Philly DA considers charging freed J6ers at state level

Progressive Philadelphia District Attorney Larry Krasner has announced that he is looking into filing state charges against area Jan. 6 defendants who President Donald Trump pardoned. Trump issued the pardon order on Monday, his first day in office. 

Krasner told CNN that after Trump granted pardons and clemency for over 1,500 people involved in the riot at the US Capitol four years ago, “To the extent the federal charges encompass everything we’re talking about, then this argument probably fails. But I am very doubtful that it encompasses everything.” He added, “Those of us who actually believe in the rule of law … intend to preserve the values, traditions, laws, and Constitution of the United States.”

The Democrat said he is investigating if assaults on police or conspiracies involving groups, such as the Oath Keepers and Proud Boys, might fall outside the scope of federal charges and suggested that some actions, including using technology to commit crimes, violating state conspiracy laws, or infringing on state election statutes.

Krasner’s targets might include Zach Rehl, a former leader of the Proud Boys, Ryan Samsel, Phillip and David Walker, Brian Healion, Isaiah Giddings, and Freedom Vy. Rehl, who was released on Tuesday, had been sentenced to 15 years in prison for his role in the riot, and was among 14 people whose sentences were commuted by Trump.

Former federal prosecutor and defense attorney David Gelman told the Washington Examiner, “The fact that there is no state action that could possibly take place here makes this a very steep climb.”

According to the outlet, presidential pardons cover federal offenses but not state crimes. Additionally, Krasner could run into constitutional protections against double jeopardy, as occurred when judges cited those protections when ruling during Trump’s first term that the state court couldn’t prosecute Paul Manafort.

Gelman called Krasner’s investigation a “strictly a political ploy by Krasner,” and slammed the progressive for focusing on Jan. 6 cases while Philadelphia is suffering from some of the highest crime rates in the US. “Instead of addressing pressing issues like violent crime, he’s prioritizing actions against individuals pardoned years ago.”

Gelman noted that even Philadelphia Democrats shy away from Krasner due to his “soft-on-crime” reputation. “He is almost universally seen as out of touch with what the people of Pennsylvania need.”