A federal judge who was nominated by Donald Trump says it would be "beyond frustrating and disappointing" if the president-elect hands out mass pardons to rioters who stormed the U.S. Capitol after the 2020 election, a rare instance of judicial commentary on a politically divisive subject.
U.S. District Judge Carl Nichols , who was appointed to the bench in June 2019, expressed his criticism during a hearing Tuesday at which he agreed to postpone a Capitol riot defendant's trial until after Trump returns to the White House in January.
During his campaign for a second term as president, Trump repeatedly referred to Jan. 6 rioters as "hostages" and "patriots" and said he "absolutely" would pardon rioters who assaulted police "if they're innocent." Trump has suggested he would consider pardoning former Proud Boys leader Enrique Tarrio , who was sentenced to 22 years in prison after a jury convicted him of orchestrating a violent plot to keep Trump in power after the 2020 election.
"Blanket pardons for all January 6 defendants or anything close would be beyond frustrating and disappointing, but that's not my call," Nichols said, according to a transcript. "And the possibility of some pardons, at least, is a very real thing."
Nichols is one of over 20 judges who have presided over more than 1,500 cases against people charged in a mob's attack on the Capitol on Jan. 6, 2021. Many Capitol riot defendants have asked for post-election delays in their cases, but judges largely have denied their requests and forged ahead with sentencings, guilty pleas and other hearings.
