A Capitol rioter is seeking to have child pornography charges against him dismissed, arguing that President Donald Trump's pardon for his role in the January 6 insurrection invalidates the evidence used to charge him.
David Daniel, who was arrested in 2023 for allegedly assaulting police officers during the Capitol riot, was among hundreds pardoned by the president on his first day back in office.
During an earlier investigation into his alleged involvement in the insurrection, authorities executed a search warrant at his residence, where they allegedly discovered explicit images of a minor, drug paraphernalia and firearms, as reported by the Daily Beast.
Daniel was subsequently charged with possession of child pornography and illegal firearm possession.
In a filing with the U.S. District Court for the Western District of North Carolina, Daniel's attorneys argued that because the original search warrant was issued in connection to his now-pardoned January 6 case, the evidence obtained should be considered inadmissible.
A Jan. 6 defendant, separately charged with possession of child pornography, says Trump's pardon should cover the porn charges too — since the evidence came from a Jan. 6 related search by the FBI.
— Kyle Cheney (@kyledcheney) March 26, 2025
This is the same argument DOJ has made in other courts. https://t.co/vb08eQ6IqW pic.twitter.com/0H0xKguauS
The lawyers claimed that since the charges stem from the same investigation that led to his initial arrest, the pardon "requires dismissal" of any other charge related.
Similar arguments have been made in other cases of now-pardoned Capitol rioters. However, the court will now have to decide whether Daniel's legal claim holds merit.
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