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Can Trump pardon Capitol rioter Richard Barnett?

Trump said one of his first plans as president was to "free the January 6 hostages being wrongfully imprisoned."
Credit: AFP via Getty Images
TOPSHOT - A supporter of US President Donald Trump sits inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. - Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)

WASHINGTON D.C., DC — Richard "Bigo" Barnett of Gravette, who was involved in the Jan. 6 Capitol riot, has asked for his appeal to be placed on hold, according to court documents filed on Nov. 18, 2024. This comes after Donald Trump won the 2024 Presidential Election, campaigning on a promise to pardon convicted Capitol rioters.

"My first acts as your next president will be to Close the Border, DRILL, BABY, DRILL, and Free the January 6 Hostages being wrongfully imprisoned," wrote Trump on Truth Social

Barnett was convicted of entering the U.S. Capitol alongside other rioters while carrying an American flag and a stun gun walking stick on Jan. 6, 2021. The federal judge called Barnett a "face of January 6" at his sentencing hearing, referencing the photo widely circulated showing him with his legs propped up on Nancy Pelosi's desk. 

On May 24, 2023, Barnett was found guilty of his involvement in the Jan. 6, 2021, riot and was sentenced to 4.5 years. Barnett began serving this sentence on Aug. 1, 2023, in a prison near Dallas.

Barnett filed an appeal against his conviction, which federal prosecutors said they did not plan to fight, according to court documents. 

Before Trump's victory, officials said Barnett was facing a less severe sentence and could be released earlier than expected. There was no time frame on when a judge could rule on that, but Trump's presidential win raises new questions. 

Could Trump Pardon Barnett?

According to Article II, Section 2, Clause 1 in the U.S. Constitution, a president has the authority "to grant Reprieves and Pardons for Offences against the U.S."

According to our Verify team, once Trump is inaugurated as president, he will have the authority to pardon "all of the people who have been convicted of federal offenses in connection to the Jan. 6, 2021 riot."

Barnett is among 1,230 people charged with rioting at the U.S. Capitol. 

Click here to learn more.

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