politically motivated.
He endorsed Trump's approach to granting clemency: "Donald Trump is absolutely right to be poised to issue pardons and commutations to the vast majority of the Jan. 6 defendants."
Trump previously pledged to consider pardons for those convicted in connection with the riot, a promise that resonates with his supporters and has drawn sharp criticism from political opponents.
DiGenova's comments came as Congress convened Monday to certify Trump's victory in the 2024 presidential election. This moment was significant for many Jan. 6 defendants and their families. The prospect of clemency represents a pivotal question about accountability and justice nearly four years after the Capitol breach.
While Trump's critics have framed his stance as undermining the rule of law, his allies, like diGenova, view the pardons as a necessary corrective to what they perceive as politically driven prosecutions.
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