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Philadelphia Prosecutor Considers State Charges Against Pardoned Rioters

Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File)

Philadelphia's District Attorney, Larry Krasner, a Democrat known for his progressive approach to prosecution, has announced his intention to explore the possibility of filing state charges against individuals who were pardoned by former President Donald Trump for their involvement in the January 6 Capitol riot.

While presidential pardons do not extend to state offenses, legal experts point out that there are significant challenges in pursuing state prosecutions for individuals already pardoned at the federal level. Past attempts to bring state charges against individuals like Paul Manafort were thwarted due to constitutional protections against double jeopardy.

Krasner indicated that his office is reviewing federal charging documents to identify potential conduct that may not have been covered by the pardons. He specifically mentioned looking into cases involving assaults on police officers and collaboration with far-right extremist groups such as the Oath Keepers and Proud Boys.

Presidential pardons don't protect against state charges.
DA Larry Krasner considering state charges for Capitol rioters pardoned by Trump.
Challenges exist in prosecuting federally pardoned individuals at the state level.

The District Attorney highlighted several Pennsylvania laws that could potentially be used in prosecuting these cases, including statutes related to the misuse of technology for criminal activities, state conspiracy laws, and election-related offenses.

In a statement, Krasner emphasized the importance of upholding the rule of law and ensuring accountability for those involved in the events of January 6. He expressed a commitment to preserving the values, traditions, and Constitution of the United States, stating that accountability is essential for individuals who acted as co-conspirators of the former president.

As the legal review continues, it remains to be seen whether state charges will be pursued against the pardoned January 6 rioters. The potential for state-level prosecutions adds a new dimension to the ongoing legal fallout from the Capitol insurrection and raises questions about the limits of presidential clemency in cases of serious criminal conduct.

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