If Trump does follow through on his promises, there are 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 Trumpâs victory could mean for his clients.
Metcalf said he was taking Trumpâs promises with a grain of salt, âbecause thatâs just what I do. Until I see something, I donât believe it.â
He had questions too. For example, who would get priorityâpeople who had already done time or people currently in prison. What sort of advice was Trump getting, and who was he getting it from?
âThen 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,â said Metcalfe. âWill they draw a line in the sand, or would it be a blanket pardon?â
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 âwhat the future holds, both in terms of the judicial process for our client and the broader political landscape under the new administration.â
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 Trumpâs 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 proceedingsâfor 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,â they wrote.
Fellows, for his part, feels particularly confident because he was convicted of nonviolent 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. âIt will be cool to walk around being like, hey, Iâm pardoned by the president.â
He told WIRED heâd been sitting by his window in his apartment in DC and gloating to passersby about Trumpâs victory. âIâve been getting some dirty looks,â he says.
âHEY, DONALD TRUMP WON. WE DID IT. HEY, WE DID IT GUYS. UP HERE!â Fellows shouted, cackling. âTHEIR BODY, OUR CHOICE, AMIRITE?â