If Trump does follow through on his promises, there’s a few ways that it could play out. When WIRED reached Steven Metcalf, an attorney who represents several high-profile January 6 rioters, including Lang and Proud Boy Dominic Pezzola, he was contemplating what Trump’s victory could mean for his clients.
Metcalf said he was taking Trump’s promises with a grain of salt, “because that’s just what I do, until I see something, I don’t believe it.”
He had questions too. For example, who would get priority—people who had already done time, or people currently in prison. What sort of advice was Trump getting, and who was he getting it from?
“Then you have to think about the party going forwards, and ultimately, what their beliefs are regarding assault on police officers and / or destruction of property,” said Metcalfe. “Will they draw a line in the sand, or would it be a blanket pardon?”
Some January 6 defendants are already requesting delays in their criminal proceedings and ramping up appeals. Nayib Hassan, who represents Tarrio, put out a statement saying that he looks forward to “what the future holds, both in terms of the judicial process for our client and the broader political landscape under the new administration.”
Lawyers for Christopher Carnell, who was convicted of felony obstruction and four misdemeanors for the riot, requested to move Friday’s status hearing in his case to December, citing Trump’s clemency promises. (This motion was denied.)
Lawyers for Jaimee Avery, who is facing misdemeanor charges in connection with the riot, have also requested a delay in criminal proceedings—for different reasons. “It would create a gross disparity for Ms. Avery to spend even a day in jail when the man who played a pivotal role in organizing and instigating the events of January 6 will now never face consequences for his role in it,” they wrote.
Fellows, for his part, feels particularly confident because he was convicted on non-violent crimes, including obstruction of justice, which the Supreme Court ruled earlier this year had been applied in an overly broad fashion with regards to the January 6 cases. “It will be cool to walk around being like, hey I’m pardoned by the president.”
He told WIRED he’d been sitting by his window in his apartment in D.C. and gloating to passers by about Trump’s victory. “I’ve been getting some dirty looks,” he says.
“HEY DONALD TRUMP WON, WE DID IT, HEY WE DID IT GUYS, UP HERE,” Fellows shouted, cackling. “THEIR BODY, OUR CHOICE, AMIRITE.”