Every Jan. 6 prisoner who Donald Trump did not pardon

Returning President Donald Trump has pardoned or vowed to dismiss the cases of almost every one involved in the January 6, 2021, attack on the U.S. Capitol.

It means more than 1,500 people, including people convicted of assaulting police officers, will no longer be charged with those crimes.

Fourteen of those involved, listed below, were not pardoned but instead had their sentences commuted, meaning those still incarcerated can be released from prison.

Why It Matters

Donald Trump immediately making good his promise to pardon those involved in the January 6, 2021, attack on the U.S. Capitol building demonstrates the clash in how the new executive and the justice system view the riot.

Most sentences were given for relatively low-level offenses, such as illegally parading or demonstrating in the Capitol. Trump has drawn a line in commuting rather than pardoning these 14, who were convicted of more serious charges such as seditious conspiracy.

The FBI has spent the past 4 years tracking down people who were involved in the violent attempted overthrow of the 2020 election results. Four people died during the riots, and five police officers died following it. Four of those officers took their own lives, and one died of a stroke following injuries sustained at the scene.

Stewart Rhodes

Former head and founder of the Oath Keepers Elmer Stewart Rhodes III was sentenced in 2023 to 18 years for seditious conspiracy, obstruction of an official proceeding and tampering with documents and proceedings. At the time, Rhodes said he was a “political prisoner.”

The Oath Keepers, founded in 2009, is one of the largest anti-government, far-right organizations in the U.S., according to the Southern Poverty Law Center (SPLC).

Prior to January 6, Rhodes posted to the Oath Keepers website saying: “It is CRITICAL that all patriots who can be in D.C. get to D.C. to stand tall in support of President Trump’s fight to defeat the enemies foreign and domestic who are attempting a coup, through the massive voter fraud and related attacks on our Republic. We Oath Keepers are both honor-bound and eager to be there in strength to do our part.”

At his prosecution, federal prosecutor Kathryn Rakoczy said: “Mr. Rhodes led a conspiracy to use force and violence to intimidate and coerce members of our government into stopping the lawful transfer of power following a presidential election. As the court has just found – that is terrorism.”

Kelly Meggs

The former head of the Oath Keepers’ Florida chapter was sentenced to 12 years in prison for seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings in 2023.

In a release at the time, the Justice Department (DOJ) said he and Rhodes had plotted “to oppose, by force, the lawful transfer of presidential power,” using encrypted messages to coordinated travel to Washington, D.C., on or around January 6, 2021.

Meggs played a pivotal role at the riots that followed through coordinating activities outside of the Capitol building alongside Rhodes, the DOJ said.

Kenneth Harrelson

Harrelson, another member of the Oath Keepers who stormed the Capitol building, was sentenced to 4 years for obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings.

Per the DOJ, Harrelson was part of a group that “employed a variety of manners and means, including: organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.; recruiting members and affiliates; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, batons, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment – to the Capitol grounds.”

Jessica Watkins

Another member of the Oath Keepers, and the founder of an Ohio offshoot militia group, Watkins was sentenced to 8.5 years for her role in the riots.

Watkins was found guilty of mobilizing her militia group to storm the Capitol in tactical gear. She was sentenced under conspiracy to obstruct an official proceeding.

Thomas Caldwell

Retired Navy intelligence officer Caldwell was cleared earlier this month of the most serious charges he faced over the January 6 attack.

Caldwell was acquitted by a federal jury of seditious conspiracy and two other conspiracy offenses in one of the most serious cases brought by the Justice Department. One of two counts he was found guilty on at trial was dismissed in light of a U.S. Supreme Court ruling last year.

He served 53 days in prison for his remaining obstruction of justice offense conviction for deleting messages after the riot.

Per his sentencing memo, Calwell said, “[I] heard that Pence f*cked us . . . so I grabbed up my American flag and said let’s take the damn capitol…let’s storm the place and hang the traitors.” He described the riot as a “great time.”

Roberto Minuta

Oath Keepers member, Minuta was sentenced in June 2023 to 54 months in prison for seditious conspiracy charges.

He was also charged with conspiracy to obstruct an official proceeding, and obstruction of an official proceeding conspiracy to prevent Congress members from discharging their official duties on January 23.

Joseph Hackett

Another Oath Keeper, Hackett was sentenced in June 2023 to 42 months in prison and 36 months of supervised release for seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding conspiracy to prevent Congress members from discharging their official duties on January 23, and destruction of evidence.

Edward Vallejo

Oath Keeper member Vallejo was sentenced alongside Hackett and Minuta, to 36 months in prison, with the first year to be spent under home confinement.

He was convicted on charges of seditious conspiracy, conspiracy to obstruct an official proceeding, and obstruction of an official proceeding conspiracy to prevent Congress members from discharging their official duties.

David Moerschel

Moerschel was charged alongside fellow Oath Keeper members Vallejo, Hackett, and Minuta.

He was given 36 months in prison for the same charges of seditious conspiracy, conspiracy to obstruct an official proceeding, and obstruction of an official proceeding conspiracy to prevent Congress members from discharging their official duties on Jan. 23.

Ethan Nordean

Nordean was a leader of the Proud Boys group and was sentenced to 18 years in prison and 36 months of supervised release for his role in the January 6 riot.

Nordean was convicted of felonies, including: seditious conspiracy, obstruction of an official proceeding and conspiracy to prevent members of Congress or federal officers from discharging their duties.

Proud Boys has been labelled as a “general hate” group by the SPLC. A specific branch of the Proud Boys who called themselves the “Ministry of Self Defence,” played a pivotal organizational and violent role in the attempted insurrection, according to prosecutors.

“In the days leading to Jan. 6, Nordean and other leaders of the Ministry of Self-Defense hand-selected co-defendant Pezzola and others known as “rally boys” to participate in the attack on the Capitol that day,” the DOJ said in a news release in September 2023, shortly after he was sentenced.

“This group established a chain of command, chose a time and place for their attack and intentionally recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.”

Dominic Pezzola

Pezzola, another Proud Boys leader, was charged alongside Nordean to 10 years in prison for obstructing justice and ‘conspiracy to prevent members of Congress or federal officers from discharging their duties before and during the breach of the U.S. Capitol on Jan. 6, 2021.’

Per the DOJ, Pezzola was instrumental in leading recruits into the Capitol on January 6, and surged past officers who were working to contain the mob. Pezzola himself smashed open a window in the Capitol to allow rioters to enter the building.

Joseph Biggs

Another Proud Boys leader, Biggs was sentenced to 17 years for seditious conspiracy and other related charges.

Biggs was also in the so-called Ministry of Self Defense group, and said the riot was a “warning shot to the government –look, we started this country this way and we’ll f*ckin’ save it this way.”,

Zachary Rehl

Rehl was charged alongside fellow Proud Boy Joseph Biggs to 15 years for seditious conspiracy and other related charges.

Rehl posted over social media that January 6 was a “historic day,” and that he was “so f*cking proud” of the Proud Boys’ “raid of the capitol.”

Jeremy Bertino

Jeremy Bertino, another former Proud Boys leader, pled guilty in 2022 to seditious conspiracy charges.

Bertino was not present at the actual riot because he was recovering from being stabbed at another Proud Boys riot in December, 2020; however he participated in the encrypted chats set up by the Ministry of Self Defence, and was a key organizer behind the January 6 insurrection attempt, prosecutors said.