As President-elect Donald Trump’s inauguration nears, his plan to issue pardons to individuals involved in the January 6, 2021, Capitol riot as one of his first presidential acts is raising serious concerns, with critics warning of potentially dangerous consequences.
The “unprecedented nature” of these prospective pardons is particularly troubling because they would apply to “people who were essentially his co-conspirators in crime,” law professor Frank Bowman told HuffPost in an article published Monday.
“That’s never happened,” Bowman emphasized, underscoring the historical gravity of the situation. Bowman, a former state and federal prosecutor, and author of High Crimes & Misdemeanors: A History of Impeachment for the Age of Trump, pointed to the Republican Party’s unwillingness to challenge Trump as a key enabler of his actions.
“The American public gave Trump the figurative permission to do what he’s about to do,” Bowman said. “He didn’t hide the fact that he was very likely to issue pardons to these people; he said it repeatedly during the course of his election campaign. I think it’s unspeakably scandalous and a terrible commentary on the state of our politics. I think it’s a bad harbinger of things likely to come.”
Bowman also dismissed the likelihood of Congress taking action against Trump, even for misusing presidential powers. “We have a Republican-majority Congress that can’t even bestir itself to reject lunatics from high offices,” he remarked. “Are they going to impeach Trump for something the population has given him permission to do? Of course not.”
Bowman warned that blanket pardons for Jan. 6 rioters would set a devastating precedent. “Bottom line: Do I think this is really bad? Yeah, it’s essentially saying, henceforth, presidents who commit the gravest crimes against the Constitution, as long as they can stay in office, can use the power of the pardon to create a zone of impunity for all of their co-conspirators,” he said.
“I think that’s terrible. I think that’s deeply dangerous.” He concluded that public reaction to such a move would likely be “quite negative,” particularly given the nature of the crimes.
“A president issuing lots and lots of pardons to people who assaulted the Capitol, hurt officers—that’s going to be met with anger,” Bowman said, but added, “There’s not a darn thing anybody can do.”
As Trump prepares to re-enter the White House, Bowman’s warnings highlight growing fears of eroded accountability and unchecked executive power.