A day after President Trump issued pardons or sentence commutations for all January 6 defendants (Promise Kept: With the Stroke of a Pen, President Trump Issues Mass Pardons for J6 Defendants – RedState), a large number of them remained confined in the DC jail.
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A few inmates had been released from the D.C. jail in Southeast by midday Tuesday, as a crowd of frustrated supporters awaited additional releases. Officials repeatedly said more inmates would be released soon.
Republican Rep. Andy Biggs, Rep. Lauren Boebert and Rep. Chip Roy were outside the jail.
“Let our people go!” supporters chanted for hours as they watched the front door.
The authority to hold these prisoners expired at midnight on Monday. The Fourteenth Amendment clearly states that the government can’t “deprive any person of life, liberty, or property, without due process of law.” Instead, they were subject to unlawful detention that is nearly indistinguishable from kidnapping or abduction.
This is from RedState columnist and former contributor Bill Shipley, who represented several dozen January 6 defendants and who is not given to hyperbole:
I’m just now getting up to speed on the problems at DOC in the District.
This is UNBELIEVABLE.
These defendants now have a civil rights suit against DC.
The pardon’s were dated yesterday – 1/20. Any lawful authority to keep a defendant in custody ended at 11:59 pm.
Beyond…
— Shipwreckedcrew (@shipwreckedcrew) January 21, 2025
I’m just now getting up to speed on the problems at DOC in the District.
This is UNBELIEVABLE.
These defendants now have a civil rights suit against DC.
The pardon’s were dated yesterday – 1/20. Any lawful authority to keep a defendant in custody ended at 11:59 pm.
Beyond that it was an “unlawful seizure” in violation of the 4th Amendment.
Defendants are housed at DOC under a contract with the U.S. Marshal’s Service because there is not U.S. Govt holding facility in DC.
The U.S. Marshal for the District of Columbia is a Presidential Appointee, and the USMS is part of the Justice Department. So, what is apparently happening now is the Trump DOJ has directed the USMS to go into the DOC and physically remove those J6 defendants still being held.
If I was giving the instructions, I would have DOC officials removed in handcuffs and taken across the river to EDVA to be held pending a investigation into Sec. 242 violations.
As Sen. Lee posted yesterday — maybe it is time for Congress to revisit “Home Rule” in DC.
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We are live on the scene outside of the Washington DC correction facility where the January 6. Prisoners are still being held even after Donald Trump issued a pardon for them. pic.twitter.com/I3IlRKRbjo
— Fabian Garcia – Break Away USA (@fabian_1776) January 21, 2025
Message from Jan 6 defendant inside the DC jail, Dominic Box: pic.twitter.com/SBoPx33l03
— Lara Logan (@laralogan) January 21, 2025
The last of the J6 prisoners held in the DC jail were released late last night, but the fact they were released cannot remove the fact that they were the victims of a criminal conspiracy to keep them in custody when they should have been freed. Nothing can give them that day of lost freedom back.
While the actions in DC virtually scream of a conspiracy to drag out the punishment of men and women entitled to release, the problem seems to have been widespread within the Federal Bureau of Prisons.
Yes. This BOP facility is holding Matthew DaSilva, pardoned by President Trump. He has not yet been released. We are trying calls and emails but no response. 3 people are waiting for Matt outside the facility.https://t.co/XjnHhFc1me
— Marina Medvin 🇺🇸 (@MarinaMedvin) January 21, 2025
Don Hazard was released late Tuesday afternoon.
Don Hazard is free at last! Praise God! 🇺🇸 pic.twitter.com/OCN7czYNi6
— Jenny Cudd J6 🇺🇸 (@JennyTexas1) January 21, 2025
There were dozens of similar cases from around the country where Federal prison officials unlawfully imprisoned American citizens on a whim or out of some petty revenge-seeking exercise.
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At this point, the only J6 prisoners still in custody seem to be those with outstanding warrants or unrelated convictions in other jurisdictions. That’s nice, but when the President directs a federal prisoner to be released, the correct response isn’t, “Well, that’s nice, Scooter, but I’ll get to it when I get to it.” Every case of a J6 prisoner being held past their legal release should result in terminations and criminal prosecution as they are sued into oblivion by the people they imprisoned.
